In an unexpected decision, USCIS ends automatic deferred action for SIJS, reversing key benefits previously granted to juvenile immigrants.
This measure directly affects young immigrants waiting for a visa. Therefore, at Curbelo Law, our immigration attorneys in New Jersey are ready to guide you and protect your rights.
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Reasons why USCIS ends automatic deferred action for SIJS in 2025
USCIS is eliminating automatic deferred action for SIJs because it finds there is no sufficient legal basis to continue granting this benefit to minors with unavailable visas.
According to the agency, neither an approved Form I-360 nor a court ruling on the child’s best interests alone justifies granting deferred action or work authorization.
Furthermore, this change seeks to align its policies with current law, prioritizing national security and the public interest.
Since when did USCIS stop granting automatic deferred action for SIJs?
As of June 6, 2025, USCIS will no longer automatically consider deferred action for SIJS youth who are unable to adjust their status due to a lack of EB-4 visas. This decision applies even to those who already have an approved Form I-360.
What changes with the new USCIS policy on SIJS and deferred action?
Previously, deferred action for SIJs was automatic if there were no visas available. Now, it’s no longer.
Each juvenile individual must apply separately, and USCIS will decide on a case-by-case basis whether to grant it. This may affect access to work permits and protection against deportation.
Who does this change affect?
The new policy directly impacts:
- Young immigrants with approved Special Immigrant Juvenile Status will no longer automatically receive deferred action.
- Immigrant minors from countries with high demand for EB-4 visas, such as Mexico, Guatemala, Honduras, and El Salvador. Wait times there are very long.
- Applicants hoping to obtain an employment authorization while awaiting the possibility of adjusting their immigration status.
What can Juvenile immigrants with SIJS do now?
Given this change, those with SIJS classification must act quickly:
- Consult an immigration attorney to assess whether you can request deferred action on an individual basis.
- Gather evidence to support your humanitarian, security, or economic need.
- Check the Visa Bulletin each month to see if you can adjust your status based on your priority date.
- Explore other immigration options if you have family members with legal status or qualify for asylum or other relief.
- Do not be left without immigration protection.
What is deferred action?
Deferred action is a discretionary measure by USCIS that postpones the deportation of immigrants without legal status in the US. Although it does not grant immigration status, it allows:
- Stay in the country temporarily.
- Apply for an employment authorization (EAD).
- Have some stability while your immigration status is resolved.
How can Curbelo Law help you?
At Curbelo Law, we have extensive experience in juvenile immigration, SIJS, and deferred action proceedings.
Our legal team can help you assess whether your case qualifies for individual deferred action and gather and prepare the necessary documentation.
We’ll also help you submit your application strategically and timely, and track your EB-4 visa status while we explore other forms of immigration protection.
