U.S. Citizenship and Immigration Services has announced that they are updating their policy manual to allow deferred action and related employment authorization for noncitizens who have an approved form I-360 for special immigrant juvenile (SIJ) classification, but who cannot apply to adjust status to become a lawful permanent resident (LPR) because a visa number is not available. Deferred action is an act of prosecutorial discretion that defers proceedings to remove a noncitizen from the United States for a certain period. Deferred action does not provide lawful status. The SIJ classification is available to noncitizen children subject to state juvenile court proceedings related to abuse, neglect, abandonment, or a similar basis under state law. SIJ classification does not confer lawful status and does not result in eligibility to apply for employment authorization. If USCIS grants deferred action, it will be for a period of four years. An SIJ who has been granted deferred action will be able to apply for employment authorization for their period of deferred action by filing Form I-765, Application for Employment Authorization, and indicating eligibility category (c)(14).
