Thousands of Indians in the United States, who migrated as minors under the H -4 visa, now face an uncertain future because they arrive at the age of 21. Under the current immigration laws in the US, they will no longer qualify as dependents of their H1-B visa-holder parents.
Say it simply, if the H -1B visa holder fails to get a green card before his child turns 21, then one has to face the landscape of leaving the country.
Many are now searching for other options, including immigration in countries such as Canada or UK, which have more flexible policies. The large-scale backlog in the American employment-based green card system unevenly affect Indian migrants.
The US Citizenship and Immigration Services (USCIS) recently announced the registration period for the H-1B visa for the financial year 2026. The process opens on 7 March and lasts till 24 March.
Dip Patel, Founder and President Improve dreamA grassroots organization that supports and advocates for young migrants that grew up as children of prolonged visa holders in the United States, but face aging out of the immigration system, talk to NDTV about the difficulties faced by such individuals and its related issues. There are some excerpts here.
Reports show that some dependents of people with H -1B visas are in danger of ‘self -exploration’. What is ‘self -exile’ and what needs to be careful?
Aging out when a child dependent on a visa holder turns 21 years old before getting a green card to his parents. By “aging”, they stop being classified as dependents. Due to the green card backlog, there are many Indians that have been on H -1B for a long time, sometimes in decades. Their young children who were introduced methodically to the United States have grown up on the H -1B dependent visa. Even if they have a green card petition pending, if that child turns 21 years old before receiving a green card, the child will be out of age and will face self -exile. This means, to avoid making it, it is a document whether a person has to leave the country or find another way to live.
The fact is that “aging” has been around for some time, to ensure what people spending their entire life in the US should be done to ensure this?
Most individuals temporarily switch to an international student visa, but after that if they are unable to find a way to live, they will have to leave. Unfortunately there are about 10,000 people who face leaving the country, even though they grew up in the United States, who maintain legal status.
Does people seem to be the inability of this “aging” issue in getting green cards? Has the US government done enough to deal with this problem? Is there anything else in playing here?
There has been no recent change when aging and it has been in the system forever. It has been deteriorating for the last 10-15 years due to the green card backlog, but it is not that this administration has made it worse. There is no mechanism that people can extend it under DACA to 2 years, which applies only to unspecified individuals.
What work do American children do and how will it solve this problem?
Due to our efforts over the years, we are capable of drawing attention to it and gaining bipartisan laws in Congress, which is said to be supported by both Republican and Democrats, called the American Act. It is one of the most bilateral immigration bills in the Congress.
This will enable children who will grow up and maintain a legitimate position in the United States and want to contribute back to the country, a clear path for living and citizenship.
The Children’s Children’s Act will ensure that the person does not have to leave the country and their green card applications, which was pending, does not go out. They get to place their place in line.
Additionally it creates a mechanism that if you were here as a child, grew up in the United States, participated in a college, graduated in university and stayed here for 10 years, then you can apply for a green card, and after 5 years, you can apply for citizenship.
How important immigration improvement is for the United States?
The economic matter for immigration improvement is very strong. 10,000 people who know only the US and are inherent in American culture need to leave the country every year. Of which 90% of which are either in stem or healthcare field, how does it help the United States?
Do Indians in America need to be worried about Trump’s immigration crack? He has said that he will welcome tech graduate and Ivian league graduates with open arms, but what about others?
When the word – immigration crack is used, it is about illegal immigration, not about legal immigration.
Reports suggest that the 2 -year extension policy by the Trump administration is a danger of removing. Can you shed some light on it?
DACA was a program for unspecified children that were brought here, they had an option to get a 2 -year work permit and security and were able to renew it every 2 years. However, there is a case of the Texas Court that is against DACA, and it is in danger.
