Recent Changes to Special Immigrant Juvenile Status
In recent years, more than 100,000 young people have gained approval for Special Immigrant Juvenile Status. Due to a backlog in green card processing, many of these juveniles are still waiting for their permanent residency, and lengthy delays are common. Under the new administration, on June 6, 2025, the USCIS ended Special Immigrant Juvenile Status (SIJS) deferred action.
Youth with approved I-360s, waiting for visa availability, are no longer automatically considered for deferred action. Furthermore, the (c) (14) work authorization via deferred action, tied to that policy, is no longer available to new applicants. There are additional changes listed below. If you are a non-citizen wondering about SIJS or any other path to citizenship, it can be extremely beneficial to consult with an experienced Warrenton, VA immigration lawyer.
What is Special Immigrant Juvenile Status?
SIJS is a humanitarian pathway for young people in the United States who are unable to reunite with one or both parents because of abuse, neglect, or abandonment. The juvenile must be under 21 years old, unmarried, and already in the United States. The juvenile must have been declared dependent on a juvenile court because of parental neglect, abuse, or abandonment.
A state court must have determined that it is not in the child’s best interests to be reunified with one or both parents. The advantages of SIJS included the ability to apply for a green card, work authorization, and protection from deportation. SIJS can also make juvenile recipients eligible for some public benefits and, eventually, U.S. citizenship.
Additional Changes to SIJS
Existing Employment Authorization Documents (EADs) based on prior deferred action will remain valid until their expiration. There is a "last chance" I-360 filing within two weeks of an individual’s 21st birthday. The EB-4 backlog will continue. The State Department Visa Bulletin and USCIS filing charts can be checked to know when adjustments can be filed.
The entire Special Immigrant Juvenile program is likely to remain closely scrutinized, with more RFEs issued. An RFE, or Request for Evidence, is a formal notification from USCIS that requests additional information or documentation to process an immigration application or petition.
Filing Before Age 21 – A Crucial Deadline
Those under the age of 21 have a very narrow window of opportunity to file for I-360 before their 21st birthday. An in-person appointment must be requested within two weeks of the individual's 21st birthday to date-stamp a last-minute I-360. The following documents must be submitted with Form I-360 to support eligibility:
- A birth certificate or passport, with a certified English translation
- Valid juvenile court orders that make the required SIJS determinations
- Evidence supporting the court-ordered findings
- Those in the custody of HHS will require written consent
- An attorney or representative can be indicated by submitting a Form G-28
Steps to Take
The 2022 DHS final rule that became effective April 7, 2022, remains the "baseline" for SIJ requirements, USCIS consent, and revocation provisions and can be found at 8 C.F.R. Section 204.11. If the 21st birthday of the individual is near, the I-360 should be filed with accompanying documents in a timely manner. Those who already have an SIJ-based deferred action/EAD can expect it to remain valid until the expiration date. Those without the deferred action/EAD should explore other forms of relief or protection that are case-specific.
Contact a Prince William County, VA SIJS Immigration Attorney
If you are concerned about your SIJS case or an upcoming 21st birthday, a Fairfax, VA immigration lawyer from The Estevez Group, PC can help you navigate the new 2025 rules. Attorney Estevez helps people in crisis, is available 24/7, works as a guardian ad litem, and is fluent in Portuguese and Spanish. She has been named as a Super Lawyers Rising Star each year from 2020 to 2025. Call 703-202-1660 to schedule your free consultation.
