Embedded Files
An overview
A bipartisan group of lawmakers has made an urgent appeal to the Biden administration to take administrative action and protect the children of green card applicants. The issue at hand is the potential for these children to be forced to leave the U.S. if they turn 21 before their parents obtain permanent residency due to the employment-based green card backlog.
The Letter
On June 13, 2024, a bipartisan group of 43 lawmakers sent a letter to Homeland Security Secretary Alejandro Mayorkas and U.S. Citizenship and Immigration Services Director Ur Jaddou. The letter urges the administration to consider three key policy changes:
Clarify the Applicability of Deferred Action
This would provide a case-by-case pathway for children who "age out" of status to remain in the U.S.
Other Benefits
Expand eligibility for Employment Authorization
This would allow dependent children of visa holders and individuals with approved I-140 petitions to obtain work authorization.
Create a process for parolee
This would enable children who have aged out to seek parole on a case-by-case basis for humanitarian reasons or significant public benefit.
The Challenge and Potential Solutions
The need for change
While these proposed policy changes offer potential relief, the path to permanent residency for these children remains complex. Immigration attorney Cyrus Mehta highlights the temporary nature of these solutions and the need for a more permanent legislative fix.
Mehta also emphasizes the importance of advancing the "Dates for Filing" in the State Department Visa Bulletin to allow those waiting in employment-based green card categories to file I-485 applications for adjustment of status. This would provide individuals with employment authorization, travel benefits, and protect the age of the child for immigration purposes.
The Ongoing Impact
Businesses should also consider the potential impact on their workforce dynamics. The changes in IR35 may influence the way companies engage with contractors, affecting project timelines, staffing flexibility, and overall business operations. Adapting to these changes requires strategic workforce planning.
Conclusion
The call for policy changes reflects growing concern over the plight of children caught in the green card backlog. As we await further developments, it is crucial to keep the focus on finding solutions that provide these young people with the stability and security they deserve.
Disclaimer
This blog post is intended for informational purposes only and should not be taken as legal advice. Please consult with one of our immigration law experts for guidance on your specific situation.
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