New Delhi:
The executive Order of US President Donald Trump to ban the citizenship of birthright for children of temporary visa holders was a bolt of nothing for immigrants, especially Indians, in America. Although for the time being put on hold after a legal challenge, the policy has left thousands of Indians, in the expectation that they will soon be parents, in the dark.
The impact is enormous for Indian professionals on H-1B-Visa. Many assumed that their children born in the US would automatically get citizenship, but the order is threatening to increase those expectations now.
“This has direct consequences for us,” says Akshay Pise, an Indian engineer in San Jose, California, whose wife, Neha Satpute, must be this month. “If the order comes into force, we don't know what's coming – it's unknown territory,” he said BBC.
With their expiry date, the couple was approaching to induce the workforce early, but decided not to do it. “I want the natural process to go,” said Mrs. Satpute. Mr Pise added: “My priority is safe delivery and health of my wife. Citizenship comes in second place.”
The panic has led to reports of parents who go for early C sections to secure the American citizenship of their child. But Sathesh Kathula, chairman of the American Association of Physicians of Indian Origin (AAPI), advised against it. “In a country with strict medical laws, I strongly advise premature C sections for citizenship,” he said.
Resident of San Jose Priyanshi Jajoo, expected in April, BBC said: “Should we contact the Indian consulate for a passport? Which visa applies? There is no clear information.”
The immigration lawyer Cyrus Mehta, based in New York, said: “US law has no provision for granting non-immigrant status to a person born here.” Without the citizenship of birthright, children of H-1B holders could have to deal with legal uncertainty.
Mrs. Satpute said that the uncertainty is stressful. “Pregnancy is stressful enough, but we thought it would be easier after a decade here – then this happens on top of everything.” Her husband said they were legal, tax -paying immigrants and the baby earned American citizenship.
“It has been the law, right?” he said.
Indians, the second largest immigrant group in the US, would be one of the most affected by the order. More than five million own non-immigrant visa and under the new rule they would no longer receive citizenship born in the US.
“Indians are confronted with the longest green card disadvantage of every nationality,” said Analyst of Immigration Policy Sneha Puri. Current laws limit green cards to 7 percent per country, and with Indians who receive 72 percent of the H-1B-VISA each year, the backlog has grown to 1.1 million.
The immigration director of Cato Institute, David Bier, warned: “New Indian applicants are confronted with a lifetime of waiting, with 4 Lakh probably dying before he gets a green card.”
The command also affects immigrants without papers and ends the citizenship of birthright for their children born in the US, who could sponsor their parents for a green card at the age of 21.
Estimates about Indians without paper varying – Pew Research says 7.25 Lakh, while the Migration Policy Institute 3.75 Lakh Treasure.
For Indians on H-1B or O-Visa, the greatest care is the future of their children. Visa holders must leave the US for visa stamps, often confronted with delays. Many are worried that their children will get the same struggles.
