Special Immigrant Juvenile Status (SIJS)

1. Juvenile Court Orders
   A state court order confirms abuse, abandonment, or neglect and establishes that reunification with parents is not possible.
2. I-360 Petition
   File the Special Immigrant Juvenile (Form I-360) petition with USCIS.
3. Visa Availability (EB-4)
   SIJS falls under the EB-4 visa category. When a visa is available, the child can take the next step.
4. Adjustment of Status (I-485)
   If the youth is in the U.S. and a visa is available, they can apply to adjust status to lawful permanent resident.
5. Employment Authorization Document (EAD)
   With a pending adjustment application, the child can obtain work authorization (EAD)..

• Ability to apply for lawful permanent residence (a green card). 
• Entry without inspection (EWI) does not block eligibility. Unlike many other immigration processes, youth can move forward even if they entered the U.S. without a visa.
• Protection from deportation while the case is pending.
• Eligibility for a work permit (EAD) once a visa becomes available in the EB-4 category.

•  SIJS recipients cannot petition for their parents.
• Visa availability under the EB-4 category can cause delays.
• USCIS carefully reviews custody orders to confirm they meet eligibility standards.

In Maryland and Washington, D.C., juvenile courts can issue SIJS orders until age 21, unlike many states where eligibility ends at 18. Acting quickly is essential to avoid missing this protection.

• On June 6, 2025, USCIS ended the practice of automatically granting deferred action to youth with approved SIJS cases.
• Deferred action is now discretionary and decided case by case.
• Employment authorization (EAD) depends on visa availability in the EB-4 category. 

• Final Action Date (EB-4, all countries): July 15, 2021
• Dates for Filing (EB-4): January 1, 2023
• This means beneficiaries with approved SIJS petitions and priority dates on or before January 1, 2023 may be eligible to file adjustment of status this month even though final approval will only occur once the Final Action Date is met.  
• Only youth with approved SIJS petitions and priority dates on or before July 15, 2021 may receive final approval of adjustment of status or immigrant visa issuance at this time.
• For March 2026, USCIS is using the Dates for Filing chart for employment-based cases. This means some youth with priority dates on or before January 1, 2023  may be eligible to file adjustment of status, even though final approval is not yet available.
• A visa number must be available at the time of adjudication for final approval.
  Visa Bulletin cutoff dates may move forward or backward without notice.

⚠️ Filing an adjustment application while EB-4 is current allows the case to remain pending and may provide access to interim benefits like work authorization, but final approval cannot occur unless a visa is available at the time of adjudication. 

• Existing deferred action and work permits granted before June 6, 2025 generally remain valid until expiration, unless USCIS revokes them.
• New applicants will not receive work authorization solely because a green card is not yet available.
• Visa availability under EB-4 is now critical and directly affects eligibility for deferred action and work authorization.
• 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 these changes closely and provides guidance so SIJ applicants are prepared to act at the right time.