Effective June 6, 2025, U.S. Citizenship and Immigration Services (USCIS) has rescinded its “deferred action” policy for SIJS beneficiaries who were waiting for their Green Card priority date as listed in the Visa Bulletin. This change alters the protections and benefits young immigrants previously had during the Green Card waiting period.
- Previous Policy: Protections for SIJS Holders (May 2022 – June 2025)
Due to annual visa caps, the number of Green Cards available for SIJS applicants was limited. This created significant backlogs, leaving thousands of young immigrants waiting for years. To address this vulnerable situation, USCIS introduced a temporary policy in May 2022 that included:
- Protection through Deferred Action: After approving an SIJS petition, USCIS automatically granted deferred action, providing temporary protection against deportation.
- Work Authorization Eligibility: With deferred action, SIJS beneficiaries became eligible for an Employment Authorization Document (EAD), allowing them to work legally while waiting for their Green Card priority date.
- Current Policy and Consequences (as of June 6, 2025)
The new policy completely ends this temporary support mechanism:
- End of Deferred Action: USCIS will no longer systematically grant deferred action to SIJS beneficiaries solely because they are waiting for their priority date.
- Loss of Work Authorization Eligibility: Without deferred action, new SIJS beneficiaries cannot apply for work permits until they file for Adjustment of Status (Form I-485), which often takes years.
Impacts for newly approved SIJS applicants:
- Loss of temporary protection: Young immigrants no longer have formal protection from deportation while waiting.
- Loss of work authorization opportunities: They may only apply for work permits at the time of filing Form I-485.
Beneficiaries who already received deferred action and EADs under the previous policy will keep them until their expiration date. However, USCIS has stated that renewals will not be available.
