SIJS Green Card Update: Who Can File Form I-485 in October and November 2026

whklawfirm

Oct 24

3 min read

There is good news for young people with approved Special Immigrant Juvenile petitions. Starting October 1, 2026, the filing cutoff for the SIJS category moved forward by two full years, and USCIS has confirmed that applicants may use that cutoff in both October and November. If your Form I-360 priority date is earlier than January 1, 2025, you may be able to file your green card application, Form I-485, now.

Many of our clients have been waiting years for this moment. Some were approved as teenagers and are now in their twenties. Here is what changed, what did not change, and what to keep in mind.

Statue of Liberty under a clear blue sky

What Changed in October 2026

Each month the Department of State publishes the Visa Bulletin with two charts. The Final Action Dates chart (Chart A) shows whose case can be approved. The Dates for Filing chart (Chart B) shows who can submit an application. USCIS decides each month which chart applies to green card applications filed with USCIS.

In September, the Dates for Filing cutoff for SIJS was January 1, 2023. In October it jumped to January 1, 2025, and USCIS allowed applicants to use that chart. The November Visa Bulletin keeps the same date, and USCIS has again designated the Dates for Filing chart for November.

1. Find your priority date. For SIJS, it is the date USCIS received your Form I-360. It is printed on your receipt notice and your approval notice.

2. If that date is earlier than January 1, 2025, you can file Form I-485 now. The window is open through November 2026.

3. Filing is not the same as approval. The Final Action Date for SIJS is still December 15, 2022. USCIS can accept and process your application, but it cannot approve it until your priority date is earlier than that date. The wait does not disappear. What changes is that you wait with a filed application, and that opens other doors, including a work permit.

If You Have a Case in Immigration Court

The Dates for Filing chart is a USCIS decision for applications filed with USCIS. If you are in removal proceedings, the immigration judge, not USCIS, decides your green card application, and the judge goes by the Final Action Dates chart. A visa must actually be available, which right now means a priority date earlier than December 15, 2022. So for anyone with a court case, the first question is how to handle the court case. That might mean asking the government to dismiss it so you can file with USCIS, or it might mean waiting to adjust before the judge. Please do not file with USCIS on your own while your court case is open.

Just as Important: What Is NOT Changing

1. SIJS applicants remain exempt from the public charge rule. The new public charge rule took effect on September 18, 2026, and it does not apply to Special Immigrant Juveniles. The current Form I-485 still lets you mark that exemption.

2. If your priority date is on or after January 1, 2025, your case is not behind. Your I-360 approval and your place in line are unchanged. The chart will move again, though no one can say when.

3. Your SIJS approval stays valid whether or not you file now. Filing is an opportunity, not a deadline for your status.

Things to Keep in Mind

November is confirmed, and December is not. USCIS chooses the chart one month at a time. If USCIS switches back to the Final Action Dates chart, the filing window closes for anyone whose priority date is between December 15, 2022 and January 1, 2025. If you are eligible, there is a real reason to prepare your application now rather than wait to see what December brings.

A pending Form I-485 allows you to apply for a work permit. Once your green card application is received, you can request employment authorization based on the pending application. For many young people this is the most immediate change this news brings.

If you have any criminal record, or a case in immigration court, talk to an attorney before filing. Both can affect whether and how you should apply, and the right answer depends on the details of your case.

Questions About Your Case?

Every case is different. If you have an approved SIJS petition and want to know whether you can file now, contact our office to schedule a consultation. We serve our community in English and Spanish.

This post is for general information only and is not legal advice. Every case is unique. Please consult a qualified immigration attorney about your specific situation.