If you’ve received Special Immigrant Juvenile Status (SIJS) approval for yourself or a child in your care, you might believe the hardest part is over. Unfortunately, immigrants with SIJS can be deported even after approval.
This guide explains what happens after SIJS approval, the current deportation risks for SIJS recipients and the steps you must take to secure permanent protection. We’ll also cover why timing matters and how an Illinois immigration attorney can help.
Need support with your immigration case? Contact Gillespie Law Group, LLC to discuss your specific situation.
Can You Be Deported With SIJS Approved?
Does SIJS protect from deportation? It’s important to note that people with SIJS can be deported. Approval alone does not grant legal immigration status or automatic protection from removal.
The reality is that you can still be deported if your SIJS is approved. SIJS approval only establishes eligibility to apply for lawful permanent residence. You must still file additional applications and secure actual permanent residence to be fully protected. It is an important step to take, but it is not the final step.
Since June 2025, the situation has become more urgent. The U.S. Citizenship and Immigration Services (USCIS) no longer grants deferred action to SIJS recipients, which means there’s no automatic protection while waiting for a green card to become available.
Understanding What SIJS Approval Really Means
SIJS isn’t a form of legal status. SIJS approval acknowledges that a juvenile court has made specific findings about the young person’s situation, typically involving abuse, neglect or abandonment by one or both parents. These findings establish eligibility to apply for a green card, but they don’t provide immediate immigration benefits.
What SIJS approval does do is open the pathway to permanent residence. Once approved, the next essential step is filing Form I-485 when a visa becomes available. Without taking this next step, you remain vulnerable to removal.
Deferred Action for SIJS Was Terminated in 2025
SIJS applicants used to be safe from deportation through a policy called deferred action. When USCIS approved an SIJS petition but you couldn’t immediately file for a green card due to visa backlogs, you would receive temporary protection from removal.
That policy was terminated in June 2025. USCIS no longer grants new deferred action, existing grants will not be renewed when they expire and SIJS recipients without green cards are now exposed to potential removal proceedings. Without deferred action, approved SIJS recipients are in a legal gray area.
Can SIJS Still Be Used as a Defense in Removal Proceedings?
If you’re already in removal proceedings, SIJS approval can strengthen your case, but it doesn’t automatically stop deportation. An experienced immigration attorney may be able to request termination of removal proceedings based on SIJS approval, seek administrative closure while waiting for visa availability, and file a motion for a stay of removal or present SIJS approval as evidence of eligibility for relief.
The key is acting quickly. If Immigration and Customs Enforcement (ICE) has initiated removal proceedings, time becomes critical. SIJS approval demonstrates that you have a valid path to lawful permanent residence, which immigration judges may consider when deciding whether to grant relief.
Can You Work Legally With SIJS Approval?
The termination of deferred action has complicated the employment picture for SIJS recipients. Previously, those who received deferred action could apply for an Employment Authorization Document (EAD), allowing them to work legally while waiting for their green card.
After June 2025, SIJS approval alone doesn’t provide work authorization. However, you can still apply for an EAD if you qualify under another category, such as:
- Having filed Form I-485
- Qualifying for asylum-based work authorization
- Having another independent basis for employment authorization
Once a visa number becomes available and you file I-485, you can apply for work authorization while that green card application is pending. For those who had deferred action but didn’t yet apply for an EAD, speak with an immigration attorney immediately. There may be limited time to file under existing grants before they expire.
The Risk Gap Between SIJS Approval and Green Card
There’s a difference between SIJS approval and getting a green card. SIJS approval is step one. Receiving a green card — lawful permanent residence — is the finish line (unless you are also continuing on to applying for citizenship). The space between these two milestones is where risk still exists.
Due to annual visa caps, many SIJS recipients face significant wait times before they can file their I-485 application. The wait depends on your country of birth, current visa bulletin availability and USCIS processing times. During this waiting period, SIJS can be deported. ICE can detain someone with SIJS.
Legal support during this stage is crucial. An attorney can monitor visa availability, prepare the I-485 application in advance, file immediately when eligible and respond quickly if removal proceedings are initiated.
From SIJS to Green Card: The Next Legal Step
How long after SIJS can you get a green card? The timeline depends on visa availability and your country of birth. Here’s what the path involves:
- Step 1: Monitor the Visa Bulletin. The U.S. Department of State publishes a monthly bulletin showing when visa numbers are available for different categories and countries.
- Step 2: File Form I-485. Once a visa is available, file your adjustment of status application immediately. This is the actual green card application.
- Step 3: Attend Biometrics and Interview. USCIS will schedule appointments to collect fingerprints and possibly conduct an interview.
- Step 4: Navigate Immigration Court. If removal proceedings are pending, coordinate with your attorney to ensure they’re properly closed or continued.
- Step 5: Explore Alternatives if Removal Becomes a Risk. Your attorney may suggest protective measures like seeking prosecutorial discretion or filing motions to reopen closed cases.
Special Juvenile Immigration Status can lead to citizenship. Once you receive a green card, you have lawful permanent residence. After five years of permanent residence (or three years if you marry a U.S. citizen), you may be eligible to apply for citizenship.
Why Timing Matters in SIJS Cases
Timing can make or break an SIJS case. Several deadlines and age cutoffs create urgency.
SIJS is generally available to unmarried individuals under 21, though state dependency law may have different age cutoffs. Once you turn 21, SIJS may no longer be an option. Even after filing, approval can take many months due to USCIS processing backlogs, and delays in any step can result in aging out.
Filing I-485 quickly after SIJS approval is critical. If visa backlogs develop or policies change, delays can leave you vulnerable. The June 2025 termination of deferred action demonstrates how quickly immigration policies can shift.
Why You Need a Lawyer for Special Immigrant Juvenile Status in Illinois
Navigating SIJS in Illinois requires both juvenile court experience and immigration law expertise. A lawyer for Special Immigrant Juvenile Status can:
- Obtain the necessary juvenile court findings in Illinois courts.
- Prepare and file the SIJS petition with USCIS.
- Monitor visa availability and file I-485 immediately when possible.
- Respond to removal proceedings or ICE detention.
- Coordinate between state juvenile court and federal immigration proceedings.
- Explain how Illinois-specific dependency law affects your case.
At Gillespie Law Group, LLC, we understand both the legal complexities and the emotional weight these cases carry. We know Illinois courts, we know USCIS procedures and we know how to protect you during the vulnerable gap between SIJS approval and receiving a green card.
Let us help you navigate this process. Contact us today to discuss your situation and take the next steps toward securing permanent protection.