2026 Update on Special Immigrant Juvenile Status (SIJS)

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SIJS Deferred Action And Work Permit Quick Summary: What Changed For SIJS In 2026

USCIS announced a new 2026 update affecting deferred action for Special Immigrant Juvenile Status, also known as SIJS.

On April 10, 2026, USCIS announced that it is rescinding the 2022 SIJS deferred action policy. The new policy takes effect on May 10, 2026.

This means USCIS will no longer automatically consider deferred action for SIJS applicants who cannot apply for adjustment of status only because an immigrant visa is not immediately available, if the SIJS petition is filed on or after May 10, 2026.

SIJS beneficiaries who already have deferred action based on their SIJS classification will generally keep their deferred action and related work authorization until the current validity period expires, unless USCIS terminates it.

Some SIJS beneficiaries may still request a new period of deferred action, but the timing matters. Requests submitted before May 10, 2026 may be considered under the 2022 policy.

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

Latest 2026 USCIS Update: What Is The Law Right Now?

USCIS has announced that the 2022 SIJS deferred action policy is being rescinded again.

Under the 2022 policy, USCIS automatically considered deferred action for many youth whose SIJS petitions were approved but who could not yet apply for a green card because an immigrant visa number was not immediately available.

The 2026 update changes that process.

In practice, this means:

• USCIS will no longer automatically consider deferred action under the 2022 SIJS deferred action policy for SIJS petitions filed on or after May 10, 2026.
• SIJS beneficiaries with current deferred action based on SIJS will generally keep that protection until the expiration date listed on their notices, unless USCIS terminates it.
• SIJS beneficiaries with current employment authorization based on deferred action will generally keep that work authorization until the current validity period expires, unless USCIS revokes it.
• SIJS beneficiaries who submit a request for a new period of deferred action before May 10, 2026 may be considered under the 2022 policy. Because May 10, 2026 falls on a Sunday, families should speak with an attorney about filing deadlines and whether a request should be received by USCIS before that date.
• USCIS retains discretion to terminate deferred action through a Notice to Appear or a Notice of Termination, and may revoke related employment authorization before the end of the validity period.

The exact outcome for any child depends on their specific timeline, filing date, immigration history, deferred action status, and work authorization history, so it is important to get individual legal advice.

Timeline Of SIJS Deferred Action Policy Changes

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 required USCIS to continue applying the 2022 framework.

Under the court’s order:

• SIJS beneficiaries with current deferred action based on SIJS could keep that protection until the end date shown on their notices, unless the government took new action in their cases.
• Many SIJS beneficiaries who were approved after April 7, 2025, could 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.

4. April 10, 2026: USCIS Announces A New Rescission Of The 2022 SIJS Deferred Action Policy

On April 10, 2026, USCIS announced that it is rescinding the 2022 SIJS deferred action policy. The new policy takes effect on May 10, 2026.

Under this update, USCIS will no longer automatically consider deferred action for SIJS applicants who cannot apply for adjustment of status solely because an immigrant visa number is not immediately available, if the SIJS petition is filed on or after May 10, 2026.

SIJS beneficiaries who already have deferred action based on their SIJS classification will generally keep their deferred action and employment authorization until the current validity period expires, unless USCIS terminates deferred action or revokes the related work authorization.

SIJS beneficiaries who submit a request for a new period of deferred action before May 10, 2026 may be considered under the 2022 policy.

Because this area has changed more than once, families should review the current policy and their specific case timeline before assuming that older SIJS deferred action or work permit rules still apply.

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 lawful immigration status, and it does not guarantee a green card. Instead, it is a temporary decision by the government to 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. It can also 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. Under the 2026 USCIS update, the 2022 SIJS deferred action policy is being rescinded again. For SIJS petitions filed on or after May 10, 2026, USCIS will no longer automatically consider deferred action for SIJS applicants who cannot apply for adjustment of status solely because an immigrant visa number is not immediately available.

