New Delhi:
US President Donald Trump’s executive order seeking to ban birthright citizenship for children of temporary visa holders was a bolt from the blue for immigrants, especially Indians, in America. Although on hold for now after a legal challenge, the policy has left thousands of Indians, expecting to be parents shortly, in limbo.
For Indian professionals on H-1B visas, the impact is huge. Many assumed their US-born children would automatically get citizenship, but the order now threatens to upend those expectations.
“This impacts us directly,” said Akshay Pise, an Indian engineer in San Jose, California, whose wife, Neha Satpute, is due this month. “If the order takes effect, we don’t know what comes next – it’s uncharted territory,” he told BBC.
With their due date approaching, the couple briefly considered inducing labour early but decided against it. “I want the natural process to take its course,” said Ms Satpute. Mr Pise added, “My priority is safe delivery and my wife’s health. Citizenship comes second.”
The panic has led to reports of parents going for early C-sections to secure their child’s US citizenship. But Satheesh Kathula, president of the American Association of Physicians of Indian Origin (AAPI), advised against it. “In a country with strict medical laws, I strongly advise against preterm C-sections just for citizenship,” he said.
San Jose resident Priyanshi Jajoo, expecting in April, told BBC, “Do we need to contact the Indian consulate for a passport? What visa applies? There’s no clear information.”
New York-based immigration attorney Cyrus Mehta said, “US law has no provision for granting non-immigrant status to a person born here.” Without birthright citizenship, children of H-1B holders could face legal uncertainty.
Ms Satpute said the uncertainty is stressful. “Pregnancy is stressful enough, but we thought after a decade here it would get easier – then this happens on top of everything.” Her husband said they were legal, tax-paying immigrants, and the baby deserved US citizenship.
“It’s been the law, right?” he said.
Indians, the second-largest immigrant group in the US, would be among the most affected by the order. Over five million hold non-immigrant visas, and under the new rule, their US-born children would no longer receive citizenship.
“Indians face the longest green card backlog of any nationality,” said immigration policy analyst Sneha Puri. Current laws limit green cards to 7 per cent per country, and with Indians receiving 72 per cent of H-1B visas each year, the backlog has grown to 1.1 million.
Cato Institute’s immigration director, David Bier, warned, “New Indian applicants face a lifetime wait, with 4 lakh likely to die before getting a green card.”
The order also affects undocumented immigrants, ending birthright citizenship for their US-born children, who could previously sponsor their parents for a green card at 21.
Estimates on undocumented Indians vary – Pew Research says 7.25 lakh, while the Migration Policy Institute estimates 3.75 lakh.
For Indians on H-1B or O visas, the biggest concern is their children’s future. Visa holders must leave the US for visa stamping, often facing delays. Many worry their kids will face the same struggles.
