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IMMIGRATION JUNE 21, 2024 | The Indian Eye 45

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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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