Page 74 - Khabar Magazine (February 2020)

CoverStory

While the total number of un- “For Indian nationals, there are back-
documented immigrants may have logs in both the family-based immi-
gone down in recent times, it may gration system and in the employ-
be ironic to know that number of ment-based system. This means
undocumented Asians and par- that family members may have
ticularly Indians is on the rise. Ac- to remain apart for many years.
cording to a study entitled Inside Sometimes they come to the U.S.
the Numbers: How Immigration Shapes to join other family members on a
Asian American and Pacific Islander temporary or nonimmigrant visa,
Communities conducted by Los Angeles- such as a tourist visa or a student visa,
based civil rights organization and when their status runs out,
Asian Americans Advancing Jus- “Because the U.S. continues to provide they may overstay their visa for a
more H-1B visas than there are green cards
tice (AAJC), out of the 10.7 million available for Indians on H-1B visas to adjust variety of reasons.”
undocumented immigrants as es- their status, many Indian families are stuck However, immigration ex-
timated by Center for Migration in temporary nonimmigrant H-1B status,” perts maintain that the issue of
Studies, 1.7 million are Asian. This says Megan Essaheb, director of immigration undocumented status is not re-
means that approximately 16% of advocacy at Asian Americans Advancing ally black and white. Essaheb
undocumented immigrants in the Justice (AAJC). (Photo courtesy of AAJC) also explains how the ongoing
high-skill immigration delays
More staggeringly, there was a 72% increase in may be contributing to the crisis. She says, “One ex-
ample is the case of H-1B visa holders. Because
the number of undocumented Indians between the U.S. continues to provide more H-1B visas than
2010-2017. As per South Asian Americans Leading there are green cards available for Indians on H-1B
visas to adjust their status, many Indian families
Together (SAALT), a national South Asian civil are stuck in temporary nonimmigrant H-1B status.
rights organization, there are now over 600,000 When the child of an H-1B visa holder turns 21, they
lose their H-1B status and if they do not leave the U.S.
Indians who are undocumented. they may become undocumented.

“Other people make the decision to stay for a vari-
country are from Asia, making them the third largest ety of reasons such as medical needs, conditions back
group of undocumented immigrants in the country, home or a lack of support network back home. Some-
preceded by Mexicans and Central Americans. times, people are waiting in line to get a green card
The study also reveals that at 37%, In- and their sponsor dies causing them to fall
dia tops the list of undocumented im- out of the line.”
migrants from Asian countries. For Sunayana Dumala of Olathe,
More staggeringly, there was a 72% Kansas, the problem sounds all too
increase in the number of un- familiar. In 2017, Dumala caught
documented Indians between national attention when her hus-
2010-2017. As per South Asian band Srinivas Kuchibotla was shot
Americans Leading Together in a mindless racist attack. Follow-
(SAALT), a national South Asian ing this traumatic experience, she
civil rights organization, there are faced another blow—the fear of be-
now over 600,000 Indians who are ing rendered out of status. Recount-
undocumented. More visa overstays ing her horror, she says, “The moment
were from India than any other country. the officer who came to my house that
[See the Sidebar for more statistics.] night shared that Srinu was no
Perpetrators or victims? Highlighting the fact that most South Asians more, I knew that my status in the
enter the country legally, Amy Bhatt, a
On why there is a rising num- professor and a researcher on transnational U.S. would be in jeopardy—this de-
ber of undocumented Indians, Me- migration who has written books on South spite the fact that I had studied,
gan Essaheb, director of immigra- Asian migration patterns, says, “The line lived, and worked in the country for
tion advocacy at AAJC, explains, between ‘legal’ and ‘illegal’ is a thin one.” several years.”
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70 • FEBRUARY• 2020 KHABAR MAGAZINE