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It is estimated that the process may take an astonishing 135 years to clear at the current pace
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This prolonged wait time means that as many as 1.34 lakh Indian children, who are currently under the H-4 visa category, may age out before their parents receive Green Cards, leading to the heartbreaking scenario of forced separation
The United States is facing a pressing issue that could potentially impact over one lakh Indian children who are currently residing in the country under the H-4 visa category. These children face the risk of being separated from their parents when they reach the age of 21, which is the maximum age covered by the H-4 visa. The primary cause of this uncertainty stems from a long-standing backlog in the Green Card application process, affecting Indian families settled in the US.
The backlog in question involves more than 10.7 lakh Indians waiting for employment-based Green Cards, which grant legal permanent residency in the United States. Unfortunately, given the significant number of pending cases and the 7 per cent country cap imposed on each nation, it is estimated that the process may take an astonishing 135 years to clear at the current pace. This prolonged wait time means that as many as 1.34 lakh Indian children, who are currently under the H-4 visa category, may age out before their parents receive Green Cards, leading to the heartbreaking scenario of forced separation.
Even when accounting for factors such as death and aging out, the waiting period remains a staggering 54 years. This situation has created immense uncertainty and anxiety among Indian families residing in the United States.
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The uncertainty surrounding the age limit of H-4 visas and the prolonged Green Card application process has created significant distress for Indian families living in the US
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In response to these challenges, the Biden administration has proposed a rule that would allow certain H-4 visa holders who turn 21 to remain in the United States and work
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However, the implementation timeline for this rule remains unclear. Additionally, President Biden had promised to address the 7 per cent country cap for Green Cards, but the status of this initiative is also uncertain
The H-4 visa is designed for the spouses and children of H-1B visa holders, which are temporary work visas granted to highly skilled workers. However, when H-4 visa holders reach the age of 21, they are no longer eligible to stay in the United States under this visa category.
Upon reaching this age limit, these young individuals, often referred to as “documented dreamers,” face two options. The first is to obtain an F-1 or student visa, allowing them to study in the US. However, without an Employment Authorization Document (EAD), they cannot work, and securing an F-1 visa can be challenging and costly, with no guarantee of success.
The second option is self-deportation to their home country, a deeply emotional and difficult decision, especially for those who have spent their formative years in the US and have limited or no connections with their family in India.
The uncertainty surrounding the age limit of H-4 visas and the prolonged Green Card application process has created significant distress for Indian families living in the US. In response to these challenges, the Biden administration has proposed a rule that would allow certain H-4 visa holders who turn 21 to remain in the United States and work. However, the implementation timeline for this rule remains unclear. Additionally, President Biden had promised to address the 7 per cent country cap for Green Cards, but the status of this initiative is also uncertain.
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