SIJ – December 2022 – No Movement

The visa bulletin for December of 2022 has been posted. Unfortunately, there is no movement for the SIJ category, which is listed under the employment-based fourth preference, for applicants from El Salvador, Guatemala, and Honduras.

In December of 2022, the date for final action for employment-based fourth preference is March 15, 2018, which is the same exact date as listed in the October of 2022 visa bulletin.

I think USCIS recognizes this problem and has taken steps to address the potential wait time. Indeed, USCIS has done at least 2 things to make the wait more bearable.

First, in March of 2022, USCIS published a final rule in the Federal Register, which allowed an applicant with an approved Form I-360 (the applicant must still be under 21 years of age at the time of filing, single and unmarried when they apply for the Form I-360 and until the Form I-360 is adjudicated) to get married prior to applying for adjustment of status as their SIJ classification will no longer be revoked upon marriage. This is great news as some of our clients already live together with their partners and have one or more children together.

Second, in May of 2022, USCIS will consider deferred action and related employment authorization for applicants who have an approved Form I-360 SIJ. This is also great news as most SIJ applicants do not have a means to obtain employment authorization without having to apply for asylum. This would save them an additional step especially when the asylum application could be challenging, which is a whole another story in of itself.