NRI Children : In a world characterized by globalization and the pursuit of the American Dream, the United States immigration system faces a critical challenge, one that profoundly impacts the lives of 10.7 lakh Indians and NRI Children caught in the employment green-card backlog. As of March 2023, this backlog in the EB-2 and EB-3 categories paints a disheartening picture of the dream deferred for many hopeful immigrants.
The United States annually allocates only 1.4 lakh employment-based green cards for applicants worldwide, a stark contrast to the immense demand. To make matters more complex, there exists a 7% per country cap, adding a layer of uncertainty for Indian immigrants NRI Children. Consequently, the wait for a green card in this scenario could extend to a staggering 54 years, considering factors like death and aging-out.
However, if we set aside these sombre considerations, the wait for a green card stretches into the realm of the unbelievable – a mind-boggling 134 years. This backlog creates not just frustration but also a high risk of family separation from NRI Children.
Nearly 1.34 lakh NRI children are at risk of “ageing out” before their parents can secure a green card. “Aging out” occurs when a child turns 21 while their parent is still on a temporary work visa or awaiting a green card. This situation puts their legal status in jeopardy.
Before turning 21, these NRI children typically hold an H-4 visa, intended for dependents and tied to their parents’ H-1B work visa. The possibility of family separation looms large, especially for those children who grew up in the United States with little or no connection to their home country.
The startling data emerges from a recent study conducted by David J. Bier, Associate Director of Immigration Studies at the Cato Institute. It underscores the urgent need for reform in the immigration system.
These young individuals, brought to the United States legally as dependents of their parents’ visas but losing residency status at age 21, are commonly referred to as “Documented Dreamers” in the US. Documented Dreamers find themselves in a precarious situation with limited options.
Their only recourse is to obtain an F-1 visa meant for international students or, alternatively, to self-deport to their home country, in this case, India. However, the F-1 visa comes with its own set of challenges, including limited work opportunities and higher fees, making it far from an ideal solution.
The root of this backlog lies in the country caps, where green cards are not allocated proportionally to the number of pending applicants in each country but instead arbitrarily limited to 7% per nation of birth. Recognizing the gravity of this situation, both the Senate and House have introduced the “America’s Children Bill.”
NRI children long-term visa
This proposed legislation aims to permanently protect the NRI children of long-term visa holders from “ageing out” of the system and the threat of self-deportation when they reach the age of 21. Beyond being a humanitarian concern, it’s also a loss to American communities and employers.
The Bill seeks to grant Documented Dreamers the opportunity to obtain permanent residency while establishing essential age-out protections. However, it’s important to note that the Bill has not yet been enacted, leaving the future of these young lives hanging in the balance.
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