Indian Immigrants’ Kids Allegedly Lose Residency, Class Action Says

A class action lawsuit has been filed against the United States Citizen and Immigration Services and the U.S. Department of State by Indian immigrants and their parents who claim that certain provisions of the Child Status Protection Act (CSPA) violate their Fifth Amendment Rights.

The plaintiffs say the CSPA was enacted to prevent children from “aging out” when they reach 21 years of age, which would mean that they would lose their eligibility to immigrate to the United States with their parents.

The class action lawsuit states those children whose parents are born in India are excluded from the “aging out” provision of the law because of decades long waiting periods. The plaintiffs state that those children whose parents are not born in India are protected by the CSPA.

Prior to the enactment of the CSPA, the American Competitiveness in the Twenty First Century Act of 2000 was reportedly enacted which would allow for H1-B workers and their H-4 dependents to stay in that protected status. This law has allowed children who were brought to the United States by their parents to stay on H-4 status, grow up with their parents, and attend public school, according to the class action lawsuit.

“When such children turn 21, they are denied further H-4 extensions despite their parents receiving H-1B and H-4 extensions indefinitely, purely due to their parent’s national origin and even though they may still be considered children under CSPA for purposes of their immigration eligibility,” the class action lawsuit states.

One of the plaintiffs, Nagendra Kumar Nakka, allegedly brought his minor daughter to the United States when she was 4-years-old after being sponsored by his employer with an H-1B work visa. Nakka reportedly has permanent resident status by being sponsored by his employer and has H-1B extensions past the maximum of six years.

Nakka’s minor daughter Nitheesha was reportedly born in India in 1994 and traveled to the United States at age four as an H-4 dependent. She has allegedly resided here since then and has gotten the H-4 extensions beyond the maximum. However, she claims that by using the national origin-based India chart, she “aged out” of eligibility for residence.

She states in the Indian immigrants class action lawsuit that, when she was in high school, she was not allowed to apply to certain internships and scholarships because of her visa status, which caused her and her family financial and mental hardships.

Nitheesha says that she completed her undergraduate studies in economics and was offered four jobs, but the companies took back their offer after they found out that she needed sponsorship for a work visa. Nitheesha now fears that she will be separated from her family, the class action lawsuit states.

The plaintiffs allege that, since the enactment of the CSPA, the wait times for some nationalities, including India and China, have increased.

The class action lawsuit states that the unequal treatment afforded by the CSPA “results in protection from aging out and losing eligibility as a derivative for all other countries, and lack of protection for oversubscribed countries, such that children of Indian born immigrants no longer have any realistic chance to remain children for purposes of derivative eligibility.”

What do you think of the CSPA rules regarding Indian immigrants? Leave a message in the comments section below.

The plaintiffs are represented by Brent W. Renison of Parrilli Renison LLC.

The India Immigrants Class Action Lawsuit is Nakka, et al. v. U.S. Citizenship and Immigration Services, et al., Case No 3:19-cv-2099, in the U.S District Court for the District of Oregon.

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