SIJS Deferred Action: Eligibility, Work Permits, and Renewal

SIJS deferred action is a four-year grant of protection from removal, plus eligibility for a work permit, given to young people who have been approved as special immigrant juveniles but cannot yet apply for a green card because no immigrant visa number is available. USCIS created the policy in 2022 to address the backlog behind per-country visa caps in the employment-based fourth preference category. Its status right now is unusual: USCIS rescinded the policy in June 2025, a federal court blocked that rescission in November 2025, and the program is operating under court order while the litigation continues.

Where the Program Stands Right Now

USCIS first implemented automatic deferred action consideration for SIJ-classified youth on May 6, 2022. On June 6, 2025, the agency rescinded that policy and said it would no longer categorically consider deferred action for SIJ beneficiaries. On November 19, 2025, a federal judge in the Eastern District of New York stayed the rescission in A.C.R., et al. v. Noem, et al. and ordered USCIS to resume the earlier policy.¹

USCIS is complying with the order while publicly stating it “strongly disagrees with the erroneous actions of this district judge.” That means the agency is again automatically considering SIJ beneficiaries for deferred action and accepting renewal requests. It has also reserved the right to terminate prior grants on a case-by-case basis as a matter of discretion.¹ The program exists today, but its future depends on how the appeal plays out.

Who Qualifies

Two things have to be true. First, you need an approved Form I-360 classifying you as a special immigrant juvenile under 8 U.S.C. § 1101(a)(27)(J). That classification rests on juvenile court findings that you cannot be reunified with one or both parents because of abuse, neglect, or abandonment, and that returning to your home country is not in your best interest, along with DHS consent through USCIS’s review of the petition.²

Second, an immigrant visa must not be immediately available to you. SIJS falls under the employment-based fourth preference (EB-4), which is capped annually and by country of origin, and wait times for applicants from high-demand countries run into years.³ The Department of State’s monthly Visa Bulletin shows whether your priority date is current. If it isn’t, USCIS will automatically consider you for deferred action after approving your I-360.

You must file the I-360 before your 21st birthday.¹ Turning 21 after filing does not disqualify you. Federal law protects applicants who were children when they applied from being denied SIJ classification solely because of age, and the same applies where the juvenile court’s jurisdiction ended only due to aging out.⁴ Given the EB-4 backlog, many SIJ youth will pass 21 while waiting.

What Deferred Action Gives You

Deferred action is not lawful immigration status. It is a formal exercise of prosecutorial discretion telling you that the government does not intend to pursue removal against you for a set period. For SIJ youth, the grant runs four years.⁵ During that time you are considered lawfully present and can apply for employment authorization. Lawful presence is not the same as lawful status, and USCIS can terminate a grant at its discretion.

The practical payoff is stability while you wait for a visa number. When one becomes available, you can file Form I-485 to adjust to permanent resident status.

Applying for a Work Permit

Deferred action makes you eligible for a work permit, but you have to apply for one separately. File Form I-765 under category (c)(14).⁶ Include evidence of the deferred action grant, usually the Form I-797 Notice of Action confirming it.⁷

You’ll also need identity documents. A passport from your home country works, as does a birth certificate. Any document not in English needs a certified translation, and the translator must sign a statement of competence in both languages with their name, address, and the date.

Don’t Send Your Own Photos

Older instructions told applicants to include two passport-style photos. As of December 2025, USCIS no longer accepts self-submitted photographs. It uses only photos taken by USCIS or another authorized entity, typically at a biometrics appointment, and it may reuse a photo it collected within the past three years.⁸ Leave the photos out of your filing.

Filing Fee and Fee Waiver

The I-765 carries a filing fee. Check the current USCIS fee schedule on Form G-1055 for the amount, since fees were adjusted in January 2026.⁹ Most SIJS youth should request a fee waiver on Form I-912. The process is much simpler for SIJ petitioners than for other applicants: you do not need to provide proof of income, only a copy of your I-797 showing your approved SIJ classification.¹⁰ USCIS also treats SIJ fee waiver requestors as a household of one, not counting foster or group home members.¹¹

Where to File

Mail the I-765 to the USCIS lockbox facility listed for (c)(14) applicants in your state. USCIS publishes a filing locations chart, and the correct address changes periodically.¹² Verify the current address before mailing; the wrong one causes delays or rejection.

