New York. More than one lakh Indian children are at risk of being separated from their parents due to delays in the green card process in the US. More than 10.7 lakh Indians are in line for an employment-based green card. Let us tell you that a green card provides legal permanent residence in the United States.
Due to the huge number of pending cases and the 7 percent card limit per country, the process is expected to take more than 135 years to complete based on the number of cards currently pending. This time limit shall not be less than 54 years even if cases related to drop out like death or old age are considered.
Cato Institute immigration studies expert David J. A recent study by Baer says that 1.34 lakh Indian children under H-4 visas will be old by the time green card applications are processed. This will force them to be separated from their parents.
What are H-1B and H-4 visas?
Actually, the H-1B visa is a temporary work visa for such highly skilled workers who go to America to work. Similarly, for those who come here under H-1B, H-4 visas are issued to their families, i.e. spouse and children, under which they can stay here as nonimmigrants. However, when the children turn 21, they are not allowed to stay in the United States under the H-4 visa category. In such a situation these children have two options.
What are those two options?
The first option is to get an F-1 or student visa. This visa allows them to study in the US, but they are not allowed to work without obtaining an Employment Authorization Document (EAD). At the same time, the EAD application process is long and expensive. And there is no guarantee that the children will get an F-1 visa because only a limited number of children can get it. Another option is to exile yourself to your home country. This can be a difficult and emotional decision. Especially for children who came to America as children and grew up there and have little or no ties to their families in India.
The Indian family and America is full of uncertainties
The age limit for H-4 visas and the pendency in green card processing for decades have become a significant source of uncertainty and anxiety for many Indian families settled in the US. The Biden administration has proposed a rule that would allow certain H-4 visa holders over the age of 21 to live and work in the United States, but it is unclear when and how the rule would be implemented. Biden also promised to change the country’s 7 percent cap for green cards but that, too, is pending, as is the process.
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Tags: Biden, Indian, US Green Card, US visa, USA
First published: September 04, 2023, 16:59 IST