Why over 1L Indian youth fear self-deportation from the US

medium nocaption118752674Children of H-1B visa holders who migrated to the United States as minors and are set to turn 21 are facing an existential dilemma. They can no longer be considered dependents of NRI parents. These children hold H-4 visas, which are issued to dependent family members (spouse or unmarried child below the age of 21) of H-1B and other visa holders.The US policy, so far, had given them two years to opt for a new visa status after ‘ageing out’, but recent changes in immigration rules and court cases have left them worried about the provision being struck out.Their fear: Being forced to ‘self deport’ to India — a country they are barely familiar with — or living as ‘outsiders’ in the US.According to data from March 2023, nearly 1.34 lakh Indian children of H-1B visa holders were expected to 'age out' of their dependent visa status before their families obtained green cards. The H-1B visa is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations. These occupations typically require a bachelor’s degree or equivalent in a specific field.The H-1B visa can serve as a stepping stone to obtaining a green card – which means that you can apply for a green card (permanent residency) while on an H-1B visa, but that process can take years. even decades.DACA challengeA recent court ruling in Texas that blocks work permits to new applicants under the Deferred Action for Childhood Arrivals (DACA) has compounded the confusion. DACA provides temporary two-year protection from deportation to undocumented immigrants, including children, who become ineligible for their status as their parents’ dependents after turning 21 — with the possibility of renewal.Without this provision, the Indian youth fear they might be staring at uncertainty. Compounding the problem is the fact that the parents have applied for green cards with a waiting period of between 12 years and 100 years.Fee challenge“I have lived here since I was six. My education, friends, and my future, everything is here. But now, I am being told that I might have to leave the only country I have ever known,” said a 20-year-old nursing student from California, whose dependent visa expires in August.Although she is eligible to convert her visa to an F-1 (student) to continue her education, the process comes with its own set of challenges — being branded as an international student.“This will not only make people like me ineligible for in-state tuition fees, federal financial aid, and scholarships, but also put a financial burden on our families, many of whom are already struggling with the high cost of living in the United States,” she said.Another 20-year-old from Texas, whose H-4 visa will expire this year, said, “I can't afford out-of-state tuition and can’t work off-campus to support myself. It feels like I’m being punished for something I had no control over. I will have to pay fees as high as $45,000 (Rs 39.2 lakh) compared to $10,000 (Rs 8.7 lakh) that my friends here pay.”Canada, UK next optionsSome of these youths are considering moving to countries like Canada or the UK, where immigration policies are seen as more inclusive. “It might be an easier option. Even if I stay and study here, I don’t know what my prospects are of getting a job and securing my future. My parents are planning to return to India after retirement, so I have nothing to stay back for,” said a Memphis-based undergraduate student who will be turning 21 in April.Green card backlogThe backlog in the US employment-based green card system, which affects Indian immigrants, is a concern among this section of youth. “Our waiting period is 23 years, and I turn 21 this October. Earlier, people would get two years of extension under DACA and they could study and work. But with the new government banning birthright citizenship, everything is confusing,” said a student.Dwarkesh Patel, a podcaster was one of the lucky few to get a green card just in the nick of time. He posted this on X some months ago. "My family moved to the US when I was 8, but by the time I turned 20, my dad was still on an H1B (waiting to get processed for a green card). Once I turned 21, I would age out as his dependent, despite the fact that I basically grew up in the US..." My family moved to the US when I was 8, but by the time I turned 20, my dad was still on an H1B (waiting to get processed for a green card).

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… pic.twitter.com/FxlbYQjMNT

— Dwarkesh Patel (@dwarkesh_sp) July 25, 2024 By some miracle, he said, Covid travel restrictions cleared out the lines, and he was able to get a "green card literally months before I would have aged out”. "But it's unconscionable that we put the kids of high skilled immigrants through all this anxiety, and in many cases make them repeat the nerve-racking indentured life trajectory that they had to watch their parents go through," he wrote.