USCIS Policy Change on SIJS Deferred Action: Key Deadlines and Strategic Considerations (April 2026 Update)
- whklawfirm
- Apr 17
- 2 min read
On April 10th, the U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum (PM-602-0198) ending the automatic consideration of deferred action for individuals granted Special Immigrant Juvenile Status (SIJS).
This policy, taking effect on May 10th, represents a significant shift in how SIJS beneficiaries obtain work authorization while waiting for visa availability.
What is Changing?
Since 2022, USCIS automatically considered granting deferred action upon approval of a Form I-360 SIJS petition. This allowed applicants to obtain work authorization despite the lengthy backlog in the EB-4 visa category.
The new memorandum eliminates this automatic process. Moving forward, SIJS approvals will no longer carry an automatic expectation of deferred action or employment authorization.
Critical Deadlines & Application
Because May 10th, 2026, falls on a Sunday, all filings should be received by USCIS no later than Friday, May 8th, 2026, to ensure they are processed under current rules.
1. If You Have Not Filed Form I-360
You must file your SIJS petition before May 10th, 2026, to receive automatic consideration for deferred action. Filing after this date will likely result in significant delays in obtaining a work permit.
2. If Your Petition Was Already Approved
The new policy does not apply to you if your case was approved between April 7th, 2025, and May 9th, 2026. However, the standard applied varies:
Approved by June 5th, 2025: A more favorable standard applies (per A.C.R. v. Noem).
Approved after June 6th, 2025: A stricter standard applies, which is currently under litigation.
3. If You Need to Renew Deferred Action
If you already have deferred action and need to renew using Form G-325A, you should strongly consider filing before the May 10th deadline. It is vital to include substantial evidence of:
School enrollment and employment history.
Community ties and good moral character.
The Visa Bulletin: A Potential Alternative
Recent movement in the EB-4 visa category offers a secondary path for some:
Current Window: As of April 2026, individuals with a priority date earlier than January 1th, 2023, may file for Adjustment of Status (Form I-485).
Upcoming Restriction: In May 2026, USCIS is expected to restrict this to dates earlier than July 2022.
Action Required: You may only have until April 30th, 2026, to file under the current favorable standard.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. Please consult with a qualified immigration attorney regarding your specific situation.
