2025 Update on Special Immigrant Juvenile Status (SIJS)

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Quick Summary: What Changed For SIJS In December 2025

• USCIS announced that, starting June 6, 2025, it would stop automatically considering deferred action for many youth with approved Special Immigrant Juvenile Status (SIJS).
• That change would have ended a key protection that allows SIJS recipients to apply for work authorization.
• A federal court later blocked this policy. The court ordered USCIS to continue using the 2022 SIJS deferred action policy.
• As of the most recent update, many SIJS beneficiaries can again receive deferred action and, in many cases, apply for or renew work permits.

If you are not sure how this affects your case, you should speak with an immigration lawyer familiar with SIJS and juvenile court orders.

Latest 2025 Court Update: What Is The Law Right Now?

A recent order from the U.S. District Court for the Eastern District of New York stopped USCIS from ending its 2022 SIJS deferred action policy.

In practice, this means:

• USCIS must again consider deferred action for many youth whose SIJS petitions were approved.
• Youth who have deferred action based on SIJS can still apply for or renew employment authorization if they qualify.
• USCIS must continue processing pending work authorization applications that are based on SIJS-related deferred action.
• Youth who were granted SIJS on or after April 7, 2025, may now be considered for deferred action under the court’s order.

The exact outcome for any child depends on their specific timeline and immigration history, so it is important to get individual advice.

Timeline Of SIJS Deferred Action Policy Changes In 2025

1. The 2022 SIJS Deferred Action Policy

In 2022, USCIS announced that many noncitizen youth whose SIJS petitions were approved would be considered for deferred action. Deferred action is a form of prosecutorial discretion that can:

• Lower the risk of removal while it is in effect, and
• Allow eligible youth to apply for work authorization based on their deferred action.

For many young people stuck in immigrant visa backlogs, this policy provided temporary stability and the chance to work lawfully in the United States while they waited to apply for permanent residence.

2. June 6, 2025: USCIS Announces It Will End The Policy

In 2025, USCIS published a notice explaining that, starting June 6, 2025, it would no longer grant deferred action under the 2022 SIJS policy. According to that notice:

• USCIS would stop issuing new SIJS-based deferred action under the 2022 framework.
• The agency would not extend or renew SIJS-based deferred action under that policy.
• However, previously granted deferred action would remain valid until its scheduled expiration date.

This announcement caused serious concern for SIJS youth who had planned their lives around the stability provided by deferred action and work authorization.

3. Later In 2025: Federal Court Blocks The Rescission And Restores The Policy

The U.S. District Court for the Eastern District of New York later issued an order blocking USCIS from ending the 2022 SIJS deferred action policy. The court’s decision requires USCIS to continue applying the 2022 framework.

Under the court’s order:

• SIJS beneficiaries with current deferred action based on SIJS can keep that protection until the end date shown on their notices, unless the government takes new action in their cases.
• Many SIJS beneficiaries who were approved after April 7, 2025, may now be considered for deferred action under the restored policy.
• Youth who already filed for work authorization based on SIJS-related deferred action should have their applications adjudicated by USCIS.

Because federal litigation can continue to evolve, it is important to stay informed and talk with a qualified immigration attorney about the latest developments.

What Is Special Immigrant Juvenile Status (SIJS)?

Special Immigrant Juvenile Status is an immigration classification for certain noncitizen children and young people who have been abused, abandoned, or neglected by one or both parents and who cannot safely return to their home country.

If SIJS is approved, it can open a path toward lawful permanent residence, often called a green card, for a vulnerable child who qualifies.

Who Qualifies For SIJS?

Although every case requires careful review, SIJS generally requires:

• The child is under 21 years old at the time the SIJS petition is filed.
• The child is not married.
• The child is currently living in the United States.
• A state juvenile, family, or dependency court has issued a valid order that:
  • Places the child in the custody of a person, an agency, or a state department, or otherwise addresses their care,
  • Finds that reunification with one or both parents is not viable because of abuse, abandonment, neglect, or a similar basis under state law, and
  • Determines that it is not in the child’s best interest to return to their country of nationality or last habitual residence.

The juvenile court order is a critical foundation. Without it, USCIS generally cannot grant SIJS.

What Is Deferred Action For SIJS Youth?

Deferred action is not a lawful immigration status, and it does not guarantee a green card. Instead, it is a decision by the government to temporarily postpone removal for a specific period.

For SIJS youth, deferred action can:

• Reduce the risk of being placed into removal proceedings while it is valid.
• Allow eligible youth to apply for employment authorization, which can help them work lawfully, support themselves, and pay for school or basic expenses.

Deferred action is discretionary, which means USCIS is not required to grant it in every case. However, under the restored 2022 SIJS policy, many SIJS beneficiaries may once again be considered for this protection.

