Children of H1-B visa holders who migrated to the United States as minors and are set to turn 21 are facing an existential dilemma. They can no longer be considered dependents of NRI parents (H-4 visa holders). US policy so far had given them two years to opt for a new visa status after ‘ageing out’, but recent changes in the immigration rules and court cases have left them worried about the provision being struck out.
Their fear: Being forced to ‘self deport’ to India – a country that they are barely familiar with – or living as ‘outsiders’ in the US. According to data from March 2023, nearly 1.34 lakh Indian children were expected to age out of dependent visa status before their families obtained green cards.
DACA Challenge
A recent court ruling in Texas that blocks work permits to new applicants under the Deferred Action for Childhood Arrivals (DACA) has compounded the confusion. DACA provides temporary two-year protection from deportation to undocumented immigrants, including children, who become ineligible for their status as their parents’ dependents after turning 21 – with the possibility of renewal.
Without this provision, the Indian youth fear they might be staring at uncertainty. Compounding the problem is the fact that the parents have applied for green cards with a waiting period of between 12 years and 100 years.
Fee Challenge
“I have lived here since I was six. My education, friends, and my future, everything is here. But now, I am being told that I might have to leave the only country I have ever known,” said a 20-year-old nursing student from California, whose dependent visa expires in Aug. Although she is eligible to convert her visa to an F-1 (student) to continue her education, the process comes with its own set of challenges – being branded as an international student. “This will not only make people like me ineligible for in-state tuition fees, federal financial aid, and scholarships, but also put a huge financial burden on our families, many of whom are already struggling with the high cost of living in the US,” she said.
Another 20-year-old from Texas, whose H-4 visa will expire by the end of this year, said, “I can’t afford out-of-state tuition and can’t work off-campus to support myself. It feels as though I am being punished for something I had no control over. I will have to pay fees as high as $45,000 (Rs 39.2 lakh) compared to $10,000 (Rs 8.7 lakh) that my friends here pay.”
Canada, UK Next Options
Some of these youth are also considering moving to other countries like Canada or the UK, where immigration policies are seen as more inclusive. “It might be an easier option. Even if I stay and study here, I don’t know what my prospects are of getting a job and securing my future. My parents are planning to return to India after retirement, so I have nothing to stay back for,” said a Memphis-based undergraduate student who will be turning 21 in April. He added: “I can’t see myself moving back to India as it seems like just another foreign land to me. I left when I was a child. I would have to start afresh.”
Green Card Backlog
The massive backlog in the US employment-based green card system, which disproportionately affects Indian immigrants, is a serious concern among this section ofyouth. “Our waiting period is 23 years, and I am turning 21 this Oct. What am I supposed to do after that? Earlier, people would get two years of extension under DACA and they could study, work, and get social security numbers. But after the new govt came to power and banned birthright citizenship, everything is confusing,” said a Texas-based student.