Children of H1-B visa holders in the United States, who migrated as minors and are now nearing 21, are facing a dilemma. They can no longer be considered dependents on their parents’ H-4 visa status. Historically, U.S. policy allowed them two years to transition to a new visa status after “aging out,” but recent changes to immigration rules and ongoing court cases have left many concerned that this provision may soon be eliminated.
According to a report by a national daily, the uncertainty has raised fears that these young adults might be forced to “self-deport” to India— a country they may barely remember. According to March 2023 data, nearly 134,000 Indian children are expected to age out of their dependent visa status before their families can secure green cards.
A recent court ruling in Texas that blocks work permits for new applicants under the Deferred Action for Childhood Arrivals (DACA) programme has only compounded these concerns. DACA, which offers temporary protection from deportation for undocumented immigrants—including children who lose their dependent status after turning 21—has now been rendered uncertain for many.
Adding to the complexity is the immense backlog in the green card system, especially for Indian immigrants. While parents may have applied for green cards, they often face wait times ranging from 12 to 100 years. With their dependent visa set to expire, they face the possibility of having to leave the only home they have ever known. Although transitioning to an F-1 (student) visa may allow continued education, it comes with several challenges, especially since they would be classified as international students.
This transition strains their finances since international students are not eligible for in-state tuition or scholarships. Many families are grappling with high cost of living in the US. They are frustrated at the idea of paying tuition fees that could reach $45,000, compared to the $10,000 that others are paying.
Following this uncertainty, many young individuals are considering relocation to countries with more inclusive immigration policies, such as Canada and the UK. For some, these countries are seen as offering an easier option, with clearer prospects for the future. Even if they stay in the US to pursue higher studies, they are uncertain about landing jobs, especially with the long green card waiting times and their parents’ plans to return to India after retirement.
Some of these individuals find it difficult to imagine returning to India, which, they perceive, as a foreign country now.
The waiting time in the US employment-based green card system—disproportionately affecting Indian nationals—remains a significant concern. For these young people, the uncertainty surrounding their future in the US continues to grow as they navigate a changing immigration system, an ever-expanding green card backlog, and the looming possibility of being forced to adjust to a new reality where their paths forward are unclear.
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