Policy Update: Special Immigrant Juvenile Status & Deferred Action
If you are an immigrant without legal status under 21 years of age in the United States, you may be eligible for Special Immigrant Juvenile Status (SIJS). One may apply for SIJS if they can prove that they “need the protection of a juvenile court because [they] have been abused, abandoned, or neglected by a parent”. When an immigrant is approved for SIJS, they may qualify for certain immigratory benefits such as lawful permanent residency and deferred action. However, under the Trump Administration, SIJS applicants are no longer “categorically considered” for deferred action. Continue reading to learn more about this change.1
Disclaimer
This blog post is only informational and is not intended for legal advice. You should always speak with an attorney about your specific situation. Below, we have linked our running list of reliable immigration attorneys if you are seeking legal advice.
What are the requirements for SIJS?
To qualify for SIJS, one must be:
- Under 21 years old
- Living in the United States
- Unmarried (never married OR divorced, widowed or annulled)
- a dependent of the court/a state agency or department/a court appointed individual or entity (with valid juvenile court order) OR in a permanent guardianship OR adopted OR aged out of juvenile court’s jurisdiction1
Am I a permanent resident if I am granted SIJS status?
No. If you’re granted SIJS, you may be eligible to apply for a Green Card through an adjustment of status form based on your SIJ status. However, you are not a permanent resident just because you were granted SIJS.
What is the benefit of SIJS?
Being granted SIJS provides a basis upon which one may be able to apply to adjust status to become a lawful permanent resident. In other words, it may open a pathway to permanent residency. In March of 2022, U.S. Customs and Immigration Services (USCIS) decided that they would automatically consider granting deferred action to SIJS recipients. However, as of June 6th, 2025, this is no longer the case.2
What is deferred action?
Deferred action is a determination that means that removal will be postponed. If someone has deferred action, they are considered to be lawfully present during the period for which that deferred action is active. However, that does not mean that deferred action is a lawful immigration status – it is not.3 Still, it is a form of protection against deportation.
For SIJS recipients, it allowed them to be legally present in the United States while they waited for an immigrant visa to become available to apply for LPR status. This is because an immigrant visa must be available for SIJS recipients to be able to apply for LPR status, but sometimes it can take years for this to happen. Thus, deferred action was offered to protect SIJS recipients from deportation while they waited to apply for LPR status.
What are the next steps?
In light of the change in policy, it is important to stay vigilant and stay on the lookout for updates. SIJS recipients who were already granted deferred action should continue to have it until their individual expiration dates, but always make sure to seek the opinion of an attorney for any legal advice or guidance regarding your specific situation.
References
1“Special Immigrant Juveniles.” U.S. Customs and Immigration Services, U.S. Department of Homeland Security, https://www.uscis.gov/working-in-US/eb4/SIJ.
2“Policy Alert.” U.S. Customs and Immigration Services, U.S. Department of Homeland Security, Jun. 6, 2025, https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250606-SIJDeferredAction.pdf.
3“Frequently Asked Questions.” U.S. Customs and Immigration Services, U.S. Department of Homeland Security, https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca/frequently-asked-questions.