US Visa Crackdown Puts Indian H1-B Children at Risk of Self-Deportation
In the midst of President Donald Trump’s strict immigration policies, more than one lakh children of Indian H1-B visa holders in the United States are facing the threat of self-deportation. These individuals, who came to America with their NRI parents on dependent visas, are at risk of losing their legal status as soon as they turn 21.
Previously, US immigration regulations allowed these children a two-year period to transition to a new visa status after reaching the age of 21. However, recent changes in rules under the Trump administration and court rulings have raised concerns about the continuity of this provision.
According to data from March 2023, there are approximately 1.34 lakh Indian children in the US who are expected to age out of dependent visa status before their families secure green cards. These children are part of the H-4 visa program for dependents of H-1B visa holders, which expires when they reach 21.
DACA Ruling
A recent court decision deemed the Deferred Action for Childhood Arrivals (DACA) policy, which offers temporary protection from deportation to undocumented immigrants, including dependent children, as unlawful. This ruling has created uncertainty about the future of Indian youth affected by this decision, especially considering the lengthy wait times for their parents’ green card applications.
Green Card Backlog
Adding to the dilemma is the extensive backlog for green cards, particularly in the employment-based categories (EB-2 and EB-3) where 10.7 lakh Indians are currently stuck. The processing time for these applications is estimated to be 134 years, further complicating the situation for dependent children hoping to obtain permanent residency.
Without the protection of DACA, these children fear they may have to leave the US before they achieve residency status. The uncertainty surrounding their legal status has left many in a state of limbo, unsure of their future prospects in America.
One Texas-based student shared their concerns, stating, “Our waiting period is 23 years, and I am turning 21 this October. What am I supposed to do after that? The changes in immigration policies have created confusion and uncertainty for us.”
It is clear that the ongoing immigration crackdown in the US is having a significant impact on Indian families and their children, highlighting the need for comprehensive immigration reform to address these pressing issues.
