A large group of individuals who came to the U.S. as children are approaching adult status and face the risk of deportation. These children of noncitizens typically came to the U.S. with parents who received temporary work visas and remain in the country. However, when these children turn 21, without additional legal status, they face deportation. This group, commonly known as Documented Dreamers, will ‘age out’ upon reaching adulthood.

In order to stay in the country, these individuals must apply for and be granted their own immigration status once they turn 21. If not received, they are required to depart the U.S. or face immigration enforcement and potential deportation.

If one or both parents receive Lawful Permanent Resident (LPR) status before their children reach adulthood, their child(ren) can also apply for LPR. However, many temporary workers who have not received LPR status are not eligible for the status. In these situations, the children must apply for their own individual status.

Add to this the continued backlog of adjudication requests for green cards. Particularly for immigrants from India and China who have been waiting up to a decade for their case to be handled, it’s a particularly difficult challenge. Due to the per-country cap requirement, it is estimated that Indian nationals may have to wait over 80 years for their green card.

As of April 2020, an estimated 253,293 children are waiting for a green card through their parent’s immigration status. One estimate of over 100,000 of these children will age out before their parents’ cases can be adjudicated.

The Deferred Action for Childhood Arrivals (DACA) is one option available to these individuals. However, DACA requires that the person have no lawful immigration status as of June 15, 20212. As such, many Documented Dreamers are not eligible for DACA. Two pieces of proposed legislation, the Dream Act and the American Dream and Promise Act of 2021 address this gap. The American Dream and Promise Act was introduced in March 2021 in the House. The Senate introduced the Dream Act in February 2021. Both Acts are currently pending.

In addition, the America’s CHILDREN Act of 2021 was introduced. It is the first legislation proposed that focused on Documented Dreams specifically and has broad support from both parties in both the House and the Senate. This proposal expands eligibility to children with parents who came to the U.S. with additional types of temporary work visas. It also creates a path to citizenship for current and future Documented Dreamers. If certain provisions are met, it also keeps children from aging out when they turn 21, among other benefits.

If you have questions about your immigration status, contact us at ILBSG. We can help you determine your best next steps to remain in the U.S. lawfully.

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