The Latest Changes in US Visa policy for Indians

Indians to benefit from this US visa policy changE

• The Biden administration has announced a policy manual update to calculate a noncitizen's age in certain situations under the Child Status Protection Act (CSPA).
• This move is seen as a small but important step in addressing the woes of aged-out children who came to the US legally with their parents. A large number of these aged-out children are Indians.
• To obtain lawful permanent resident status in the United States based on their parent's approved petition for a family-sponsored or employment-based visa, a child must generally be under the age of 21.
• If the child turns 21 and "ages out" during the immigration process, they are generally no longer eligible to immigrate with the parent based on the parent's petition.
• The USCIS will use the Dates for Filing chart to calculate these noncitizens' ages for CSPA purposes under the new guidance. This provides these noncitizens with more certainty about their eligibility to adjust their status.
• The USCIS policy change is effective immediately and applies to pending applications. Some noncitizens with a pending application may now have a CSPA age that is under 21 based on this change.
• If these noncitizens are eligible to adjust their status because of the change in policy and they have filed for adjustment of status, they will also be eligible to apply for employment and travel authorization based on their pending adjustment of status application.
• The USCIS said this Policy Manual update will not prevent all children from ageing out before an immigrant visa is available to them, nor will it prevent children from losing nonimmigrant status derived from their parents upon reaching the actual age of 21.
• USCIS continues to explore all options available under the law to aid this population.
• Congresswoman Deborah Ross applauded USCIS for taking action to protect some of the 200,000 Documented Dreamers who call the United States home.
• Ross led her House and Senate colleagues in efforts to protect Documented Dreamers. She introduced the bipartisan, bicameral America's CHILDREN Act to provide a path to permanent residency to Documented Dreamers.
• Ross's amendment to prevent Documented Dreamers from ageing out of the system passed the House of Representatives as part of the National Defense Authorization Act in July 2022.