Non-citizen children in the U.S. with Special Immigrant Juvenile (SIJ) status who haven't been assigned a visa number to become a lawful permanent resident may soon be eligible for deferred action protection.
The U.S. Citizenship and Immigration Services (USCIS) announced it is updating its Policy Manual to allow deferred action to be considered "to protect noncitizens with SIJ classification who cannot apply for adjustment of status solely because they are waiting for a visa number to become available," USCIS states in the March 7 announcement. Non-citizen minors involved in state court proceedings related to charges of abuse are eligible for SIJ classification.
"This process furthers congressional intent to provide humanitarian protection for abused, neglected, or abandoned noncitizen children for whom a juvenile court has determined that it is in their best interest to remain in the United States," USCIS states in the announcement.
Deferred action will be considered on a case-by-case basis, USCIS states, and be grated if the SIJ "warrants a favorable exercise of discretion," USCIS states. The department will automatically conduct deferred-action determinations for SIJs who have not been assigned a visa number; individual requests for deferred action will not be accepted, USCIS states.
"SIJs who have moved since their Form I-360 was approved should update their address with USCIS as soon as possible to ensure that they receive correspondence related to deferred action," USCIS states in the announcement.
Deferred action will be granted for four years; SIJs granted deferred actions are eligible to apply for employment authorization during that time, USCIS reports.
The USCIS policy manual will be updated effective May 6 and applies to eligible non-citizens classified as SIJs based on their approved Form I-360.