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US lawmakers have shown bipartisan support to revive the America’s Children Act, a bill aimed at providing a pathway to citizenship for over 250,000 “documented dreamers” who risk losing their legal status after turning 21.
These are children born outside the US—often in India—who were brought legally by their parents on non-immigrant visas like H-1B. When they turn 21, they “age out” of their dependent H-4 visas and must either leave the country or switch to a student visa.
The bill, called the America’s Children Act, would establish age-out protections, allowing documented dreamers to keep their place in the green card queue after turning 21. This would preserve their legal status and help prevent families from being separated due to outdated immigration rules.
Indians are most affected because of decades-long green card backlogs. According to David J. Bier of the Cato Institute, as of March 2023, the employment-based green card backlog for India (EB-2 and EB-3) reached 1.07 million, with nearly 134,000 children expected to age out before getting a green card. Green cards are capped at 7 per cent per country, regardless of applicant numbers, which worsens the impact on Indians.
The bill will be reintroduced by Senators Alex Padilla (D) and Rand Paul (R), along with Representatives Deborah Ross (D) and Mariannette Miller-Meeks (R).
It aims to create a pathway to permanent residency for documented dreamers who meet criteria such as: being lawfully present in the US for at least eight years before turning 21, being lawfully present for ten years when filing the petition, and graduating from a US higher education institution.
Impact Shorts
More ShortsSenator Padilla said, “The long green card wait times have forced many young people who have known no other home but America to leave the country. This bill is about righting a wrong created by an outdated immigration system. It prevents hardworking youth from ‘aging out’ of their parents’ visa status and opens additional green card opportunities for documented dreamers.”
The bill did not pass under the Biden administration, prompting its reintroduction. Advocacy groups including Improve the Dream, Americans For Prosperity, and the National Immigration Forum have endorsed it. Dip Patel, founder of Improve the Dream, said, “Fixing this loophole ensures America benefits from the talents and ambitions of the children it raised and educated. We urge Congress to act swiftly and pass the America’s Children Act.”
This bipartisan effort is the latest attempt to protect documented dreamers amid ongoing debates on US immigration reform.
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