Urgent Deadline: Navigating the End of Automatic SIJS Deferred Action and Protecting Your Status

This post focuses on the current USCIS rules for Special Immigrant Juvenile (SIJ) deferred action. If you already have an approved SIJ-based Form I-360 and are waiting for a visa number to become available, the key date is May 10, 2026.

SIJ classification can be a life-changing form of protection for children who have been abused, neglected, or abandoned by one or both parents. But SIJ classification alone is not a green card. Because SIJ adjustment falls in the EB-4 category, many approved SIJ beneficiaries must wait for visa availability before filing or finishing Form I-485.

What USCIS Changed

USCIS announced the original SIJ deferred action policy on March 7, 2022, and the policy became effective May 6, 2022. Under that policy, USCIS automatically considered deferred action for certain SIJ beneficiaries with approved Form I-360 petitions who could not adjust status only because an immigrant visa was unavailable. If granted, deferred action was generally issued for four years and could support employment authorization.

USCIS later rescinded that 2022 policy on June 6, 2025, but the agency's own SIJ page now explains that:

• On November 19, 2025, the U.S. District Court for the Eastern District of New York stayed the June 2025 rescission in A.C.R. v. Noem.
• After that stay, USCIS resumed automatic SIJ deferred action consideration and accepted renewal requests on Form G-325A within six months of expiration.
• On April 10, 2026, USCIS announced a new rescission that takes effect on May 10, 2026.

Who Is Affected on May 10, 2026

USCIS currently states that the May 10, 2026 change works as follows:

• SIJ-based Forms I-360 filed on or after May 10, 2026: USCIS will no longer automatically conduct deferred action determinations when visa unavailability is the only obstacle to adjustment.
• People who already have SIJ deferred action: USCIS says they will generally keep their current deferred action, and any related work authorization, until the current validity period ends.
• People seeking a new period of deferred action: USCIS says that if Form G-325A is submitted before May 10, 2026, the request will be considered under the 2022 policy.

USCIS also states that deferred action remains discretionary and may be terminated through a Notice to Appear or Notice of Termination, with related employment authorization revoked before the original end date.

Why the Deadline Matters

The most time-sensitive issue is not a brand-new deferred action request from scratch. It is the renewal window for people who already have SIJ-based deferred action and want a new period before the May 10, 2026 rule change takes effect.

If your case falls into that category, missing the deadline can materially change the posture of the case because USCIS says post-May 10 filings will no longer receive the same automatic-treatment framework.

What an Approved I-360 Still Does

An approved SIJ-based Form I-360 remains a major legal asset even after the deferred action policy changes. It confirms that USCIS has already granted SIJ classification. But it does not guarantee protection from removal by itself, and it does not by itself create current eligibility for adjustment if the visa bulletin is not current.

That distinction matters in court:

• If visa availability and jurisdiction line up, counsel may seek termination so USCIS can adjudicate adjustment.
• If a visa is not yet available, continuances or status-docket management may be the more realistic near-term strategy.
• If DHS issues an NTA or seeks to move the case forward, the approved I-360 should still be central to the defense presentation.

Practical Steps to Review Now

• Check the expiration date on any current SIJ-based deferred action and related employment authorization.
• Confirm whether the case is within USCIS's stated renewal window for Form G-325A.
• Review the current visa-bulletin posture before assuming adjustment can be filed now.
• Watch closely for any NTA, termination notice, biometrics notice, or request from USCIS tied to deferred action or work authorization.
• Do not assume an approved SIJ petition alone prevents removal proceedings from continuing.

Conclusion

The immediate issue is straightforward: May 10, 2026 is the USCIS cutoff for the current SIJ deferred action framework. For existing recipients, the priority is reviewing whether a timely Form G-325A request should be filed before that date. For everyone else, the case strategy should be built around the approved I-360, visa availability, and the respondent's removal posture rather than around assumptions of automatic deferred action.

Call to action: If you have an approved SIJ petition and need to evaluate deferred action renewal or removal-defense strategy before May 10, 2026, contact New Horizons Legal.

Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship.