USCIS Ends SIJS-Based Deferred Action on May 10, 2026: What Pennsylvania, New Jersey, and New York Families Must Know
On April 10, 2026, U.S. Citizenship and Immigration Services issued Policy Memorandum PM-602-0198, formally ending the agency’s practice of automatically considering deferred action for children who have been granted Special Immigrant Juvenile Status but cannot yet apply for a green card because their visa category is backlogged. The change takes effect May 10, 2026. For immigrant children and the families caring for them across Pennsylvania, New Jersey, and New York, the window to act is short, and missing it could mean removal from the United States.
What SIJS Is, and Why Deferred Action Has Mattered
Special Immigrant Juvenile Status is a humanitarian immigration classification created by Congress for children who have been abused, abandoned, or neglected by one or both parents, and for whom a state court has found that reunification with that parent is not viable. After a state juvenile or family court issues the required predicate order, the child can file a Form I-360 with USCIS asking to be classified as an SIJ. An approved I-360 eventually puts the child on the path to lawful permanent residence, but because Congress has capped the number of SIJ-based green cards available each year, many approved children spend years waiting for their priority date to become current in the Visa Bulletin’s EB-4 category.
During that wait, these children are technically without lawful immigration status. Since 2022, USCIS has softened that reality by automatically considering deferred action for approved SIJ beneficiaries who could not yet adjust status due to visa unavailability. Deferred action has provided a form of prosecutorial grace, allowing the child to remain in the United States without the constant threat of a Notice to Appear, and in most cases, to apply for employment authorization. For a teenager aging out of the foster system, working toward high school graduation, or saving for college, that stability has been life-changing.
What Changes on May 10, 2026
Under PM-602-0198, USCIS will no longer automatically consider deferred action for SIJ beneficiaries who cannot yet adjust status. Instead, those individuals will need to affirmatively request deferred action, typically through a Form G-325A or a written statement, and USCIS will evaluate each case on its own merits without treating SIJS approval as a particularly strong positive factor. The policy also narrows renewal requests, which means children who already hold deferred action may face tougher scrutiny when their current grant expires.
The memorandum includes a 30-day notice period. Any I-360 petition that reaches USCIS on or before the effective date will still be evaluated under the prior, more favorable framework. Because May 10, 2026 falls on a Sunday, petitions should physically arrive at USCIS no later than Friday, May 8, 2026. For families with a child who is SIJS-eligible but has not yet filed, that gives our region only a handful of weeks.
Why This Hits the Lehigh Valley Especially Hard
Pennsylvania, New Jersey, and New York have sizeable populations of children who qualify for SIJS through dependency or custody orders issued in Orphans’ Courts, Family Courts, and county juvenile divisions. Counties like Lehigh, Northampton, Berks, and Monroe have seen a steady rise in SIJS filings, often tied to unaccompanied minors who arrived in recent migration surges and now live with relatives or in long-term foster placements. New Jersey’s Family Part and New York’s Family Courts continue to issue some of the highest volumes of SIJS predicate orders in the country.
For these children, the new USCIS policy creates two urgent risks. First, an I-360 petition filed after May 10, 2026 will not carry the same automatic deferred action cushion, which means approval may no longer meaningfully reduce the risk of a future referral to Immigration and Customs Enforcement. Second, a denied deferred action request can itself trigger a Notice to Appear, placing an already vulnerable child directly into removal proceedings.
What Families, Guardians, and Advocates Should Do Now
If you are a parent, guardian, foster parent, or relative caring for a child who may qualify for SIJS, the most important step right now is to confirm whether that child already has a predicate state court order. If not, the process of obtaining that order should begin immediately, because without it no I-360 can be filed, and the May 8 filing window will close quickly. If the child already has an approved I-360 and is waiting for a visa number, review their current deferred action status and determine whether a renewal should be filed before the effective date to preserve stronger protections.
School counselors, social workers, and county child welfare offices across the Lehigh Valley should also be alert to youth in their care who may qualify. Because SIJS predicate orders often require coordination between the child’s caregivers, a juvenile attorney, and an immigration attorney, starting late is rarely an option. Our firm works with families and advocates throughout eastern Pennsylvania, northern New Jersey, and the New York metro area to complete both sides of this process under tight deadlines.
Talk to an Immigration Attorney Before the Deadline
If you believe a child in your life could be affected by this policy change, do not wait. The rules that applied last month are not the rules that will apply after May 10, 2026, and the stakes for SIJ beneficiaries across our region are serious. Lehigh Valley Immigration Law LLC represents children, families, and guardians at every phase of the SIJS process, from state court predicate orders to I-360 petitions, adjustment of status, and deferred action requests. Visit our contact page to schedule a consultation while the window is still open.
Legal Disclaimer
This post is for general informational purposes only and does not constitute legal advice. Reading or interacting with this content does not create an attorney-client relationship with Lehigh Valley Immigration Law LLC. Every immigration case turns on its own facts, and you should speak with a licensed immigration attorney before making decisions based on this information.