Children of Indian-Americans fear deportation risk. Here’s why

Over two lakh children of legal immigrants, thousands of whom are Indo-Americans, are at risk of deportation from the United States upon turning 21, despite living in the country for decades. This issue is known as “aging out”. 

It may affect nearly 2,50,000 children, who came to the United States when they were small kids with their parents on temporary work visas and now face deportation after losing their dependent status.

It is important to note that the US immigration laws—the Immigration and Nationality Act (INA)—mandate that children must leave the US if their parents have not secured permanent residency by the time they turn 21.

According to a Forbes report, the National Foundation for American Policy (NFAP) survey November 2023 stated that, over 1.2 million Indians, including dependents, are waiting for Green Cards in EB-1, EB-2 and EB-3 categories.

These “aging out” individuals have to file a new application for permanent residency despite living for decades in the country, waiting longer for a Green Card, or may not be eligible for one anymore.

White House has slammed Republicans for the legislative impasse over the permanent residency of these 'Documented Dreamers', citing that they voted down a bipartisan agreement twice, news agency PTI reported.

White House Press Secretary Karine Jean-Pierre addressed the issue, lamenting the rejection of bipartisan efforts to aid these “Documented Dreamers.” She was quoted by PTI as saying, “Despite a negotiated process in the Senate, Republicans voted it down twice.”

Children of Indian-Americans fear deportation risk

Dwarkesh Patel, an India-born podcaster, shared his experience on X (formerly known as Twitter), describing the anxiety his family faced. Patel’s family moved to the US when he was 8, but his father, on an H1B visa, had yet to secure a green card by the time Patel turned 21.

“Once I turned 21, I would age out as his dependent, despite the fact that I basically grew up in the US. I thought I'd have to become a code monkey after college, and even that only if I was lucky enough to win the H1B lottery. Otherwise, back to India,” Patel said.

Meanwhile, Dip Patel, founder of Improve The Dream was quoted as saying by PTI, “It is disappointing to see the lack of action and associated proposed regulations deprioritised and delayed. I hope President Biden and the administration see the support from this bipartisan letter and show they care about one of the most bipartisan issues in Congress."

US lawmakers appeal

A group of 43 lawmakers, led by Senator Alex Padilla, urged the Biden Administration to take urgent action to protect these individuals.

Meanwhile, personal stories of these Documented Dreamers, highlighting the emotional and practical difficulties, are flooding social media.