NEWS: Green Card waitlist for Indians is more than 195 years, says U.S. senator

By Legal Wires 8 Minutes Read

A top Republican Senator urged the Senate to find a legislative solution to the backlog for an Indian national to get permanent residency or Green Card which is more than 195 years.

Having a Green Card (officially known as a Permanent Resident Card allows you to live and work permanently in the United States. The steps you must take to apply for a Green Card will vary depending on your individual situation[1].

Green Card is a privilege granted to the immigrant that he can now call himself a permanent resident of the place.

Senator Mike Lee showed his concern regarding the current Green Card policy that did nothing for the immigrant’s child whose dead parent’s Green Card application was ultimately denied because his or her job was no longer available.

In the light of the jurisprudence it is always noted that the interest of the minor or child is prima facie to be kept on the top as a child is considered as a vulnerable segment of population.

“Someone from India entering the backlog today would have to wait 195 years to receive an EB-3 green card. Even if we give their children this limbo status, none of them will have a prayer of becoming a U.S. citizen,” Lee said on the Senator floor.

In fiscal year 2019, Indian nationals received 9,008 category 1 (EB1), 2,908 category 2 (EB2), and 5,083 category 3 (EB3) Green Cards. EB1-3 are different categories of employment-based Green Cards.

Mr. Lee, the senator from Utah, was speaking on the legislation moved by Senator Dick Durbin that seeks to protect immigrant workers and their children who are stuck in the green card backlog.

Indeed, the scenario with the immigrants in India is different is we look into the provisions of Citizenship Amendment Act that discriminates on the basis of religion and not nationality. The Green Card is a rational discrimination and should be welcomed in the International Domain as the privilege of being a citizen of country is truly a privilege that shall be given to the ones who have the feeling of nationalism towards that nation.

“Green cards are critical in the lives of so many who are here on temporary work visas. The backlog puts families at risk of losing their immigration status as they wait year after weary year to finally make it through this green card backlog,” Mr. Durbin said.

“Our bipartisan agreement would add critical protections that were not in the original bill for immigrant workers and their immediate family members who are stuck in the backlog. They would be able to switch jobs and travel without losing immigration status. And children of immigrant workers would be protected from ageing out so they will not face deportation,” he said.

The Lee-Durbin agreement would make three changes to the Fairness for High-Skilled Immigrants Act. First, it would immediately protect immigrants and their families who are stuck in the backlog by allowing them to “early file” for Green Cards.

This would allow workers to switch jobs and travel without losing immigration status and prevent the children of immigrant workers from “ageing out” of Green-Card eligibility so they will not face deportation while they are waiting for a Green Card.

Second, the amendment would create a green-card set aside for immigrant workers who are unable to “early file” because they are stuck in the backlog overseas.

Finally, the amendment would crackdown on abuse of H-1B temporary worker visas by outsourcing companies by prohibiting a company from hiring additional H-1B workers if the company’s workforce is more than 50 employees and more than 50% temporary workers.

The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Companies depend on it to hire tens of thousands of employees each year from countries like India and China.

Recently, the lottery of H-1B visa was postponed due to certain conflicts between India and US in regard with the vaccine of Covid-19. But in case the Senate comes out with a legislative solution then that will surely a win-a-win situation for the immigrants and the relations between the two nations will also prosper.

“While we continue to debate the best way to fix the Green Card backlog, let’s make sure that no children of the affected families are harmed or deported. Just that simple. I offered a new bill, very simply stated, to protect children of immigrant workers act. This brief three-page bill would ensure that children do not age out while waiting for a Green Card,” Mr. Durbin said.

“Imagine if you brought your children to the United States, worked on an H-1B visa and your children are waiting for you for the Green Card, you are paying for them to go to college because they don’t qualify as American Citizens for any type of federal financial aid. You’re making great sacrifices for them and then the day comes when they reach the age of 21 and they can be deported and your family divided,” he said.

“Why would we want to let that happen?” Mr. Durbin asked.

“That’s why I wanted to offer this specific single provision. There is no reason these children should be punished for a broken immigration system. It’s not beyond our control to help them,” he added.

[1] Source Link.