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Court rules parent's residence not relevant to deportation case

For those throughout the country who are interested in immigration issues, all eyes are on the Supreme Court waiting for its ruling on Arizona's controversial immigration law. The ruling on that case will likely be handed down sometime next month. In the meantime however, the court has issued a ruling in another, lesser known, immigration case. That case has to do with the deportation of the children of immigrants.

Many in the Miami area may not be aware that individuals who have been permanent residents of the United States, legally, for a minimum of five years, and who have not left the country for a total of seven years, may be able to avoid deportation. The specific issue the court considered had to do with whether the number of years a parent had legally been in the United States could be taken into consideration by the federal government when determining if a child would be deported. An appeals court previously determined that it could be taken into consideration. In support of the position of the Obama administration however, the court determined unanimously that the time could not be considered.

One of the reasons cited by the government regarding why the decision of the appeals court should be overturned was the contention that allowing that time to be considered could potential work against the policy we have discussed in this blog several times, regarding the deportation of criminals who are in the country without authorization.

Some may feel discouraged by the decision of the high court. The reality is that immigration issues are usually complicated and there may be more than one way to accomplish the goal of remaining in the U.S. Accordingly, anyone who is interested in securing the opportunity to stay in the country would likely benefit from working with an immigration attorney.

Source: Chicago Tribune, "Supreme court rules for government on immigrants' residence," James Vicini, May 21, 2012

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