According to a study by the National Foundation for American Policy (NFAP) using data from the US Citizenship and Immigration Services (USCIS) as of November 2, over 1.2 million Indians, including dependents, are currently awaiting green cards in the EB-1, EB-2, and EB-3 categories, as reported by Forbes.
The Immigration and Nationality Act (INA) considers a child as someone who is unmarried and under 21 years old. If an individual applies for lawful permanent resident (LPR) status as a child but turns 21 before receiving approval for a Green Card, they are no longer considered a child for immigration purposes, resulting in “aging out.” Consequently, they may need to submit a new application, experience longer wait times, or become ineligible for a Green Card altogether.
The White House has attributed the legislative impasse to Republicans, stating that they have twice rejected a bipartisan agreement. “I talked about the bipartisan agreement that came together from the Senate where we negotiated a process to help the so-called documented Dreamers. And sadly, Republicans, and I’ve said this many times already at this podium today, which is that they voted it down twice. They voted it down twice,’ White House press secretary Karine Jean-Pierre told reporters at her daily news conference.
On June 13, a group of 43 lawmakers, spearheaded by senator Alex Padilla and representative Deborah Ross, called on the Biden Administration to take immediate action to safeguard these individuals. The lawmakers highlighted the challenges faced by these young people who grow up and receive their education in the United States but are often stuck waiting for permanent resident status due to the extensive green-card backlog, news agency PTI reported.
Improve The Dream, an organization advocating for these children, has engaged with over 100 congressional offices and senior administration officials to seek a resolution. Dip Patel, the founder of Improve The Dream, expressed disappointment in the lack of action and the deprioritization and delay of proposed regulations.
“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,” Dip Patel was quoted as saying by PTI.
Dwarkesh Patel, a podcaster who has featured prominent figures like Jeff Bezos and Tony Blair on his show, shared his own story on X. He moved to the US at the age of 8, but by the time he turned 20, his father was still on an H1B visa, waiting to be processed for a green card.
Dwarkesh faced the possibility of aging out as his father’s dependent upon turning 21, despite having grown up in the US. He feared having to become a “code monkey” after college, and even that would be contingent on winning the H-1B lottery; otherwise, he would have to return to India.