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New Policy Shifts on US Birthright Citizenship Spur Concern Among Indian Expatriates

Recent policy changes in the United States, introduced by President Donald Trump, could significantly impact the Indian expatriate community, especially those considering long-term residency or citizenship. In his latest term, Trump swiftly moved to end birthright citizenship, a change that abolishes automatic American citizenship for children born in the U.S. to non-resident parents.

This decision has left many, particularly Indian immigrants on H1-B and F-1 visas, in a precarious situation. Previously, children born in the U.S. to parents on these visas would automatically gain citizenship. Now, the path to citizenship for these children is in jeopardy, prompting a rush among Indian nationals to seek alternative pathways such as the EB-5 visa, which provides a possible route to a green card.

The controversial move by Trump was quickly challenged in court, with a federal judge temporarily halting the executive order on January 23. However, the uncertainty remains as legal proceedings continue and the administration’s firm stance on immigration casts long shadows on future policies.

Rohit Bhardwaj, Director of Private Clients at Henley & Partners India, predicts a surge in EB-5 visa applications among Indians currently in the U.S. This visa requires a substantial investment but provides a more assured path to residency, a crucial option given the extensive green card backlogs, particularly for Indians.

Legal challenges to the new policy have been robust, with numerous states filing lawsuits against the termination of birthright citizenship. This policy change not only affects undocumented immigrants but also those legally residing in the U.S., complicating the immigration status of families and potentially altering their life plans.

Experts note that the end of birthright citizenship could drive some immigrant families to consider returning to their home countries or investing abroad. Rishi Tiwari, Chief Business Officer at Square Yards, suggests that the uncertainty may reinforce the model of earning abroad but ultimately returning to settle in India, particularly among H-1B visa holders.

Furthermore, the real estate sector is also feeling the impact. Ravi Shankar Singh from Colliers India reassures that the ownership and transaction of real estate in the U.S. do not require citizenship, suggesting that property investments remain a viable option for Indians abroad despite the policy upheaval.

This significant shift in U.S. immigration policy is likely to affect the decisions of many Indian families in America, shaping not only their immigration choices but also their investment strategies and long-term planning.

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