Sweet dreams are made of this: The need for narrowly tailored statutory protection for documented dreamers

• Published date: 01 October 2023
• Author: Emily Fontanetta
• Date: 01 October 2023
• DOI: http://doi.org/10.1111/fcre.12746

STUDENT NOTE

Sweet dreams are made of this: The need

for narrowly tailored statutory protection

for documented dreamers

Emily Fontanetta

Maurice A. Deane School of Law at Hofstra

University, New York, USA

Correspondence

Emily Fontanetta, Maurice A. Deane School of

Law at Hofstra University, 121 Hofstra

University, Hempstead, NY 11549, USA.

Email: emilyfontanetta.fcrme@gmail.com

Abstract

The growing backlog of immigrant visa petitions and legal

permanent residentadjustment applications is a harsh reality

of the American dream. Dependent children of immigrants

can wait decades for their parents' visas to become current,

only to age out of dependent status before stepping foot on

American soil. Dependent children of nonimmigrants seeking

to become legal permanent residents age out before their

parents' adjustment application is approved –leaving them

at risk of removal. This Note proposes a temporary visa

status for these dependents, allowing them to maintain legal

status in America and remainwith their parents.

KEYWORDS

aging out, backlog, bipartisan support, competition, congress,

dependent, documented dreamers, dual-intent, economic growth,

immigrant visa, immigration and nationality act, new visa status,

nonimmigrant visa, plenary power, U.S. citizenship and

immigration services

Key points for the family court community

•In a letter to the Department of Homeland Security, a group

of America's largest companies warn that, without interven-

tion, as many as 200,000 children in the United States risk

aging out of their parents' immigration status and will likely

be sent back to their birth country, forcibly separated from

their parents.

DOI: 10.1111/fcre.12746

© 2023 Association of Family and Conciliation Courts.

902 Family Court Rev. 2023;61:902–917.

wileyonlinelibrary.com/journal/fcre

•The average age of dependents brought to the

United States with the expectation of living here per-

manently is 5 years old.

•Existing and proposed legislation reflects a protective spirit

towards children in the immigration system; however, there

is no remedy directly on point with the aging out problem.

•Companies like Google, Amazon, IBM, Salesforce,

Twitter, and Uber are losing out on foreign-born talent,

integral to their growth, who either cannot get into the

United States or are deterred by the stringent immigra-

tion policy and thus take their expertise to China or other

competitive coun tries.

•Children of immigrants exhibit high intellectual achieve-

ment, particularly in STEM fields, filling a gap in the

American workforce.

INTRODUCTION

At 6 years old, Niranjan waved goodbyeto life in Singapore and hello to the American dream.

1

Niranjan, his mother,

and his sister entered the United States as dependents of his father, Barathimohan, the principal beneficiary of an

H-1B temporary work visa.

2

For the next 5 years, the family was happily immersed in Americanculture; integrating it

into their own.

3

To solidify their place permanently,Barathimohan sent applications to adjust to legal permanent resi-

dent status (commonly known as “green card status”) on behalf of himself, his wife, and his children as his depen-

dents.

4

Niranjanwas11 yearsoldatthetime.

5

With awareness of long wait times for green card approval,

Barathimohan made sureto send the applications with ample time before Niranjan turned 21, at which pointhe would

age out of dependent status and no longer be eligible for a green card based on his father's status.

6

To the family's

surprise and dismay, 10 years was not long enough.

7

On the eve of Niranjan's 21st birthday, the applicationswere still

not processed.

8

Barathimohan, his wife, and his daughter maintainedstatus under the H-1B pending approval of the

adjustment application;but Niranjan did not.

9

Because he turned 21, Niranjanis out of status and at risk of removal.

10

He likely will have to leave his parents, his sister, and the country he has called homeforthelast 15 years.

11

This gap in American immigration law is ripping families apart and negatively affecting American businesses.

12

Many companies are unable to attract quality candidates because the candidates are scared that they will be

1

Aishvarya Kavi, They Grew Up in the U.S., but Cannot Stay After They Turn 21, N.Y. TIMES, April 30, 2022, at A16.

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Brian Fung, Big-Tech calls for Biden administration to let foreign workers' adult kids stay in the U.S., CNN BUSINESS https://www.cnn.com/2022/06/07/tech/

tech-giants-biden-adult-immigration/index.html [perma.cc/5ZUK-FRZT]

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