When a young person with SIJS can apply for a green card, and working while waiting

Getting SIJS approved took courage. The green card is the next step, and for many young people it comes with a long wait. The wait is not your fault, and it does not mean you did something wrong. It is a numbers line. This page shows you where you stand in it.

This page covers green card timing and work permits after SIJS. It is general information, not legal advice. For eligibility, see What is SIJS and can my child qualify?

Why can't I get my green card right away?

SIJS green cards come from a limited pool of visas called EB-4 (employment based fourth preference, "certain special immigrants"). A visa number must be available when you file your green card application and again when USCIS decides it (USCIS, SIJ green card page). Many more people want EB-4 visas than there are each year, so there is a line.

Your place in line is your priority date: the date USCIS received your I-360.

How do I read the Visa Bulletin?

Each month the State Department posts a Visa Bulletin with two charts (October 2026 Visa Bulletin):

• Chart A, Final Action Dates. If your priority date is earlier than this date, a visa is available and USCIS can approve your green card.
• Chart B, Dates for Filing. If USCIS allows it that month, you can file your I-485 if your priority date is earlier than this date, even before a visa is available. You then wait for Chart A to reach you.

USCIS uses Chart A by default. Each month it says on its website whether employment based applicants may use Chart B (Visa Bulletin note).

October 2026, EB-4, every country listed (Mexico, the Philippines, India, China and all others):

The November 2026 bulletin had not been posted as of October 21, 2026. Dates can move forward, stay still or move back.

Can I apply now?

If your priority date is before December 15, 2022: a visa is available this month. You can file your I-485, and USCIS can decide it. Talk to your lawyer about filing now.

What does October 2026 mean for me?

If your priority date is from December 15, 2022 through December 31, 2024: the Immigrant Legal Resource Center reports that USCIS is allowing SIJS youth to file under Chart B during October 2026 (ILRC, October 16, 2026). USCIS posts which chart applies each month. Ask your lawyer to check USCIS's filing chart page before you file.

If USCIS allows it, you could file your I-485 by October 31, 2026. USCIS still cannot approve it until Chart A passes your priority date. ILRC expects that could take years. ILRC also warns that USCIS may not allow Chart B in November.

If your priority date is January 1, 2025 or later: you cannot file yet. Keep checking each month.

Should I file as soon as I can?

It depends on your case. Filing early has real benefits and real risks. Make this choice with a lawyer or DOJ accredited representative, not alone.

Possible benefits (ILRC):

• You can file for a work permit with your I-485.
• A pending green card case may help your situation if you are stopped, depending on the facts.

Possible risks (ILRC):

• Filing triggers fingerprints and background checks, which can surface arrests or charges.
• USCIS may look back at your SIJS approval and could try to revoke it.
• If USCIS denies the application and you have no other status, you could be sent to immigration court. USCIS policy since February 2025 is to issue court notices after many denials (USCIS PM-602-0187).
• ILRC says USCIS officers can now deny an incomplete application without first asking for more evidence. File complete.

What are the special rules for SIJS green cards?

SIJS youth get some big breaks (8 USC 1255(h)):

• You are treated as paroled for the green card, even if you entered without inspection.
• These bars do not apply: public charge, labor certification, entry without inspection, certain misrepresentation, lack of documents, stowaway, and the 3 and 10 year unlawful presence bars.
• Other bars can be waived for humanitarian reasons, family unity or the public interest, except most criminal and security grounds. One exception: a single offense of simple possession of 30 grams or less of marijuana can be waived.
• Past work without permission and being out of status do not block you the way they block most applicants (8 USC 1255(c)(2)).

Public charge does not apply to SIJS green card applicants (USCIS public charge guidance). Using Medi-Cal or CalFresh does not count against you here.

What does it cost?

SIJS youth are exempt from USCIS fees for the green card application (I-485), the work permit (I-765), travel permission (I-131), a waiver (I-601) and some appeals and motions (8 CFR 106.3(b)(1)).

You still need a medical exam on Form I-693 from a USCIS approved doctor, called a civil surgeon. USCIS charges no fee for the form, but the doctor charges for the exam and any vaccines. Ask the price first. Bring your vaccine records.

The $250 SIJS fee is paid with the I-360, not the I-485 (91 FR 62540).

Can I work while I wait?

After you file the I-485: you can file Form I-765 under category (c)(9) with your green card application or after (USCIS I-765 page). SIJS youth pay no fee for it (8 CFR 106.3(b)(1)(v)). These cards are issued for up to 18 months (USCIS Policy Manual, Vol. 10, Part A, Ch. 4). Automatic extensions on renewal ended for renewals filed on or after October 30, 2025, so renew early.

Before you can file the I-485: USCIS used to consider SIJS youth waiting for a visa for deferred action, which came with a (c)(14) work permit. USCIS ended that on June 6, 2025. A federal court in New York paused the change and, on January 14, 2026, ordered USCIS to follow its 2022 policy while the case goes on. As of October 21, 2026, the case (A.C.R. v. Noem) is on hold for an appeal and still open (court docket). ILRC says there is currently no way to renew SIJS deferred action work permits. Ask your lawyer what applies to you.

More on work permits: Work permits (EAD): the complete guide.

What if I am in immigration court?

USCIS handles most green card applications, unless an immigration judge has jurisdiction over yours (8 CFR 245.2(a)(1)). If you have a court case, your lawyer will tell the judge about your SIJS approval and where to file. ILRC reports that many judges are not pausing cases to wait for visas. Never miss a hearing (8 USC 1229a(b)(5)).

Can I travel while my green card is pending?

Do not leave the U.S. with a pending I-485 unless you have advance parole first. Leaving without it is treated as abandoning your application (8 CFR 245.2(a)(4)(ii)). The I-131 is fee exempt for SIJS youth. Talk to a lawyer before any trip.

What happens after I get my green card?

• You are a lawful permanent resident. Keep your card valid and your address updated.
• You can generally apply for citizenship after 5 years. See Citizenship: the complete guide.
• You can never use SIJS to help either parent get papers, even later as a citizen (8 CFR 204.11(i)).

Who can help?

These programs are free or low cost. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. SIJS, for low income residents of San Mateo and Santa Clara counties (CLSEPA).
• Legal Aid Society of San Mateo County, LIBRE: 650-517-8936 (LIBRE).
• Bay Area Legal Aid: 1-800-551-5554, all languages (BayLegal).
• Immigration Institute of the Bay Area: free first consultation by appointment, (650) 587-1558.
• Anywhere in the U.S.: ILRC's October 2026 explainer links to its legal help finder (ILRC). Bay Area list: Free or low cost immigration legal help in the Bay Area.

Questions people ask

Where do I find my priority date? On your I-360 receipt notice or approval notice. It is the date USCIS received your I-360.

My SIJS was approved in 2024 but I filed the I-360 in 2023. Which date counts? The filing (receipt) date, not the approval date.

Is the wait the same for every country? In October 2026, EB-4 dates are the same for every country listed in the bulletin.

Can my guardian end the guardianship now that SIJS is approved? Ask your lawyer first. If a court later sends you back to the parent it found unsafe, or decides you should return to your home country, your SIJS approval is automatically revoked, as long as your green card is not final yet (8 CFR 204.11(j)(1)).

Will I have an interview? Maybe. Bring every original document and your lawyer.

Can I marry after SIJS is approved? You must be unmarried until USCIS decides the I-360 (8 CFR 204.11(b)). Marriage is not on the list of things that automatically revoke an approval, but talk to your lawyer before you marry while your green card is pending.

Is there a checklist I can print?

You are closer than you were. Keep your papers together, check the bulletin every month, and keep your lawyer close.