Who are Documented Dreamers?

Documented Dreamers are the children of parents who obtained a temporary nonimmigrant visa to work in the United States. The minor children of an H-1B visa holder, for example, can come to the U.S. as H-4 dependents. Similarly, children of L-1 visa holders can have L-2 status. This is known as “derivative visa status.” These children often spend a large portion or, in some cases, even most of their lives in the U.S., attending American schools and contributing to their communities in the same ways other young people do.

What is/are the primary challenge(s) involved?

Documented Dreamers are legally allowed to reside, work, and pursue education within the U.S. for the duration of their derivative visas. Their legal status, however, becomes threatened as they approach the age of 21. Children who enter the U.S. with derivative status are only eligible to obtain permanent residence (also known as a “green card”) through a parent before they turn 21. If they are unable to obtain a green card through their parent before reaching the age of 21, they have “aged out.” At this point, Documented Dreamers are no longer protected through their derivative status. When children age out, they must acquire legal status separately, such as through a student visa. Otherwise, they will have no choice but to depart the country, sometimes having to return to a country they hardly know.

The Immigration Act of 1990 determined that no more than 7% of available green cards will be distributed to any given country each year. This results in a maximum of 44,100 family-based and 14,700 employment-based green cards available to each country. This system, however, has not been able to accommodate the needs of American communities and the exponential growth of immigrants attempting to acquire permanent status. As a result, parents and their children with temporary status face enormous wait times for a green card. Those most affected are Indian or Chinese nationals; for skilled Indian nationals, the estimated wait time can be up to 89 years.

As of June 2024, there are around 250,000 Documented Dreamers at risk of aging out of their derivative status. Because of the massive backlogs for individuals seeking permanent legal status, a large majority of these Documented Dreamers are left in legal limbo. Once a Documented Dreamer has aged out, it becomes very difficult to obtain legal status, leaving them with few options. If a Documented Dreamer is able to secure status separately from his or her parents, such as through employer sponsorship or a student visa, he or she must then re-enter the green card queue at the back of the line. This further decreases the chance that the Dreamer will achieve permanent legal status in the U.S.

What are some possible ways this could this be addressed?

The bipartisan “America’s CHILDREN Act” (S. 1667/H.R. 3442) is one possible solution that creates a new, uncapped pathway to lawful permanent resident status and eventual citizenship for most Documented Dreamers. This removes the issue of backlogs and streamlines the process to achieve a green card, reducing the risk of aging-out.

In order to eligible under this bill, individuals must:

• Not be subject to certain inadmissibility bars;
• Have been admitted to the United States as a dependent child of a parent who was admitted to the United States in a nonimmigrant visa category (such as the H-1B) with approval of an employer’s petition or with status under the E visa category and legally present in the country under such status for at least 4 years;
• Have been present in the United States for an aggregate period of at least 10 years; and
• Have graduated from an institution of higher education.