Documented Dreamers: 250,000 Indians Risk Deportation at 21

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Key Takeaways:

Documented Dreamers, primarily children of immigrants, risk losing legal status and deportation upon turning 21 due to green card backlogs.
Over 1.2 million Indians in long green card queues cause children to “age out” and lose dependent status.
Efforts include congressional proposals and advocacy, pushing for permanent residency pathways and highlighting the urgency of this immigration issue.

Who Are the Documented Dreamers and Why Are They at Risk?

The plight of over 250,000 children of legal immigrants, many of them Indian-Americans, has become a pressing issue in the United States. These young individuals, known as “Documented Dreamers,” face an uncertain future as they approach their 21st birthday, at which point they risk losing their legal status and potentially facing deportation.

Documented Dreamers: 250,000 Indians Risk Deportation at 21

What Happens When Documented Dreamers Turn 21?

Documented Dreamers are children who entered the United States legally with their parents, typically on temporary work visas such as the popular H-1B visa. While their parents work towards obtaining permanent residency (green cards), these children grow up in America, attending schools and integrating into American society. However, due to the lengthy green card backlog, especially for immigrants from countries like 🇮🇳 India, many of these children “age out” of their dependent status before their families can secure permanent residency.

What Does the Immigration Law Say About Dependent Children?

The Immigration and Nationality Act (INA) defines a child as someone who is both unmarried and under 21 years old. When these young adults turn 21, they are no longer considered dependents under immigration law, losing their legal status and becoming ineligible to remain on their parents’ visas or in the family’s green card application. This situation forces them to either find an alternative immigration status, such as a student visa or work visa, or face the prospect of leaving the country they’ve called home for most of their lives.

How Big Is the Backlog for Green Cards?

The scale of this issue is significant. According to recent data, over 1.2 million Indians, including dependents, are currently waiting for green cards in the employment-based categories (EB-1, EB-2, and EB-3). This backlog means that many families are stuck in a years-long or even decades-long queue for permanent residency, during which time their children may age out.

What Are the Consequences of Aging Out?

The consequences of aging out are severe:

Legal Status: These young adults, despite having grown up in the United States, suddenly find themselves without legal status.
Employment: They become ineligible for most jobs.
Driving: They cannot apply for drivers’ licenses in many states.
Education: They lose access to in-state tuition rates for college.
Deportation: Most critically, they become vulnerable to deportation and face the prospect of being forced to leave their families, friends, and the only country they may remember calling home.

How Are Documented Dreamers Culturally Integrated?

The situation is particularly heartbreaking because these individuals are, in many ways, American in all but legal status. They have been educated in the U.S. school system, speak English fluently, and are culturally American. Many are high-achieving students and young professionals, with a significant number pursuing careers in STEM fields and healthcare – areas where the U.S. often faces talent shortages.

What Is Being Done to Address This Issue?

Efforts to address this issue have gained bipartisan support in Congress. The proposed America’s Children Act aims to provide a pathway to permanent residency for Documented Dreamers. However, despite this support, legislative action has been slow. The White House has blamed Republicans for the impasse, citing their rejection of bipartisan agreements that would have helped these young people.

What Actions Are Advocacy Groups Taking?

In the absence of legislative solutions, affected individuals and advocacy groups have been pushing for administrative action. Organizations like Improve The Dream have been meeting with congressional offices and administration officials to raise awareness and push for policy changes. They argue that the U.S. is not only losing young talent raised and educated in America but also risking the departure of their skilled parents who have contributed to the U.S. economy for years.

What Are the Personal Stories of Those Affected?

The human cost of this situation is evident in the stories of affected individuals. Many report living in constant anxiety, unable to plan for their futures. Some have had to resort to “visa-hopping,” moving between different temporary statuses to remain in the country legally. Others have been forced to leave the U.S. after aging out, separating from their families and abandoning the lives they’ve built.

How Are Documented Dreamers Different from DACA Recipients?

It’s important to note that Documented Dreamers are distinct from DACA (Deferred Action for Childhood Arrivals) recipients. Unlike DACA beneficiaries, who entered the country without legal status, Documented Dreamers have always maintained legal status but face uncertainty due to the limitations of the current immigration system.

What Does This Crisis Reveal About the U.S. Immigration System?

The situation highlights the complexities and inadequacies of the U.S. immigration system, particularly its inability to accommodate children who grow up in the country while their parents navigate the lengthy process of obtaining permanent residency. As the debate continues, hundreds of thousands of young people remain in limbo, their futures hanging in the balance as they approach their 21st birthdays.

For more detailed information about this issue and to seek assistance, you can visit the U.S. Citizenship and Immigration Services website.

According to VisaVerge.com news, the gap between legal status and cultural integration among Documented Dreamers is growing, putting many talented young individuals at risk of being deported from the only country they have ever called home. The urgency of addressing this issue cannot be overstated.

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Glossary of Immigration Terms

Documented Dreamers: Children of legal immigrants who entered the United States legally with their parents, typically on temporary visas. They face legal uncertainty and potential deportation when they turn 21 and “age out” of their dependent status.
Green Card Backlog: The lengthy waiting period many immigrants face when applying for permanent residency (green cards). This backlog is particularly severe for individuals from certain countries, like India, due to high demand and limited annual quotas.
Aging Out: The process by which dependent children of legal immigrants lose their legal immigration status upon turning 21, as they are no longer considered children under the Immigration and Nationality Act (INA).
Dependent Status: A legal classification for children (under 21 and unmarried) who enter the U.S. with parents on temporary visas. Dependent status allows them to stay in the country legally until they turn 21.
America’s Children Act: Proposed legislation aimed at providing a pathway to permanent residency for Documented Dreamers, addressing their risk of losing legal status upon aging out.

This Article In A Nutshell:

Documented Dreamers are young legal immigrants who risk losing their status at 21 due to visa backlogs. Over 250,000 face potential deportation, despite growing up American. The proposed America’s Children Act seeks to safeguard their future, ensuring these integrated individuals aren’t forced to leave the U.S.
— By VisaVerge.com

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