How Does The 2026 USCIS Update 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 generally remains valid until the expiration date listed on your notice, unless USCIS terminates it.
• Your employment authorization based on that deferred action generally remains valid until the expiration date listed on your work permit, unless USCIS revokes it.
• You should keep copies of all notices from USCIS and speak with a lawyer well before your documents expire.
• USCIS retains discretion to terminate deferred action through a Notice to Appear or a Notice of Termination, and may revoke related employment authorization before the original expiration date.

2. You Need To Request A New Period Of Deferred Action

If you already have SIJS-based deferred action and need to request a new period of deferred action, timing matters.

SIJS beneficiaries who submit a request for a new period of deferred action before May 10, 2026 may be considered under the 2022 policy.

Because May 10, 2026 falls on a Sunday, families should speak with an attorney about filing deadlines and whether a request should be received by USCIS before that date.

Requests submitted on or after May 10, 2026 may be reviewed differently because USCIS is rescinding the 2022 SIJS deferred action policy.

Because deferred action is discretionary, it is important to have your case evaluated individually before filing.

3. Your SIJS Petition Is Filed On Or After May 10, 2026

For SIJS petitions filed on or after May 10, 2026, USCIS will no longer automatically consider deferred action under the 2022 SIJS deferred action policy.

That does not necessarily mean deferred action is impossible in every case, but it does mean the automatic SIJS-based deferred action framework will no longer apply in the same way.

The exact outcome may depend on the child’s SIJS timeline, visa availability, case history, and whether a separate discretionary request is appropriate.

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

If you submitted a work authorization application based on SIJS-related deferred action, the next step depends on whether deferred action has already been granted, whether it remains valid, and whether USCIS issues any new notice.

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 prior 2022 SIJS deferred action policy, USCIS automatically considered deferred action for many SIJS beneficiaries who could not apply for adjustment of status because an immigrant visa number was not immediately available.

The 2026 USCIS update changes this process.

For SIJS petitions filed on or after May 10, 2026, USCIS will no longer automatically consider deferred action under the 2022 SIJS deferred action policy.

If a SIJS beneficiary already has deferred action, that deferred action and related work authorization generally remain valid until the current validity period expires, unless USCIS terminates deferred action or revokes the related employment authorization.

If deferred action is granted or remains valid, the child may be able to apply for employment authorization using the appropriate work permit category.

Not everyone will receive deferred action or a work permit. The result depends on the filing date, visa availability, USCIS policy, the facts of the case, and the agency’s discretion.

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 may be important, but the 2026 USCIS update changes how deferred action may be considered for some SIJS beneficiaries going forward.

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 2026

Can SIJS Youth Still Receive Deferred Action After The 2026 USCIS Update?

Possibly, but automatic consideration is changing. For SIJS petitions filed on or after May 10, 2026, USCIS will no longer automatically consider deferred action under the 2022 SIJS deferred action policy. A separate request for deferred action may still be possible in some cases, but 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?

If USCIS already granted SIJS-based deferred action, it generally remains valid until the expiration date listed on your notice, unless USCIS terminates it. Related employment authorization generally remains valid until the expiration date listed on the work permit, unless USCIS revokes it. You should consult with an attorney if you receive any new notices from USCIS or immigration court.

What If My Deferred Action Or Work Permit Expires Soon?

If your SIJS-based deferred action or work permit expires soon, you should review your options before the expiration date. SIJS beneficiaries who submit a request for a new period of deferred action before May 10, 2026 may be considered under the 2022 policy. Because May 10, 2026 falls on a Sunday, families should speak with an attorney about filing deadlines and whether a request should be received by USCIS before that date. Requests submitted on or after May 10, 2026 may be reviewed differently under the new USCIS update.

What If My SIJS Petition Is Filed On Or After May 10, 2026?

For SIJS petitions filed on or after May 10, 2026, USCIS will no longer automatically consider deferred action under the 2022 SIJS deferred action policy. The child may still need an individualized review to determine whether deferred action, work authorization, or adjustment of status may be available.

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 2026 SIJS update affects your child, contact Crescent Law to schedule a consultation.