Immigration Laws

On June 6, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a policy guidance to eliminate automatic consideration of deferred action and related employment authorization for aliens classified as Special Immigrant Juveniles (SIJS). This means that SIJS Applicants with APPROVED Special Immigrant Juvenile Status (Form I-360) are no longer eligible to apply for Employment Authorization Document (Work Authorization Form-765) with USCIS. On March 7, 2022, USCIS updated its policy guidance to consider granting deferred action on a case-by-case basis to aliens classified as SIJS who were ineligible to apply for adjustment of status due to unavailable immigrant visas, and who were ineligible to apply for adjustment of status to lawful permanent resident (LPR). This policy has been revoked and terminated by USCIS. Recommendations: SIJS Applicants may seek alternative programs to seek employment authorization under different programs and reliefs. These programs and reliefs include but are not limited to Temporary Protected Status (TPS), Form I-821, Asylum, Form I-589, Adjustment of Status, Form I-485, DACA, Form I-821D, U-Visa, Form I-918, T-Visa, Form I-914, etc. Each case must be assessed on its own merit before the Applicant applies for these programs to seek employment authorization from USCIS. Policy Highlights Provides that USCIS will no longer conduct deferred action determinations for aliens with SIJ classification who cannot apply for adjustment of status solely because an immigrant visa is not immediately available. Removes prior guidance stating USCIS will accept new Applications for Employment Authorization (Form I-765), under category (c)(14), from aliens with SIJ classification who have been granted deferred action by USCIS because they cannot apply for adjustment of status solely because an immigrant visa number is not immediately available. Explains that aliens with current deferred action based on their SIJ classification will generally retain this deferred action, as well as retain their current employment authorization provided based on this deferred action, until the current validity periods expire. Provides minor clarifications to the current policy on terminating SIJ deferred action and confirms that USCIS, within its discretion, may terminate deferred action and revoke any associated employment authorization before the end of the current validity period. Disclaimer The content on this website is for informational purposes only and does not constitute legal advice. You should not act or refrain from acting based on any information on this site without seeking legal counsel on your specific matter

Key Rights with SIJS I-360 Approval Benefits Protection from Deportation: One of the most significant benefits of receiving I-360 approval under SIJS is protection from deportation. After obtaining SIJS classification, minors are legally recognized under this status, meaning they cannot be removed from the U.S. based on their previous undocumented status. This crucial protection offers stability and peace of mind, allowing minors to plan for their future in the U.S. without fear of removal. Work Authorization: Once your SIJS classification is approved by USCIS, you become eligible to apply for work authorization. Through an immigration attorney, you can request an Employment Authorization Document (EAD), which grants you the right to work legally in the United States. Importantly, minors under SIJS can obtain this work authorization even before applying for a green card, offering the opportunity to work lawfully for up to four years. This allows SIJS recipients to gain independence and potentially support themselves or their families while pursuing further steps toward residency. Pathway to a Green Card: Approval of Form I-360 is a crucial step on the pathway to becoming a lawful permanent resident, or green card holder. With this status, you are eligible to apply for adjustment of status through Form I-485. After approval, you will receive your green card, officially granting you the privileges of permanent residency. As a green card holder, you can reside in the U.S. indefinitely, with potential future pathways to citizenship. Access to Education: SIJS-approved individuals have the right to access public education. Many minors who obtain SIJS status may qualify for in-state tuition rates at public colleges and universities. This benefit makes higher education more affordable, helping SIJS recipients to pursue academic and career goals without facing prohibitive costs. Certain states may offer additional support, so check with an immigration attorney or school advisor for your specific eligibility. Social Services and Benefits: With a green card, SIJS recipients may become eligible for various social services and benefits, including healthcare, housing assistance, and other public benefits provided to lawful permanent residents. These services can play a critical role in helping SIJS recipients stabilize their lives, improve their quality of life, and build a foundation for future success in the U.S. Travel Flexibility: After receiving a green card, you will be able to travel outside the United States and re-enter, though specific rules and limitations apply. If you plan to travel abroad, it’s important to stay informed of re-entry requirements and keep your documents updated. In some cases, prolonged absences may affect your residency, so consulting an immigration attorney before travel is advisable. Next Steps After I-360 Approval Receiving SIJS I-360 approval is only the beginning. Following the appropriate steps will help ensure a smooth transition to lawful permanent residency: Apply for Adjustment of Status (Form I-485): Your next step is to file Form I-485, the Application to Register Permanent Residence or Adjust Status, to change your status from a special immigrant juvenile to a lawful permanent resident. Working with an attorney can help …

Feeling Unsafe Sharing Your SIJS Story? Here's How We Can Help!Many young immigrants face a difficult choice when navigating through the Special Immigrant Juvenile Status (SIJS) process: share their harrowing stories to gain eligibility or remain silent out of fear. Attorney Kousha Adhami's blog post tackles this critical issue and offers a solution: SIJS confidentiality.