The Trump administration announced a significant policy change last week affecting children of H-1B visa holders, rescinding protections that allowed these young adults to retain legal status as their parents pursue green card applications.
Biden Era Child Status Protection Rules Modified By DHS
The Department of Homeland Security (DHS) stated it was reversing a Biden administration rule that had shielded children from losing their legal status when they turned 21 while their parents’ green card petitions were still pending.
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This change coincides with adjustments at the US Citizenship and Immigration Services (USCIS) aimed at aligning regulations with President Donald Trump’s directives to tighten immigration controls.
This policy shift could affect approximately 200,000 children and young adults currently under the protection of the prior rule.
Child Status Protection Act (CSPA) Benefits
Under the Child Status Protection Act (CSPA), certain children became eligible in February 2023, during the Biden administration, to maintain their legal status even if they “aged out” while waiting for their parents’ green cards to be processed. This meant that these young adults would not lose their protected status solely because they turned 21 during the wait.
However, the Trump administration has withdrawn these extensions as of Friday, declaring that CSPA protections will now only apply once a visa becomes available through the Department of State. USCIS officials explained that this would create a more consistent system for those applying for immigrant visas and adjustment of status.
“The Feb. 14, 2023, policy resulted in inconsistent treatment of aliens who applied for adjustment of status in the United States versus aliens outside the United States who applied for an immigrant visa with the Department of State,” USCIS said in a statement.
H-1B Dependents Facing Longer Wait Times
Due to prolonged processing times, particularly for individuals on H-1B and other temporary visas, the revised policy means dependent children may now lose their legal status upon turning 21.
Even those who have spent most of their lives in the U.S. could face the possibility of having to leave the country once they “age out,” as the protections previously extended by the Biden administration are no longer in effect.
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Zubair Amin is a Senior Journalist at NewsX with over seven years of experience in reporting and editorial work. He has written for leading national and international publications, including Foreign Policy Magazine, Al Jazeera, The Economic Times, The Indian Express, The Wire, Article 14, Mongabay, News9, among others. His primary focus is on international affairs, with a strong interest in US politics and policy. He also writes on West Asia, Indian polity, and constitutional issues. Zubair tweets at zubaiyr.amin
