Urgent update for Special Immigrant Juvenile (SIJ) applicants and their attorneys: USCIS announced on April 10, 2026 that it is rescinding the 2022 SIJ deferred action policy, effective May 10, 2026. Because May 10 falls on a Sunday, any I-360 petition that needs to arrive at USCIS under the old policy must physically arrive by Friday, May 8, 2026. This is one of the most significant changes to SIJ protections in years.
SIJ status 2026 — USCIS ended automatic deferred action and what petitioners must do now.
What Is Special Immigrant Juvenile (SIJ) Status?
Special Immigrant Juvenile (SIJ) status is a form of immigration protection for undocumented children and teenagers in the United States who have been abused, neglected, or abandoned by one or both parents. To qualify, a juvenile court must issue a specific order finding that:
- The child is dependent on the court, or has been placed in the custody of a state agency or an individual appointed by the court
- Reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law
- It is not in the child’s best interest to be returned to their home country
Once USCIS approves a Form I-360 (the SIJ petition), the child may apply for a green card. However, for many SIJ recipients, an immigrant visa is not immediately available due to backlogs in the EB-4 category — meaning they must wait, sometimes years, before they can file for adjustment of status. During that waiting period, the 2022 USCIS policy automatically granted these individuals deferred action, giving them temporary protection from deportation and eligibility for a work permit.
What the New USCIS Policy Changes (Effective May 10, 2026)
Under the old 2022 policy, once USCIS approved an I-360 SIJ petition, the agency automatically evaluated the individual for deferred action if an immigrant visa was not immediately available. Approval of the I-360 was treated as a strongly favorable factor, and most SIJ recipients were granted deferred action without having to separately request it.
Under the new policy effective May 10, 2026, this automatic process ends. Here is what changes:
- No more automatic deferred action: USCIS will no longer automatically conduct deferred action determinations for SIJ applicants who cannot yet file for adjustment of status.
- Must affirmatively request deferred action: Individuals will need to submit a separate written request — typically using Form G-325A (Biographic Information for Deferred Action) or a written statement — to affirmatively ask for deferred action.
- No automatic favorable weight for SIJ approval: Under the new policy, having an approved I-360 is no longer treated as a particularly strong factor favoring deferred action. Each case will be evaluated individually on its own merits and circumstances.
- Impact on work authorization: Without deferred action, SIJ recipients cannot obtain or renew Employment Authorization Documents (EADs) under category (c)(14). Loss of work authorization directly affects the ability to work legally.
Who Is Affected and Who Is Protected
People NOT Affected by the Change
The following individuals retain their existing protections under the transition rules:
- SIJ recipients who already have an active grant of deferred action based on their SIJ classification will retain that deferred action until its validity period expires.
- Individuals with a current deferred action grant also retain their current EAD until the work permit’s validity period expires.
- SIJ recipients who submitted a Form G-325A request for deferred action before May 10, 2026 will be evaluated under the more favorable 2022 framework.
- I-360 petitions that physically arrive at USCIS on or before May 8, 2026 (to account for May 10 being a Sunday) will be evaluated under the old, more favorable policy.
People Directly Affected
- SIJ applicants whose I-360 petitions are filed on or after May 10, 2026 will be subject to the new, less favorable policy from the start.
- Existing SIJ recipients whose deferred action expires after May 10, 2026 will need to submit an affirmative request for renewal — and there is no guarantee of approval.
- SIJ recipients who never received deferred action under the 2022 policy (e.g., because their I-360 was approved but no deferred action determination was made) are now in a more precarious position.
Action Steps — What to Do Before May 8, 2026
Given the tight timeline, SIJ applicants and their legal representatives should take the following steps immediately:
- File the I-360 petition now if it has not been filed yet. Petitions that arrive at USCIS by May 8 (Friday) will be evaluated under the old, more favorable policy.
- Submit Form G-325A before May 10 if you have an approved I-360 but have not yet been granted deferred action. Filing the G-325A before the deadline ensures evaluation under the 2022 framework.
- Check your current deferred action grant date if you already have deferred action. Know when it expires so you can plan your renewal request accordingly.
- Contact an immigration attorney immediately if you are in removal proceedings and your only protection has been SIJ-based deferred action. Your exposure to deportation may increase significantly after May 10.
- Do not let your EAD expire without addressing the underlying deferred action status. Once deferred action ends, your work authorization category (c)(14) ends with it.
Why Is USCIS Making This Change?
The rescission of the 2022 SIJ deferred action policy is consistent with the broader immigration enforcement priorities of the current administration. Officials have expressed concerns that the automatic deferred action policy for SIJ recipients created an incentive for youth to seek SIJ classification as a pathway to remain in the country, and that deferred action should be granted only on a case-by-case basis based on individual merit — not automatically upon approval of a specific visa category.
Immigration advocacy organizations, including the Immigrant Legal Resource Center (ILRC) and the Children’s Immigration Law Academy (CILA), have strongly criticized the change, arguing that it disproportionately harms the most vulnerable immigrant children — those who have already survived abuse, neglect, and abandonment — and removes a critical safety net during a period when they are waiting in a backlog through no fault of their own.
Frequently Asked Questions
My I-360 was approved months ago. Do I still have deferred action?
If USCIS granted you deferred action under the 2022 policy, you retain it until the grant expires. Check your approval notice or EAD card for the expiration date. You will need to affirmatively request renewal after May 10, 2026.
Can I still get an EAD after May 10, 2026 as an SIJ recipient?
Yes, but only if you are granted deferred action through the new affirmative request process. Without deferred action, you cannot obtain an EAD under category (c)(14). Speak to an attorney about alternative employment authorization options.
What is Form G-325A and how do I use it?
Form G-325A (Biographic Information for Deferred Action) is the form used to affirmatively request deferred action from USCIS. It captures biographical information about the applicant. Submit it along with a written explanation of your circumstances to request deferred action after the policy change.
What happens if my I-360 is still pending and it won’t be approved before May 10?
If your I-360 petition was physically received by USCIS on or before May 8, 2026, it will be evaluated under the old 2022 policy regardless of when USCIS actually adjudicates it.
Is there a legal challenge to this policy change?
As of May 2026, advocacy organizations are monitoring the policy change closely. Consult with your attorney about whether any pending litigation could affect your specific case.
Related Immigration Guides
- Green Card (Form I-485): Adjustment of Status Guide
- Asylum in the United States: Complete Guide
- VAWA Self-Petition Guide
- Deportation Defense Guide
- EAD (Work Permit) Guide
- Form I-485: Adjustment of Status
