US dependent Indians fear self-deportation over visa issues

Children of H-1B visa holders in the United States, who entered the country as minors on H-4 dependent visas, face significant challenges upon turning 21—a situation referred to as "aging out." At this age, they lose their dependent status and must transition to a different visa category or risk self-deportation. Recent changes in immigration policies and court rulings have heightened these concerns, particularly among the approximately 134,000 Indian children projected to age out before families obtain green cards.

Challenges Faced by Aging-Out Dependents:

• Loss of Dependent Status: Upon turning 21, individuals on H-4 visas can no longer remain under their parents' visa status.
• Transition to Student Visa (F-1): While some may switch to an F-1 student visa, this reclassification often results in higher tuition costs, ineligibility for in-state tuition rates, and limited access to financial aid or scholarships.
• Uncertainty Due to Policy Changes: Court rulings, such as those affecting the Deferred Action for Childhood Arrivals (DACA) program, have increased uncertainty. DACA previously provided temporary protection from deportation for undocumented immigrants, including those who aged out of dependent status.

Impact of Green Card Backlogs:

The extensive backlog in the U.S. employment-based green card system disproportionately affects Indian immigrants, leading to waiting periods that can extend from 12 to over 100 years. This delay exacerbates the aging-out issue, as many children reach 21 before their parents' green card applications are approved.

Consideration of Alternatives:

Facing these challenges, some affected individuals are exploring immigration options in countries like Canada or the UK, which are perceived to have more accommodating policies. Others contemplate returning to India, despite having spent the majority of their lives in the U.S.

Legislative Efforts:

Advocacy groups and lawmakers are pushing for legislative reforms to address the aging-out issue. Proposed measures aim to protect these individuals from self-deportation and provide clearer pathways to permanent residency.

In summary, the aging-out phenomenon presents significant challenges for dependent children of H-1B visa holders, particularly within the Indian community. The intersection of policy changes, visa backlogs, and limited alternatives necessitates comprehensive immigration reform to address the unique circumstances of these individuals.