How Does The 2025 Court Decision Affect Me?

The answer depends on your situation. Here are some common scenarios.

1. You Already Have Deferred Action Based On SIJS

If you already have SIJS-based deferred action:

• Your deferred action remains valid until the expiration date listed on your notice, unless the government ends it for a specific reason.
• If you qualify, you can generally apply for, or renew, employment authorization while your deferred action is in effect.

You should keep copies of all notices from USCIS and speak with a lawyer well before your documents expire.

2. You Were Granted SIJS After April 7, 2025

If USCIS approved your SIJS petition on or after April 7, 2025:

• Under the court’s order, USCIS must again consider deferred action for many youth in this category.
• Some SIJS recipients in this group who previously could not receive deferred action may now be eligible to be considered.

Because the law is technical, it is important to have your case evaluated individually.

3. You Filed For Work Authorization Based On SIJS Deferred Action

If you submitted a work authorization application based on SIJS-related deferred action and it is still pending:

• The court’s order requires USCIS to adjudicate that application.
• A decision may result in approval, denial, or a request for more evidence.

You should make sure USCIS has your correct mailing address so you do not miss any notices.

Step-By-Step Overview Of The SIJS Process

While every case is unique, a typical SIJS case often involves the following stages:

Step 1: Juvenile Court Proceedings

An attorney usually begins with state juvenile or family court, where they seek an order that:

• Places the child in a specific custody or guardianship arrangement,
• Finds that reunification with one or both parents is not viable because of abuse, neglect, abandonment, or a similar basis under state law, and
• States that returning the child to their home country would not be in their best interest.

This order is what makes the child eligible to request SIJS from USCIS.

Step 2: Filing The SIJS Petition With USCIS

Using the court order, the attorney files Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS. The petition includes:

• The juvenile court order,
• Proof of the child’s identity and age, and
• Supporting documents that show the child meets SIJS requirements.

If USCIS approves the I-360, the child becomes a SIJS beneficiary and may later qualify to apply for a green card.

Step 3: Deferred Action And Work Authorization

Under the restored 2022 policy:

• USCIS may consider granting deferred action to many SIJS beneficiaries, including those approved on or after April 7, 2025.
• If deferred action is granted, the child can often apply for employment authorization using the appropriate work permit category.

Not everyone will receive deferred action or a work permit, but the court’s order restores this important possibility.

Step 4: Applying For Permanent Residence (The Green Card)

If an immigrant visa is available in the child’s preference category, the attorney can file:

• Form I-485, Application to Register Permanent Residence or Adjust Status, along with required forms, fees, medical exam, and supporting evidence.

Many SIJS youth face waiting periods because of visa backlogs. During that time, deferred action and work authorization can help them remain in the United States while they wait.

Step 5: Long-Term Path Toward Citizenship

After becoming a lawful permanent resident and meeting the required years of residence and other conditions, many former SIJS beneficiaries may eventually qualify to apply for U.S. citizenship through naturalization.

Frequently Asked Questions About SIJS And Deferred Action In 2025

Can SIJS Youth Still Receive Deferred Action After The 2025 Court Decision?

In many cases, yes. The court’s order requires USCIS to continue using the 2022 SIJS deferred action policy, which means many SIJS beneficiaries may again be considered for deferred action. However, deferred action remains discretionary and is not guaranteed.

Does Deferred Action Give Me Legal Status Or A Green Card?

No. Deferred action does not create lawful immigration status and is not the same as a green card. It is a temporary decision not to remove you for a specific period. It can, however, allow you to apply for work authorization if you qualify.

Will My Existing SIJS-Based Deferred Action Be Taken Away?

Under the current court order, existing SIJS-based deferred action should remain valid until its expiration date unless the government takes separate action in your case. You should consult with an attorney if you receive any new notices from USCIS or immigration court.

What If USCIS Denied My Deferred Action Or Work Authorization After June 6, 2025?

If your deferred action or work authorization was denied or not processed because of the June 2025 policy change, you may now have new options under the court’s order. An attorney can review your notices and help you determine whether to refile or pursue other relief.

Do I Still Need A Juvenile Court Order Before Applying For SIJS?

Yes. The juvenile court order is still a required part of most SIJS cases. It must include specific findings about abuse, neglect, abandonment, and best interests. The federal updates do not replace the need for a valid state court order.

How Can Crescent Law Help With A SIJS Case?

At Crescent Law, we help families in Tukwila, Seattle, and the surrounding areas navigate both state juvenile court and federal immigration processes. We:

• Evaluate whether a child may qualify for SIJS,
• Work with families to obtain the required juvenile court order, and
• Guide clients through SIJS petitions, deferred action requests, work authorization applications, and green card filings.

If you have questions about how the 2025 SIJS update affects your child, contact Crescent Law to schedule a consultation.

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