Message to "Documented Dreamer" Athulya Rajakumar: You’re not even a legal immigrant; you’re not even legally in the United States in the first place. In fact, you’re an illegal alien. You’re certainly not an American.

The so-called “Documented Dreamers” are at it again, arrogantly demanding a special amnesty for their parents’ bad decisions. Documented Dreamers are the minor children of aliens admitted to the United States on special investment, employment, or international commerce Non-Immigrant Visas (NIV). An NIV is for a temporary visit for a limited period of time, most commonly used by tourists and business visitors in the United States. There are, however, certain NIVs that allow for an essentially unlimited period of time in the United States, subject to mostly annual renewals. These NIVs are usually the E-NIVs for treaty traders and investors. See my work on this frequently abused NIV and its connection to the so-called Documented Dreamers here: The Latest Amnesty Push: Queue-Jumping Children Of Legal Temp Visa Holders Want To Stay, December 6, 2021. Enjoy the links in this post where I delve deep into the problem with the E-NIVs!

Our queue jumper in this instance is illegal alien Athulya Rajakumar.

An Indian-American documented dreamer has told lawmakers that she is an American and hopes to be recognised as one and not forced to leave the US in eight months in the absence of any meaningful legislative reforms in the immigration system that addressed the issue of aged out kids…

Testifying before the subcommittee during a hearing on “Removing Barriers to Legal Migration,” the Indian-American told the Senators that over 5,000 documented dreamers face this every year.

Indian-American Documented Dreamer Tells Lawmakers She’d Be Forced To Leave US Without Change In Immigration System, Daily Excelsior, March 22, 2022

Arrogant Illegal Alien Athulya Rajakumar

And like other ingrateful illegal aliens, Rajakumar is demanding an amnesty for her because her parents did not think ahead. And, yes, Rajakumar is an illegal alien. A discerning reader would see from the story that our arrogant illegal alien is in the United States on a student NIV, F-1. And, yes, ostensibly Rajakumar is an alien who was lawfully inspected and admitted in that NIV category.

However, that assumes that Rajakumar did not fraudulently obtain her F-1 NIV. One of the conditions of applying for, obtaining, and entering the United States on any NIV is that the alien is not an intending immigrant, i.e., that the alien is not using an NIV to enter the United States to live permanently using the NIV in place of an Immigrant Visa (IV). Immigration law prohibits the use of NIVs to circumvent the requirement for an IV if the alien in question is seeking to live in the United States.

In our case, Rajakumar entered the United States as a dependent of an employment-based NIV and then likely adjusted her status or obtained an F-1 NIV when she became an adult and was no longer eligible for a dependent’s NIV based on her parents status at age 21. Rajakumar is subject to the prohibition on using an NIV as a substitute for an IV, subject to another provision that prohibits false statements and misrepresentations on visa applications, Title 18 United States Code Section 1546, Fraud and Misuse of Visas.

The limited exception for using an NIV with the intent of immigrating permanently is the dual-intent exception for those on H and L NIVs; however, F-1 NIV holders are required to have an unrelinquished residence abroad as part of the evidence presented to the Consular Officer during an NIV application or to an Immigration Officer at the time of adjustment of status in the United States as evidence that they are not an intending immigrant.

Clearly Rajakumar was always intending to immigrate to the United States. Consequently, she is also liable for a violation of Title 18 United States Code Section 1001, False Statements, when she filed her application for an F-1 NIV, assuring the Consular Officer or Immigration Officer that she was not an intending immigrant during the application process. She lied to that officer and fraudulently obtained an F-1 student visa with the intent of living in the United States, not as a legitimate student visa holder.

But that is not enough: this arrogant illegal alien is claiming that she is an American. And she made that claim in open testimony, under oath, to a committee of Congress. That false claim to American citizenship is also a crime, a violation of Title 18 United States Code Section 911, False Claim To U.S. Citizenship.

“We are Americans, and all we hope is to be recognised as that, to finally give meaning to the lives we have lived here so far. I hope you can improve the dream for all of us,” Rajakumar said.

Note the sense of entitlement and contempt for American immigration law. Rajakumar thinks she is above the law, is committing visa fraud and falsely claiming to be a United States citizen, and demanding that Americans accommodate her. And why is she afraid to go back to India? Is it such a shithole?

And note the admission that her parents knew the problem they were creating:

“I learned very young that every aspect of my life would be controlled by my status,” she said.
“Erin, a nursing graduate was forced to self-deport last summer in the midst of a pandemic,…A data analyst student was forced to self-deport two months ago, Summer will be forced to self-deport in four months, even though her family has legally resided here since she was a baby,” she said.

Of course, Congress is to blame for allowing certain NIV holders to live indefinitely in the United States with no possibility of adjusting their status to Lawful Permanent Resident (LPR), but that in no way justifies the failure of her parents to deal with the problem, nor does it justify her outrageous arrogance. Rajakumar should instead be thanking Americans for the privilege of living most of her life here.

Rajakumar should be on the next flight out to India. In fact, she is doubly an illegal alien, as she has graduated from college and her F-1 NIV has likely expired, as foreign students have 30 days to leave the United States. We just don’t know her graduation date.

“Without a change in eight months, I will be forced to leave, not only my home of 20 years but also my mom who is my only family left,” Athulya Rajakumar, a 23-year-old recent graduate of the University of Texas at Austin from the Moody College of Communication, told members of the Senate Judiciary Subcommittee on Immigration, Citizenship and Border Safety on Tuesday.

And what 23-year-old is graduating from college with a bachelor’s degree? I’ll bet she deliberately extended her studies, changing majors, maybe getting a second degree, all to delay her departure from the United States. For the record, the usual scam of dependents of E, L, and H NIV holders is to adjust status to F-1 when they age out, but an F-1 NIV is supposed to be used for a course of study leading to a degree, not to avoid deportation and live in the United States. Nor do I understand this “eight months” she is talking about. If she has graduated, she must depart the United States upon completion of her course of study in a timely fashion. As of now, she is an illegal alien, an overstay of her period of admission, obviously at a minimum, not taking into account her fraudulently having obtained a student visa.

The real solution, though, is to arrest this fake Documented Dreamer and deport her to India.