What Happens After You File

The lockbox will send you a receipt notice (Form I-797C) with a 13-character receipt number you can use to track your case online. The receipt itself grants no immigration benefit.¹³

Expect a biometric services appointment at a local Application Support Center for fingerprints, a photograph, and a signature. Processing times for the Employment Authorization Document run several months and vary; the USCIS processing times tool shows current estimates. Once approved, your EAD card comes in the mail.

Getting a Social Security Number

The easiest way to get an SSN is to request it directly on Form I-765 by completing the SSA section. If approved, the Social Security Administration mails your card separately, usually within about 14 days of receiving your EAD.¹⁴

If you didn’t check that box, you can apply in person at a Social Security office once your EAD arrives. Bring originals, not copies: your EAD (Form I-766) to prove work authorization, and your birth certificate or foreign passport to prove your age. Cards requested in person usually arrive within two to four weeks.¹⁴

Renewing Deferred Action

The grant lasts four years.⁵ If your priority date still isn’t current as the four years wind down, file Form G-325A to request renewal within six months of the expiration date. Don’t wait until after expiration.¹ You’ll also need to file a new I-765 to renew your work permit, since the EAD is tied to the deferred action period.

USCIS has said it reserves the right to terminate prior grants and revoke the related work authorization as a matter of discretion, even during a valid four-year period.¹ Terminations appear rare in practice, but the authority exists.

Travel Outside the U.S.

Leaving the country while your I-360 is pending, or while you hold deferred action but not yet a green card, is risky. Deferred action does not carry a right to reenter. If travel is unavoidable, you would need to apply for advance parole on Form I-131 before departing; leaving without it can result in denial of your pending case or an inability to return.

There’s a specific problem for SIJ youth: a core finding behind your classification is that returning to your home country is not in your best interest. Traveling there while your case is pending can undermine that finding. Once you have a green card, international travel is allowed, though absences of more than six months can raise questions about whether you have abandoned your U.S. residence.

Report Address Changes Within 10 Days

Federal law requires noncitizens to report any change of address to USCIS within 10 days of moving.¹⁵ The fastest method is updating it through a USCIS online account, which is instant and satisfies the legal requirement. You can also file a paper Form AR-11.¹⁶

This is one of those small rules that quietly breaks cases. A notice that your priority date is current, a biometrics appointment, or a request for evidence sent to an old address can all derail you. If you have a legal representative, make sure USCIS has their information through Form G-28 so they receive copies of correspondence too.¹⁷

1
U.S. Citizenship and Immigration Services. Special Immigrant Juveniles
2
Office of the Law Revision Counsel. 8 USC 1101 – Definitions
3
U.S. Citizenship and Immigration Services. Employment-Based Immigration: Fourth Preference EB-4
4
Office of the Law Revision Counsel. 8 USC 1232 – Enhancing Efforts to Combat the Trafficking of Children
5
U.S. Citizenship and Immigration Services. Special Immigrant Juvenile Classification and Deferred Action
6
U.S. Citizenship and Immigration Services. Employment Authorization
7
U.S. Citizenship and Immigration Services. Form I-797 Types and Functions
8
U.S. Citizenship and Immigration Services. Photograph Reuse for Identity Documents – Policy Alert
9
U.S. Citizenship and Immigration Services. Form G-1055 – Fee Schedule
10
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1 Part B Chapter 4 – Fee Waivers and Fee Exemptions
11
U.S. Citizenship and Immigration Services. Instructions for Request for Fee Waiver
12
U.S. Citizenship and Immigration Services. Direct Filing Addresses for Form I-765, Application for Employment Authorization
13
U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action
14
Social Security Administration. Apply For Your Social Security Number While Applying For Your Work Permit and/or Lawful Permanent Residency
15
U.S. Citizenship and Immigration Services. How to Change Your Address
16
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1 Part A Chapter 10 – Changes of Address
17
U.S. Citizenship and Immigration Services. Filing Your Form G-28