301.823.6670 | TK@KennedyVisas.com

Special Immigrant Juvenile Status, often called SIJS or SIJ, is a humanitarian immigration path for certain young people in the United States who have been abused, neglected, abandoned, or placed in a similar situation recognized under state law.   

• SIJS can allow a young person to apply for lawful permanent residence, but it is not just a USCIS filing. Securing SIJS is a unique, two-part legal process that requires both state court action and federal immigration filings. 
• A state court must first issue a qualifying custody, guardianship, dependency, juvenile court, or similar order with the required SIJS findings. 
• Once those state court findings are in place, the young person may file a Form I-360 petition with U.S. Citizenship and Immigration Services (USCIS) to request SIJS classification. 

SIJS approval is an important step, but it does not automatically mean a green card is immediately available, and it no longer automatically leads to deferred action or a work permit.

To be eligible, the young person must be:

• Under 21 when the SIJS petition is filed with USCIS;
• Unmarried;
• Physically present in the United States;
• The subject of a qualifying order from a juvenile court,  custody, guardianship, or dependency proceeding;
• Unable to reunify with one or both parents because of abuse, neglect, abandonment, or a similar basis found under state law; and 
• The subject of a court finding that returning to their country of nationality or last habitual residence would not be in their best interest.

SIJS can apply even when the young person is safely living with one parent, a relative,  a guardian, or another caregiver. The key question is whether reunification with one or both parents is not viable under the applicable state law.  

• Courts in Maryland and Washington, D.C. may issue SIJS-related findings until age 21.    
• This is a critical difference from many states where the opportunity may end earlier. 
• Acting quickly with legal guidance is essential to protect this path before age or court jurisdiction becomes a problem.

Yes. SIJS remains a powerful and viable immigration path for eligible young people who cannot safely reunify with one or both parents because of abuse, neglect, abandonment, or a similar basis under state law.

The core SIJS process remains available: a qualifying state court order, a Form I-360 SIJS petition with USCIS, and, when an EB-4 visa is available, adjustment of status to lawful permanent residence.

What has changed is the timing and planning around the later stages. EB-4 backlogs may delay green card filing or approval, and USCIS no longer automatically reviews every SIJS approval for deferred action or work authorization.

That makes early legal guidance more important, not less. A strong SIJS case should be prepared from the beginning with the state court order, USCIS petition, Visa Bulletin timing, deferred action, work authorization, and adjustment strategy all in mind.

SIJS can provide an important path toward lawful permanent residence and long-term stability in the United States.

Potential benefits include:

• Ability to apply for lawful permanent residence when the EB-4 priority date is current and the young person is otherwise eligible.
• Eligibility may still exist even if the young person entered the United States without inspection or without a visa.
• Possible access to work authorization through deferred action, a pending adjustment of status application, or another qualifying EAD category.
• A stronger legal position while pursuing immigration protection, especially when SIJS is paired with a properly prepared court order, USCIS petition, and adjustment strategy.
• SIJS approval alone does not guarantee a green card, deferred action, protection from removal, or a work permit. The next step depends on the young person’s facts, the EB-4 Visa Bulletin, and the available immigration strategy.

1. State Court Order
   For many SIJS cases, the most important step is obtaining the right state court order. The order must contain the required SIJS findings, including findings related to custody or dependency, parental reunification, and best interests. The court order must do more than say the child had a difficult life. It must contain the required legal findings and be supported by facts. Weak, vague, or incomplete orders can create serious problems with USCIS.  🔷 ➤ Kennedy Law assists with custody, guardianship, and best-interest orders in Maryland and D.C. courts when those orders are needed for SIJS.
2. USCIS Form I-360 SIJS Petition
   After the state court order is obtained, the young person may file Form I-360 with USCIS for Special Immigrant Juvenile classification. USCIS reviews the petition, the court order, the factual record, and  supports the required SIJS findings and is connected to genuine child welfare concerns.  A strong SIJS petition should clearly connect the court findings, the family history, and the legal requirements. An approved SIJS petition is a major step, but it is not the same as a green card.
3. EB-4 Visa Availability
   SIJS falls under the EB-4 visa category. When a visa becomes available, the child can take the next step.  Because EB-4 is backlogged, many young people receive SIJS approval before they can file for or receive permanent residence. Visa availability must be checked through the monthly Visa Bulletin. 
4. Adjustment of Status (I-485)
   When a visa is available and the young person is otherwise eligible, they may be able to file Form I-485 to apply for lawful permanent residence. 

• SIJS approval does not automatically provide deferred action or a work permit.
• This matters because deferred action used to function as a bridge for many young people with approved SIJS petitions who were waiting for an EB-4 visa number. When a green card was not yet available, USCIS could still consider the young person for deferred action. If deferred action was granted, the young person could then apply for employment authorization based on that deferred action.
• That bridge is no longer automatic.
• For SIJ-based Form I-360 petitions filed on or after May 10, 2026, USCIS no longer automatically reviews the case for deferred action. Deferred action may still be requested, but it is discretionary and decided case by case.
• Work authorization now depends on the actual basis for the EAD. That may be deferred action, a pending adjustment of status application, or another qualifying category. SIJS approval alone does not guarantee a work permit.

• SIJS green card cases fall under the EB-4 immigrant visa category. EB-4 is backlogged, which means many young people receive SIJS approval before they can file for or receive permanent residence. 
• Whether adjustment of status can move forward depends on the monthly Visa Bulletin, the young person’s priority date, and which chart USCIS allows applicants to use that month.
• For July 2026, USCIS is requiring employment-based adjustment applicants, including EB-4 applicants, to use the Final Action Dates chart. The EB-4 Final Action Date is September 15, 2022.  
• When adjustment of status can be filed, a pending I-485 may allow the young person to request interim benefits, including work authorization. Final green card approval, however, requires visa availability at the time USCIS decides the case.
• Visa Bulletin dates can move forward, move backward, or become unavailable without warning.

 SIJS is powerful, but it has limits.

• SIJS recipients cannot later petition for immigration benefits for either parent.
• SIJS does not erase every immigration issue or every ground of inadmissibility.
• EB-4 visa availability can delay adjustment of status, even after SIJS approval. 
• USCIS carefully reviews state court orders to confirm that they contain the required SIJS findings and are connected to genuine child welfare concerns.
• Because timing, court jurisdiction, visa availability, and USCIS review all matter, SIJS cases should be prepared carefully from the beginning.

• Existing deferred action and work permits generally remain valid until expiration unless USCIS terminates or revokes them. 
• New SIJS applicants should not assume that deferred action or work authorization will be automatic. 
• EB-4 visa availability is critical for adjustment of status.  Work authorization depends on the available EAD basis, such as deferred action, a pending adjustment application, or another qualifying category. 
• Check the Visa Bulletin monthly to track EB-4 changes.
• Keep documents current and prepare renewals early. 
• Act quickly in coordination with your attorney when cutoff dates advance.

🔷 ➤  Kennedy Law monitors SIJS policy, EB-4 visa availability, deferred action, and work authorization issues so families can act at the right time.