Trump govt modifies policy for H-1B visa holders' children – what does this mean for Indian families in US?
The Department of Homeland Security (DHS), in its statement, said that it was modifying the Joe Biden administration's regulation that shielded young adults from surrendering their legal status if a parent's petition was still being processed when their children turned 21.
It coincides with recent changes to the US Citizenship and Immigration Service (USCIS), aligning with President Donald Trump's regulatory orders to tighten immigration controls.
It is likely to impact about 2,00,000 children and young adults, including thousands of Indian families.
This latest change to the US Citizenship policy will impact the people covered by the Child Status Protection Act (CSPA).
In February 2023, the former US President Joe Biden's administration expanded the protections under the CSPA, allowing certain children to remain eligible for green cards once their parents became qualified to apply.
This policy change aimed to prevent children from 'ageing out' of eligibility due to lengthy immigration backlogs.
The Trump administration, however, withdrew these extensions on Friday, stating that CSPA provisions would again be provided when a visa is made available through the Department of State.
According to USCIS, this would establish a more uniform process for individuals seeking immigrant visas and adjustment of status.
'The Feb. 14, 2023, policy resulted in inconsistent treatment of aliens who applied for adjustment of status in the United States versus aliens outside the United States who applied for an immigrant visa with the Department of State,' the USCIS stated.
Extended waiting periods for applications to change their status, especially for those with H-1B and other temporary visas, may now result in a dependent child losing their legal status.
They may even have to leave the USA when they turn 21, even if they have spent the majority of their lives in the country.
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