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        residence abroad, which has not been  grant status, then take their chance in  action, they are authorized to remain  into vagaries of the US immigration
        abandoned. It is difficult for a child in  the H-1B lottery. It is likely that most  in the US and even work by applying  system. They can also hope that at
        this situation who has been in the US  of them will not get selected in this lot-  for employment authorization. If the  some point Congress will bless this ex-
        for most of their life to demonstrate  tery. If they are fortuitously selected,  child wishes to travel, they can request  ecutive action and provide a pathway
        such a nonimmigrant intent. Further-  they can  seek an employer to sponsor  advance parole. This is probably bet-  for these children to apply for perma-
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        more, even if the child is successful  them for permanent residency while  ter than remaining in nonimmigrant  nent residence and citizenship just as
        in changing to F-1 status, travelling  not getting any credit for their parent’s  F-1 status, and then trying to switch to  DACA recipients have been hoping
        abroad is fraught with even greater  priority date. They will need to estab-  H-1B status under the H-1B lottery.  and advocating for a long time.
        risk as a US consul can deny the F-1  lish a new priority date upon their em-  They will need to be a recipient of de-  Finally, I also favor advancing the
        visa under INA 214(b), because the  ployer sponsoring them for labor cer-  ferred action for a very long time un-  “Dates of Filing” in the State Depart-
        visa applicant has not overcome  the  tification, and  filing an I-140 petition,  til they get sponsored for permanent  ment Visa Bulletin as much as possi-
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        presumption of immigrant intent by  and then they too will have to wait for  residence through an employer or as  ble to allow those waiting in employ-
        sufficiently  demonstrating  that  they  more than a lifetime to obtain perma-  an immediate relative of a US citizen  ment-based  green  card  categories  to

        have strong ties to their home coun-  nent residence unless they happen to  spouse or through a family member  file I-485 applications for adjustment
        try  that  will  compel  them  to  leave  marry a US citizen,  and get rescued  under one of the family preferences.  of status. This action would enable in-
        the United States at the end of their  from quotas  and file for adjustment   Although a new president can  dividuals to obtain employment autho-
        temporary stay. H-1B and L visa ap-  of status.                     yank the deferred action, they will be  rization documents, advance parole
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        plicants, along with their spouse and   Instead of stating all over again in  more stable so long as they have de-  for travel purposes and protect the age
        any minor children, are excluded from  F-1 status, if a child is granted deferred  ferred action rather than being thrown  of the child for an immigration filing.
        this requirement, but when the child   _________________________________________________________________________________________________________
        has switched to F-1 status, they have   Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta & Partners PLLC
        to meet this requirement.         in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s
            If this child was not born to an   Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee, Appellate Division, First Department,
        Indian  born  backlogged  beneficiary,   New York; member of the ABA Commission on Immigration; board member of Volunteers for Legal Services and board member of New York
                                                    You can click   www.indialife.tv
        they would have obtained permanent   Immigration Coalition.  Mr. Mehta is the former chair of the Board of Trustees of the American Immigration Council and former chair of the
        residence along with the parent. Un-  Committee on Immigration and Nationality Law of the New York City Bar Association. He is a frequent speaker and writer on various immi-
        fortunately, this child who has aged   gration-related issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled
        out  needs to start all over again in   Immigration and Work.  Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
        the labyrinthine immigration system   and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field.
        like their parent has miserably experi-  He has also received two AILA Presidential Commendations in 2010 and 2016.  Mr. Mehta is ranked among the most highly regarded lawyers
                                          in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and Chambers Global 2019
        enced by first obtaining F-1 nonimmi-       on your browser and watch IndiaLife TV 24 Hours
                                          in immigration law, among other rankings.

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