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IMMIGRATION AUGUST 08, 2025 | The Indian Eye 35

green card categories for persons But the policy under 8 CFR 101.3 is unlawfully present and will be sub- drawn and subject to challenge in the
born in India. If this child inherits more sensible as the child of the dip- ject to removal. courts.
the H-4 status from the parent who is lomat who is not subject to the juris- However dystopian this may be The USCIS has also proposed
in H-1B or H-4 status, the child will diction of the US is entitled to lawful for a hapless newborn, parents need to defer enforcement against such
have to find its own way in the legal permanent residence. not panic because so far not a single children until the regulations are
immigration system when they turn Under the Implementation federal court has sided with Trump’s promulgated. It is hoped that the
21. Will this child also be charged to Plan the child will inherit the tem- EO and each court has found it un- majority of justices in the Supreme
the parent’s country of birth, which porary and unstable status of the constitutional. The USCIS will also Court, if it gets there, will also find
is India, and will need to wait for parent such as withholding of re- have to change the regulations to al- the EO blatantly unconstitutional
decades before they become lawful moval. If the parent is not lawfully low inheritance of temporary status- and affirm birthright citizenship un-
permanent residents? The child’s present, the child will also be born es by registration, which will be long der the Fourteenth Amendment.
age may not be protected under the ___________________________________________________________________________________________________________________________________
Child Status Protection Act if the
parent’s I-140 petition under the In- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta
dia EB-1 or EB-2 does not become & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
current before the child turns 21. mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
The Implementation Plan will
adopt what USCIS does with chil- Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
dren of parents present in the Unit- of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
ed States on diplomatic visas who are
not subject to the jurisdiction of the Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
United States pursuant to 8 U.S.C. Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
1401(a) but are entitled to acquire on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
lawful immigration status by regis-
tering. See 8 CFR 101.3. USCIS in- Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
tends to broaden this practice to per- and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
mit the children of noncitizens that immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
possess lawful but temporary status
to register to acquire any lawful sta- the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
tus that at least one parent possesses. in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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