If you or your child has applied for Special Immigrant Juvenile Status (SIJS), there has been a major and urgent change in immigration policy that may directly affect your case.

What is SIJS?

Special Immigrant Juvenile Status (SIJS) is a federal law created to provide a pathway to lawful permanent residency (a Green Card) for undocumented children and youth who have been abused, neglected, or abandoned by one or both parents. Historically, it has served as a vital safety net, allowing vulnerable minors to gain legal protection and stability within the United States.

What Changed?

On April 10, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it will no longer automatically grant deferred action to SIJS applicants waiting for a green card due to visa backlogs.
Before:
In the past, the path following an SIJS petition was relatively streamlined. Once a youth received SIJS approval, it triggered several benefits automatically:

  • Automatic Deferred Action: Approval immediately granted the applicant a protected status.
  • Work Authorization: Applicants were automatically eligible to apply for an Employment Authorization Document (EAD).
  • Protection From Deportation: Protection from deportation was a standard feature of the approval process, providing immediate peace of mind.

Now:
Under the new regulations, approval of the SIJS petition is no longer a “one-stop shop” for protection. The following changes now apply:

  • No Automatic Protection: SIJS approval by itself no longer guarantees deferred action or protection from removal.
  • No Automatic Work Permit: Eligibility for a work permit is no longer linked automatically to the initial approval.
  • Must Request Deferred Action Individually: To receive protection and work eligibility, applicants must now apply for deferred action individually. This adds an extra, manual step to the legal process that was previously handled by the system.

Who Is Affected?

  • Children and young adults with approved SIJS (Form I-360)
  • Individuals waiting years for a green card due to visa backlog
  • Families relying on work permits and stability

Important Deadlines & Consequences of Not Taking Action

USCIS gave only a 30-day window before this policy takes effect. This means timing is critical. If your case is not properly positioned, you may lose work authorization, protection from removal and suffer a loss of financial stability
Without taking action you may lose your ability to work legally, you could be placed in removal proceedings and your case may become significantly more complicated

What Can You Do Now?

Although automatic protections have been eliminated, you still have pathways to secure your status. We recommend taking the following three actions immediately:

  1. Request Case-by-Case Deferred Action
    You can still apply for protection, but your request must now be strategically prepared and strongly supported by humanitarian factors to be successful.
  2. Strengthen Your Evidence File
    To build the most compelling case possible, begin gathering vital documentation immediately, including:
    – Official school records and academic achievements.
    – Proof of good moral character (letters of recommendation, community involvement).
    – Certified court dependency orders.
    – Detailed evidence of hardship, abuse, or neglect.
  3. Consider Federal Court Options
    In certain complex situations, federal litigation may be the most effective way to challenge denials and protect your legal rights.

Don’t Wait – Take Action!

Because the policy landscape is shifting quickly, consulting with legal counsel to organize these documents is the best way to ensure your case is properly positioned.
Do not wait. Your case may depend on immediate action. We are actively helping SIJS clients respond to this new policy. Contact us today to evaluate your case at staff@erlaw.com