Self-Deportation and Its Impact on Indian Dependents in the US

The US visa process is a complex and ever-changing system that impacts thousands of Indian immigrants each year. A growing concern among dependent visa holders, especially those on H-4 visas, is the risk of self-deportation when they age out at 21. Due to green card backlogs, H-1B visa restrictions, and shifting US immigration policies, many young Indian immigrants face uncertain futures. Understanding the US work visa system, including H-1B sponsorship, green card processing times, and alternative visa options, is essential for those looking to maintain their legal status. In this article, we explore the challenges of aging out of H-4 status, recent policy changes, and potential solutions for affected individuals.

A growing number of Indian immigrants in the US, who arrived as children on H-4 dependent visas, are facing the risk of self-deportation. Upon turning 21, they lose their dependent status and must secure a new visa to remain legally in the country. Recent changes in immigration policies have further heightened concerns, leaving many uncertain about their future.

1. What is Self-Deportation?

• Definition: Self-deportation occurs when an immigrant voluntarily leaves a country due to legal restrictions.
• Difference from Forced Deportation: Unlike government-enforced deportation, individuals choose to leave to avoid legal consequences, employment restrictions, or lack of documentation.

2. Indian Youth Caught in Visa Limbo

• Aging Out: Nearly 134,000 Indian children were expected to lose their dependent status as of March 2023.
• Green Card Backlog: US employment-based green card applications for Indians have an estimated wait time of 12 to 100 years.
• Limited Options: Many of these youth must either return to India, a country they barely know, or remain undocumented in the US.
• Exploring Alternatives: Canada and the UK offer more flexible immigration policies, leading some to seek opportunities there.

3. H-1B Visa and Legal Setbacks

• H-1B Registration: USCIS has opened the H-1B visa registration for the fiscal year 2026 (March 7–24).
• Annual Cap: 65,000 visas.
• Additional 20,000 visas reserved for applicants with US master’s degrees.
• DACA Ruling: A Texas court ruling has blocked new work permit applications under the Deferred Action for Childhood Arrivals (DACA) program, further reducing options for dependent visa holders.

4. Controversy Around H-1B and Green Card Backlogs

• Bernie Sanders' Criticism:

  • Claims H-1B primarily benefits corporations over American workers.
  • Proposed doubling H-1B fees to generate $370 million annually for 20,000 STEM scholarships.
  • Advocates raising the minimum wage for H-1B workers to prevent undercutting American salaries.

• Employment Trends:

  • Between 2022 and 2023, the top 30 H-1B employers hired 34,000 foreign workers while laying off 85,000 American employees.

• Green Card Backlog:

  • 1.07 million Indian applicants are stuck in EB-2 and EB-3 queues.
  • Estimated processing time: Up to 134 years.

5. Conclusion

The immigration crisis for Indian dependents in the US remains a pressing issue, with thousands at risk of losing their legal status. With limited options available, many are now seeking alternative pathways in Canada and the UK. Meanwhile, policy changes and legal battles continue to shape the future of US immigration.

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