On April 10, 2026, following comprehensive consideration of the government’s and the affected parties’ interests, including current and future SIJ petitioners, USCIS announced the rescission of the 2022 SIJ deferred action policy. The new policy takes effect May 10, 2026, and applies only to SIJ petitions filed on or after that date. This change eliminates automatic work authorization for newly approved SIJs waiting for visa numbers and creates an urgent 30-day filing window for practitioners with pending SIJ clients.
What changed
For all SIJ-based Forms I-360 filed on or after May 10, 2026, USCIS will no longer automatically conduct deferred action determinations for SIJs who cannot apply for adjustment of status solely because an immigrant visa is not immediately available. After the 30-day notice period, USCIS will no longer automatically consider granting deferred action for SIJs who cannot yet adjust status due to visa availability.
Under the new policy, no automatic deferred action will be granted: USCIS will no longer routinely grant deferred action after an I-360 approval. Officers may still consider deferred action case-by-case, but approval of an SIJ petition will not weigh as a strong positive factor.
However, the change is not fully retroactive. Aliens with current deferred action based on their SIJ classification will generally retain this deferred action, as well as retain their current employment authorization provided based on their current grant of deferred action, until the validity period expires, and may request a new period of deferred action.
Advocates should note that the memorandum provides 30 days’ notice for individuals who have not filed their SIJ petition to take action, as those whose petitions are submitted before the policy becomes effective on May 10, 2026 will be subject to USCIS’s 2022 deferred action policy. May 10, 2026 falls on a Sunday, so best practice is to account for time and ensure that USCIS receives the I-360 petition on Friday, May 8, 2026 (at the latest).
Why it matters
This policy change is consequential for vulnerable young people and the attorneys serving them. This change affects undocumented children and young adults who have been abused, abandoned, or neglected by one or both parents. Losing automatic deferred action means many SIJs will no longer have work authorization or meaningful protection from removal while they wait years—sometimes more than a decade—for a green card to become available.
Prior to the 2022 deferred action policy, many SIJS recipients must wait several years—often well into adulthood—before a visa becomes available. For example, as of the date of publication in May 2026, green cards are becoming available to SIJS holders who were approved in mid-2021, meaning they spent approximately five years in legal limbo after obtaining the necessary predicate orders, filing the required applications with USCIS, and having those applications approved by the agency.
The effective date creates an immediate filing deadline. Practitioners should note that the memorandum provides 30 days’ notice for individuals who have not filed their SIJ petition to take action, as those whose petitions are submitted before the policy becomes effective on May 10, 2026 will be subject to USCIS’s 2022 deferred action policy. Any SIJ I-360 petition filed before May 10 will be adjudicated under the more protective 2022 standard.
Way forward
-
File immediately if pending. Ensure that USCIS receives the I-360 petition by Friday, May 8, 2026 (at the latest), since May 10, 2026 falls on a Sunday. Any petition received before the effective date will be evaluated under the 2022 automatic-consideration standard.
-
Assess current deferred action holders. SIJ clients with current deferred action will generally retain it and their EAD until expiration, may request renewal, but USCIS retains discretion to terminate at any time. Check expiration dates and plan ahead for renewals.
-
Prepare case-by-case deferred action requests. For SIJ petitions filed on or after May 10, 2026, SIJs may request deferred action in writing or through submission of Form G-325A. Requests should be supported by evidence of equities (school enrollment, community ties, lack of criminal history, vulnerability factors).
-
Monitor ongoing litigation. The 2026 memorandum is already the subject of ongoing federal litigation. A court order could modify or delay implementation.
Disclaimer
This article is published by articles.folaform.com, a software company and educational resource, not a law firm. This content is not legal advice and does not create an attorney-client relationship. Immigration policy is complex and frequently changes without notice. Consult a licensed immigration attorney in your jurisdiction before relying on any statement in this article or taking action based on this information. Verify all information against the authoritative source linked above and applicable law.