Over 300,000 immigrant children whose lawful presence in the United States depend on visas nearing termination face forced removal from the country as the clogged immigration system fails to process their applications for other visas on time. This includes children of skilled Indian immigrants in the country on a variety of visas.
The issue dates as far back as 2002, with Congress recognizing that thousands of families would be torn apart as thousands of children grow past the age limitation for their respective visas and cannot acquire green cards on time due to setbacks in the application system.
In response to the problem, then-president George W. Bush enacted the Child Status Protection Act (CSPA), giving the affected children time to receive their green cards or seek other viable visas to remain in the country. While the CSPA brought some relief to immigrant families, it was not a perfect solution. As many immigration rights advocates note, the CSPA may have prevent some families from being separated, but some families were definitely not as fortunate.