June 2025 Policy Update: Deferred Action and Work Permits for SIJS Recipients 

 On June 6, 2025, USCIS announced a significant immigration policy change. Children with an approved petition for Special Immigrant Juvenile Status (SIJS) who are awaiting eligibility to apply a green card due to visa backlogs will no longer automatically receive protection from deportation (deferred action) or be eligible for work authorization. These benefits must now be requested separately and are not guaranteed. Learn more about this change HERE.  

What is Special Immigrant Juvenile Status  

Special Immigrant Juvenile Status (SIJS) is a vital legal protection for undocumented children who have been abused, abandoned, or neglected by a parent. This status offers a path to safety, stability, and, ultimately, lawful permanent residency (a green card), allowing children to build a more secure future in the U.S.

North Suburban Legal Aid Clinic provides free, confidential immigration legal aid to qualifying residents of Lake County and north suburban Cook County.

What Are the Requirements to Qualify for Special Immigrant Juvenile Status?

To qualify for SIJS, an applicant must meet the following requirements:

1. Under 21 Years Old

SIJS is available only to individuals who are under 21 at the time they apply.

2. Unmarried

The applicant cannot be married at the time of applying for SIJS. If an applicant was previously married, they must be legally divorced or widowed to qualify.

3. Have a Valid Juvenile Court Order

Before applying for SIJS, the child must obtain a court order from a state juvenile or family court. An adult, like a guardian, family member or child representative, with the help of a lawyer, can file a petition with the court on the child’s behalf.

This order serves as the foundation for an SIJS application and must be issued under state law and show that:

• The child is dependent on the court or placed under the custody of an individual, agency, or department.

• The child cannot be reunified with one or both parents due to abuse, neglect, abandonment, or a similar basis under state law.

• It is not in the child’s best interest to return to their home country.

Some states require that a state court order be issued before the child turns 18, so timing is crucial.

4. Be Present in the United States

SIJS is only available to children physically present in the U.S. at the time of their petition and decision. Those outside the country do not qualify.

5. Get USCIS Consent

USCIS must confirm that the request is based on a genuine need for protection from parental abuse, neglect, or abandonment and not just for immigration benefits.

6. Have Written Consent from HHS/ORR (If in Custody)

This applies to children in the custody of the Department of Health and Human Services (HHS) / Office of Refugee Resettlement (ORR)—typically unaccompanied minors. If a court order changes custody or placement, HHS/ORR must provide written consent first.

What Are the Benefits of SIJS?

Special Immigrant Juvenile Status (SIJS) provides important protections and a path to lawful permanent residency for undocumented children who have been abused, abandoned, or neglected. 

If approved, SIJS still allows recipients to apply for a green card (lawful permanent residency) when a visa becomes available. Once granted a green card, recipients may become eligible for public benefits, financial aid, and eventually U.S. citizenship. 

However, as of June 2025, SIJS no longer provides automatic protection from deportation (deferred action) or work authorization. These benefits must now be requested separately and are not guaranteed. 

How Do I Apply for Special Immigrant Juvenile Status?

Applicants, often with help from a guardian, caregiver, caseworker (if they are underage), must submit Form I-360 along with supporting documents, including:

A Valid Judicial Court Order

Before applying for SIJS, you must have obtained a juvenile court order that finds:

• You have been abused, abandoned, or neglected by one or both parents.

• It is not in your best interest to return to your home country.

• You need the protection of the court.

Proof of Age

USCIS requires you to submit one of the following:

• Birth Certificate

• Passport

• Official Identification Issued by a Foreign Government

• Other valid documents that can confirm your age

A certified English translation of these documents may also be required.

Form G-28 (if applicable)

If you are working with an attorney or accredited representative, they must submit this form to represent you before USCIS.

What Is the Processing Time for SIJS?

• Form I-360 (SIJS Petition): USCIS generally takes up to about 180 days (6 months) to make a decision.

• Adjustment of Status (Green Card Application – Form I-485): Processing times vary. Check USCIS Case Processing Times for updates.

To track your case status, visit USCIS’ Case Status Online.

What Happens if I Turn 21 While My SIJS Petition is Pending?

If you applied before turning 21, your application remains valid, even if you turn 21 during processing. However, it’s important to submit your application as early as possible.

Some states require a juvenile court order to be issued before the child turns 18, so applying early is crucial.

Can I Apply for SIJS if I Live with a Relative Instead of Being in Foster Care?

Yes, you do not need to be in foster care to qualify for SIJS. If you have a valid juvenile court order, you may live with a relative, guardian, or another caregiver. The key requirement is that the court determines you cannot be reunited with one or both parents due to abuse, neglect, or abandonment.

Can I Get a Green Card Through SIJS? 

Yes—once an SIJS petition is approved and an immigrant visa becomes available. If a visa is available, you may apply to adjust status with Form I-485. 

However, if no visa is currently available, you must wait and are no longer automatically protected from deportation or eligible for work authorization under the new policy. You may need to affirmatively request deferred action or wait until a visa becomes available. 

Is Someone Protected from Deportation after Being Granted SIJ Status? 

Not automatically. Prior to June 2025, SIJS recipients were generally granted deferred action while awaiting eligibility to apply for a green card. That is no longer the case. You are not guaranteed protection unless USCIS grants it separately. 

Can Someone Work While on SIJ Status? 

No. As of June 2025, SIJS classification alone does not provide eligibility for work authorization. USCIS will no longer accept new applications for work permits based on deferred action for SIJS recipients who are waiting for a visa. Only those who already have valid deferred action and a work permit may continue working until their work authorization expires. 

Free Immigration Help to Apply for Special Immigrant Juvenile Status

North Suburban Legal Aid Clinic provides free, confidential immigration legal aid to individuals looking to file for Special Immigrant Juvenile Status or other forms of immigration relief.

To schedule a consultation, please call 847-737-4042 or email info@nslegalaid.org.

NSLAC also offers free legal aid in the areas of Housing and Domestic Violence.