U.S. policy shift jeopardizes Indian children's Green Cards, causing escalating family concern

U.S. policy shift jeopardizes Indian children's Green Cards, causing escalating family concern

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Starting August 15, 2025, a significant change in USCIS policy could bring about a crisis for thousands of Indian-origin families. The agency will calculate a dependent child's age for green card eligibility based solely on the Final Action Dates listed in the Department of State's monthly Visa Bulletin.1

The Impact on Indian EB-2 and EB-3 Families

This new policy could be particularly detrimental to Indian-origin families in EB-2 and EB-3 categories, as these categories have long visa backlogs, especially for India.2

• Stricter Age Calculation: Dependent children who would previously have "locked" their age based on the earlier Dates for Filing chart may now age out sooner under the Final Action Dates chart.1
• Increased Risk of Family Separation: If children age out, they must apply under different categories with much longer wait times, potentially resulting in decades of separation from parents who receive green cards earlier.3
• No Grandfathering for New Filings: Applications filed before August 15, 2025, continue under the older, more generous policy, but all filings on or after that date must follow the restrictive Final Action Dates rule.1
• More Complex Planning Needed: Families must carefully time their filings and consider alternative visa options (e.g., student visas or work authorization) for children at risk of aging out.3
• Potential for Exceptions: USCIS allows some exceptions if applicants can prove extraordinary circumstances prevented timely filing when the prior policy was in effect, but such cases are limited and require evidence.3

Proposed Solutions and Advocacy

Advocacy groups are urging Congress to act quickly to address the Indian kids green card risk before the August 15, 2025, deadline.4 Other proposed reforms include increasing per-country caps for employment-based visas, exempting dependents from annual visa quotas, and recapturing unused visas from previous years to speed up the backlog.4

One such bill, the bipartisan America's CHILDREN Act, aims to protect dependent children from aging out by locking in their age at the time a green card petition is filed.5

The Human Cost

The Indian kids green card risk is more than an immigration technicality; it is a matter of family unity, fairness, and the future of U.S.-raised children.3 August 15, 2025, is a potential turning point for many Indian-origin families, as it could decide whether they can stay together in the country they call home.6

Many US-raised children affected by this risk have attended American schools, participated in community programs, and planned their college careers in the U.S. The delay can push dependent children past the age of 21 before their priority date becomes current, causing them to lose eligibility as dependents.2

The policy shift disproportionately affects Indian-origin families because they make up the largest portion of H-1B visa holders in the United States.2 This delay can force them to pay international tuition rates or face deportation.

References

1. USCIS Policy Manual Update: Child Status Protection Act Age Calculation Method
2. India: EB-2 and EB-3 Green Card Backlogs
3. Indian Kids Green Card Risk: The Human Cost
4. Congress Urged to Address Indian Kids Green Card Risk
5. America's CHILDREN Act
6. August 15, 2025: A Potential Turning Point for Indian-Origin Families

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