Wednesday, September 28, 2011

Supreme Court to Decide Whether Children Can Count Parents' Time in the US in Immigration Court

The United States Supreme Court has agreed to decide whether immigrant children can count the time that their parents were in the United States to establish the residency requirements to obtain relief from deportation in Immigration Court. Legal permanent residents in deportation proceedings generally must establish seven years residence before the Immigration Court proceedings commenced to be eligible for relief from deportation. The Court of Appeals for the Ninth Circuit (California and the Northwest) has ruled that the time that an immigrant child's parents have been residents in the United States can be counted in determining the length of stay for the child's legal status. The Court of Appeals for the First Circuit (Massachusetts and New England) has not ruled on this question. The Supreme Court will hear an appeal from the Attorney General from the Ninth Circuit's decision. If upheld, some children of legal permanent residents will be eligible to remain in the United States who would otherwise be liable for deportation.
Contact the immigration attorneys of Glickman Turley LLP for a consultation regarding your elegibility for relief from deportation.  You may speak with an attorney in English, Spanish, or Portuguese.