In the United States, a substantial backlog in Green Card processing is putting over 100,000 Indian children at risk of being separated from their parents.
These Green Cards, which grant legal permanent residency, are in high demand, with more than 1.07 million Indians currently waiting for employment-based Green Cards.
However, due to the significant number of pending cases and a 7% cap on each country, the process could take over 135 years to complete at the current rate.
Under the H-4 visa system, children up to the age of 21 are allowed to stay in the US. However, a recent study by immigration expert David J.
Bier at the Cato Institute reveals that by the time Green Card applications are processed, approximately 134,000 Indian children on H-4 visas will have aged out, leading to forced separation from their parents.
Even when accounting for factors like death and aging out, the waiting time remains a staggering 54 years.
Aging Out and Its Impact on Families
Children moving to the US under the H-4 visa, designed for the spouses and children of H-1B visa holders (temporary work visas for highly skilled workers), face a critical issue when they turn 21.
At this point, they are no longer eligible to remain in the United States under the H-4 visa category.
These youngsters, often referred to as “documented dreamers,” have two options.
First, they can apply for an F-1 student visa, allowing them to study in the US, though they cannot work without obtaining an Employment Authorization Document (EAD).
The application process for an EAD can be lengthy and costly, with no guarantee of success.
The second option is self-deportation to their home country, a challenging and emotionally taxing decision, especially for those who grew up in the US with minimal ties to their family in India.
Uncertainty Among Indian Families in the US
The age limit imposed by H-4 visas and the decades-long Green Card processing backlog have created significant uncertainty and anxiety for Indian families residing in the United States.
While the Biden administration has proposed a rule to allow certain H-4 visa holders who turn 21 to remain in the US and work, it remains unclear when or if this rule will be implemented.
Additionally, Biden had pledged to address the 7% country cap for Green Cards, but the timeline for this change remains uncertain.
