Deferred-action consideration introduced for visa-blocked SIJs

Policy effect

From May 6, 2022, USCIS automatically considered deferred action for eligible noncitizens with approved Special Immigrant Juvenile classification who could not apply to adjust status solely because an immigrant visa number was unavailable. The policy applied whether SIJ classification was approved before, on or after that date. No separate deferred-action request was required or accepted. Grants remained discretionary and case by case, for four years; recipients could separately apply for employment authorization using Form I-765 in category (c)(14). SIJ classification itself did not confer lawful status.

Conditions and exceptions

Validated condition or limit: From May 6, 2022, USCIS automatically considered deferred action for eligible noncitizens with approved Special Immigrant Juvenile classification who could not apply to adjust status solely because an immigrant visa number was unavailable.; The policy applied whether SIJ classification was approved before, on or after that date.; No separate deferred-action request was required or accepted.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 March 7, 2022 PA-2022-10 Policy Alert SUBJECT: Special Immigrant Juvenile Classification and Deferred Action Purpose U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to consider deferred action (and related employment authorization) for noncitizens classified as Special Immigrant Juveniles (SIJs) who are ineligible to apply for adjustment of status to lawful permanent resident (LPR) status solely due to visa unavailability. Background The SIJ classification is avail … 245(a), (h). See 8 CFR 245.2(a)(2)(i)(A). 3 See INA 101(a)(27)(J). PA-2022-10: Special Immigrant Juvenile Classification and Deferred Action Page: 2 This update, contained in Volume 6 of the Policy Manual, is effective May 6, 2022 and applies to eligible noncitizens classified as SIJs before, on, or after that date based on an approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). This guidance is controlling and supersedes any prior guidance on the topic. Policy Highlights • Provides that USCIS automatically conduct deferred action determinations for noncitizens with … SIJ classification who cannot apply for adjustment of status solely because an immigrant visa number is not immediately available. Noncitizens with SIJ classification are not required to submit a separate request for deferred action, and a separate request will not be accepted. • Explains that USCIS considers deferred action on a case-by-case basis to determine whether the noncitizen with SIJ classification warrants a favorable exercise of discretion. • Provides that a grant of deferred action to a noncitizen with SIJ classification is for a period of 4 years. • Explains that a noncitizen with …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2022

• 2022-01-28DHS and DOL add 20,000 H-2B visas for first half of FY2022
• 2022-01-30New I-94 spouse codes provide proof of work authorization
• 2022-02-01Eligible evacuated Afghans may reuse overseas medical examinations
• 2022-02-07Longer work-document validity for specified protection and parole categories
• 2022-02-07Restoration of the 30-day processing provision for initial asylum employment authorization
• 2022-02-10Divorce does not end VAWA stepfamily eligibility
• 2022-03-11Mandatory Frivolous Asylum Adjudication Requirements (Matter of M-M-A-)
• 2022-03-15EB-5 Reform and Integrity Act of 2022 (Statutory Regional Center Program Reauthorization)
• 2022-03-28Citizenship-certificate applicants generally provide photos at appointments
• 2022-04-07USCIS Policy Manual Guidance on Interview Waiver Criteria for Family-Based Conditional Permanent Residents (Form I-751)
• 2022-04-19DHS designates Ukraine for Temporary Protected Status
• 2022-04-25Implementation of the Uniting for Ukraine Parole Process
• 2022-05-04DHS temporarily increases automatic EAD extension period to 540 days
• 2022-05-20DHS designates Afghanistan for Temporary Protected Status
• 2022-05-31DHS and DOJ issue asylum officer processing interim final rule
• 2022-07-20Policy Manual Guidance on Afghan and Iraqi Special Immigrant Visas Adjudication Transition
• 2022-07-25Permanent Adoption of Reproduced Signature Flexibilities
• 2022-08-02Uncharacterized military discharges treated as honorable for military naturalization
• 2022-08-30Policy Guidance on Special Immigrant and Nonimmigrant Religious Workers (R-1)
• 2022-08-31Codification of policy allowing issuance of diplomatic nonimmigrant visas in the United States to children born in the U.S.
• 2022-09-01Resumption of Cuban Family Reunification Parole (CFRP) Operations
• 2022-09-29Extension of Temporary Waiver of Form I-693 60-Day Rule for Civil Surgeon Signatures
• 2022-10-01President sets FY2023 refugee admissions ceiling at 125,000
• 2022-12-12Naturalization receipts extend green-card evidence for 24 months
• 2022-12-15DHS and DOL add 64,716 H-2B visas for FY2023
• 2022-12-23DHS finalizes public charge inadmissibility rule