USCIS issued a policy memorandum (PM-602-0198) to eliminate automatic consideration of deferred action for Special Immigrant Juveniles who cannot apply for adjustment of status because no immigrant visa is available. The policy will apply to requests filed on or after 30 days from the memo’s publication.
USCIS claims it has made an effort to identify any serious reliance interests of the parties affected by this change in policy and has determined that the government interests in rescinding the 2022 policy outweigh any such reliance interests inuring to the affected parties.
Nevertheless, the beneficiary of SIJ could still request for a deferred action based on individual merits.
Background
USCIS had a backlog of approved Special Immigrant Juvenile (SIJ) petitions that could not apply for adjustment of status to lawful permanent residence. In response, USCIS announced a deferred-action policy for individuals with approved SIJ classification. On June 6, 2025, USCIS rescinded the 2022 SIJ automatic consideration of deferred action policy.
On November 19, 2025, a district judge issued a stay of USCIS’s June rescission of the policy to categorically consider deferred action for SIJs with an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, when an immigrant visa number is not immediately available. See A.C.R., et al., v. Noem, et al., 1:25-cv-03962-EK-TAM (E.D.N.Y.). Then USCIS automatically considered SIJ beneficiaries for deferred action, and accepting requests for renewal of deferred action within six months of expiration on Form G-325A.
Note: This news update should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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