The executive order of US President Donald Trump demanded a ban on birthright citizenship for children of temporary visa holders, which was a bolt in the US, especially a bolt for Indians, especially Indians. However, after a legal challenge, the policy has left thousands of Indians, who soon expect to be parents, in Limbo.
For Indian professionals on H -1B visas, the effect is very large. Many people admitted that their children would automatically get citizenship, but the order now threatens to meet those expectations.
“It directly impresses us,” San Jose, an Indian engineer in California, Akshay Pizh, whose wife, Neha Satpute, is going to be this month. “If the order is effective, we do not know what comes next – this is a unwanted area,” he told the BBC.
With their fixed date, the couple abbreviated to inspire labor quickly, but decided against it. “I want the natural process to take your course,” said Ms. Satpute. Mr. Pis said, “My priority is safe distribution and my wife has health. Citizenship is in second place.”
Nervousness has reported his child to go for initial C-section to secure his child’s American citizenship. But the American Association of Physician of Indian Origin (AAPI) President Sathhesh Katula advised against it. “In a country with strict medical laws, I firmly advise against Preterum C-section only for citizenship,” he said.
Priyashi Jaju, a resident of San Jose, expected in April, told the BBC, “Do we need to contact the Indian Consulate for Passport? Does the visa apply? There is no clear information.”
New York-based Immigration Attorney Cyrus Mehta said, “The US law has no provision to give non-migrant status to a person born here.” Without congenital citizenship, children of H -1B holders can withstand legal uncertainty.
Ms. Satpute said that uncertainty is stressful. “Pregnancy is quite stressful, but we thought it would be easy here after a decade – then it happens above everything.” Her husband said that she was a legal, tax-paying immigrants, and the child deserved American citizenship.
“This is the law, isn’t it?” He said.
Indians, the second largest immigrant group in the US, will be the most affected by the order. Over five million non-migrant visas, and under the new rule, their American-born children will no longer get citizenship.
Immigration policy analyst Sneha Puri said, “Indians face the longest green card backlog of any nationality.” The current laws limit the green card to 7 percent per country, and Indians receive 72 percent of the H -1B visa every year, the backlog has increased to 1.1 million.
David Bear, the immigration director of the Cato Institute, warned, “New Indian applicants face a lifetime waiting, which is likely to die before receiving 4 million green cards.”
This order also affects unspecified immigrants, ending birth appreciated for their American-birth children, who could first sponsor their parents to a green card at the age of 21.
Estimates on unspecified Indians are different – Pew Research says that there is 7.25 lakhs, while the Migration Policy Institute estimates 3.75 lakhs.
For Indians on H -1B or O visa, the biggest concern is the future of their children. Visa holders should leave the US for visa stamping, often faced delays. Many worry that their children will face the same struggle.
