The Trump administration changed its policy on Friday, allowing children of holders of H-1B visas to age out of their protected legal status as their parents apply for green cards.
In its statement, the Department of Homeland Security (DHS)stated that it was modifying a Biden administration regulation that shielded young adults from surrendering their legal status if a parent’s petition was still processing when their children turned 21.
The move, which coincides with news changes at the US Citizenship and Immigration Service (USCIS) to align regulations with President Donald Trump’s orders to tighten immigration controls, may impact about 200,000 children and young adults.
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What we know about new USCIS policy change
The USCIS policy change impacts people covered by the Child Status Protection Act (CSPA), which was made available to certain children in February 2023 under the ex-President Joe Biden’s government as soon as their parents were qualified to apply for a green card.
Therefore, they would not lose their legal status even if they “aged out” while waiting for a green card.
The Trump administration withdrew those extensions on Friday, stating that CSPA provisions would again be provided when a visa is made available through the Department of State. This would establish a more uniform process for individuals seeking immigrant visas and adjustment of status, according to USCIS.
“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,” the USCIS stated.
Extended waiting periods for applications to change their status, especially for those with H-1B and other temporary visas, may now result in a dependent child losing their legal status and possibly having to depart this nation when they turn 21, even if they have spent the majority of their lives here.
