Special Immigrant Juvenile Status (SIJS) is a pathway designed to protect noncitizen minors who have been abused, neglected, or abandoned. By granting SIJS, the U.S. government provides legal relief to young individuals who may otherwise face deportation.
However, obtaining legal status—and, in turn, a work permit—can be a lengthy process. Normally, work authorization is only granted once an individual secures lawful permanent residency (a green card). Unfortunately, significant visa backlogs, caused by high demand and limited availability, can delay this process, often extending the wait for years.
Deferred Action for SIJS Applicants
To address the gap between SIJS approval and work authorization, U.S. Citizenship and Immigration Services (USCIS) implemented an important policy change in 2022. They now offer deferred action to SIJS applicants who are waiting for visas to become available.
Deferred action is a discretionary form of relief that temporarily halts removal proceedings against a noncitizen. It does not provide lawful status or guarantee permanent residency, but it offers protection from deportation for a designated period and allows SIJS recipients to apply for an SIJS work permit.
USCIS considers deferred action on a case-by-case basis, meaning that it is not automatically granted to every SIJ recipient. Instead, USCIS will review each applicant’s circumstances to determine whether they qualify for a favorable exercise of discretion.
Applying for an SIJS Work Permit
If you have been granted deferred action, the next step is to apply for your SIJS work permit. This process involves filling out Form I-765, the official application for employment authorization. Here is what you need to do:
Gather Supporting Documents
- Proof of your SIJS approval.
- The notice of deferred action.
- A copy of a government-issued identification document.
Complete the Application
Fill out Form I-765 accurately.
Pay the Filing Fee
Be aware that there is a filing fee, although fee waivers are available if you qualify.
Application Tips
- Ensure all documentation is complete and accurate.
- Double-check for errors on the form before submitting.
- Follow up on your application status regularly to ensure timely processing.
After submission, USCIS will process your application. If your application is approved and all documentation is in order, USCIS will issue your Employment Authorization Document (EAD). This card will specify the validity period of your work authorization, allowing you to seek employment in the U.S.
Odunlami Law Can Help in Your Journey Toward Work Authorization – Contact Us
The recent policy change allowing deferred action for SIJS recipients is a significant development for those seeking work authorization while awaiting their green card. For many young people, being able to work legally provides financial independence and a sense of stability during a difficult transitional period. It empowers them to take charge of their lives, even amidst the uncertainties of the immigration process.
If you or someone you know is seeking work authorization as part of the Special Immigrant Juvenile Status (SIJS) adjustment of status program, Odunlami Law can help. Our knowledgeable attorneys bring a deep understanding of immigration law and are well-equipped to guide you through the steps involved in obtaining employment authorization through deferred action.
If you have questions about your eligibility or need assistance with your application, please contact our office to schedule a consultation with our qualified SIJS attorneys.
