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IMMIGRATION JUNE 28, 2024 | The Indian Eye 42
Granting Deferred Action to Aging Out
Children in Lawful Status Is Preferable
to Having Them Start All Over Again
CYRUS D. MEHTA to the I-140 petition filed on obsessive focus on the border, below: granting EADs to beneficia-
behalf of the parent. Indian those in Congress who desire “The administrative ries of approved I-140s is a
hildren of beneficiaries born beneficiaries in the em- to fix the problem are unable proposals are both interest- good thing, advocates should
of approved I-140 peti- ployment based first, second to get support to pass mean- ing and intriguing as they realize it will not lead to per-
Ctions that are caught in and third preferences are ingful legislation. On June 13, may only give a temporary manent residence if an indi-
the employment-based back- particularly impacted as the 2024, a bipartisan group of 43 benefit to the child who has vidual changes jobs unless the
logs are in danger of aging out wait time before their prior- members of Congress sent a aged out with no pathway to new employer files the labor
if they turn 21 and are unable ity dates become current can letter to Homeland Security permanent residence,” said certification and I-140 again
to obtain permanent resident be an absurd 195 years. Over Secretary Alejandro Mayor- immigration attorney Cyrus and the beneficiary is able
status with their parents. Al- one million Indian born bene- kas and U.S. Citizenship and Mehta. “Still, until Congress to recapture the old priority
though the Child Status Pro- ficiaries and their dependents Immigration Services Direc- provides a legislative solution, date,” said Mehta. The child
tection Act (CSPA) is able will be waiting for the rest of tor Ur Jaddou requesting an these proposals, especially the may not be protected from
to protect the age of some their lives in the backlogs. administrative fix for children first and second, would be an aging out depending on the
children from aging out, not Although Congress can who will age out. interim solution.” circumstances.
all children can benefit from easily fix this problem by in- The letter requests three A child granted deferred The third proposal—be-
the CSPA especially when fusing more visa numbers in policy changes as follows: action can remain in the Unit- ing paroled into the United
neither the Date for Filing or the employment-based cat- First, “Clarify the appli- ed States and obtain employ- States—also does not offer a
the Final Action Date in the egories along with reducing cability of potential grants of ment authorization. “The big clear pathway to permanent
State Department Visa Bul- the per country limits, due to deferred action on a case-by- disadvantage under this pro- residence. A future admin-
letin is nowhere close to be- the intense polarization be- case basis, where discretion posal is that once the parent istration can choose not to
coming current with respect tween the two parties and the is warranted, for children of had been granted permanent extend parole. Depending on
long-term visa holders residence, what happens to when a parent obtains perma-
who age out of status.” the child?” said Mehta. “The nent residence, sponsoring a
Second, “Expand el- child will have to remain a son or daughter may be pos-
igibility for Employment recipient of deferred action sible, although likely via con-
Authorization to child for a very long time until they sular processing.
dependents of visa hold- can obtain their own basis to While these proposals
ers, and to individuals immigrate to the U.S.” A new are less than ideal as they do
with approved I-140 pe- presidential administration not put aged out children on
titions.” The letter also could rescind the deferred the path to permanent res-
urges USCIS to expand action, leaving an aged-out idence, an executive action
eligibility for employ- child in a situation similar to that authorizes children to
ment authorization (an DACA recipients. lawfully remain in the US
EAD) under “compel- On the letter’s second long after they have aged out,
ling circumstances” to in- proposal, Mehta explains and obtain work authoriza-
clude “children who are while it would be good for tion and travel permission, is
aging out.” dependent children to obtain preferable to the status quo.
Third, “We urge EADs under compelling cir- Presently, a child who is
USCIS to create a pro- cumstances, “Children who turning 21 would most like-
cess to allow children of age out and cannot protect ly be in H-4 status while the
long-term visa holders their age under the Child Sta- parent who is caught in the
who have aged out to tus Protection Act will not be backlog is in H-1B status. The
seek parole on a case-by- able to obtain immigrant vi- child must seek to change
m of case basis, if warranted sas along with their parents.” status before turning 21 to
CYRUS D. MEHTA & PARTNERS PLLC for urgent humanitarian A rule on the regulatory another nonimmigrant status.
reasons or to advance a
Most children of skilled work-
agenda that has not been is-
significant public bene- sued would clarify and likely ers are studying in college,
fit.” expand compelling circum- and so they can change to F-1
My views on this bi- stances for children at risk of status. Requesting a change
partisan letter have been aging out. to F-1 status is fraught with
extensively reflected in The letter also recom- peril. Changing to F-1 status
an article in Forbes writ- mends granting employment is fraught with risk as F-1
ten by Stuart Anderson authorization documents nonimmigrant classification
of the National Founda- to the principal green card requires one to have a tem-
2 6th Floor tion for American Poli- applicants waiting for per- porary intent to remain in the
cy, which are extracted manent residence. “While US and ultimately return to a
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