Green Card Seekers’ Kids Get Protections in New Biden Policy

Biden just gave a big break to the "aged out documented dreamers" mostly chineese and indians.

I'm a bit comfused tho, can Binden just update the rules on his own? no congress required? lol


https://news.bloomberglaw.com/daily-...d-age-out-rule

The law section in question is INA 203(h)(1):

For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 1101(b)(1) (i.e. whether they count as a child) of this title shall be made using-

(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by

(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.


I guess you can take a creative reading of section A and pretend that it became available on the "Dates for filing table", but I don't think any court would uphold this as the visa number isn't actually available until the final action date. Like for example USCIS can take your I-485 early, but they cannot actually approve it and issue you a green card until the final action date passes.

Is crystal clear to me, if the visa was available when they applyed, then they would already had the visa lol. But obiously it wasn't and the wait times are crazy so if the visa then became avaible when they became adults then they no loger qualify as children. Seems like an easy case for a judge.

Biggest problem I guess is proving standing to sue. Though I'm sure they can probably find some other EB-3 Indian to complain that they have to wait longer because these over 21s managed to cut the line.