WASHINGTON (AP) - The Supreme Court has made it easier for some foreigners who overstay their visas to seek to remain in the United States legally. The court ruled 5-4 Monday that someone who is here illegally may withdraw his voluntarily agreement to depart and continue to try to adjust his status while in the United States.
The case involved two seemingly contradictory provisions of immigration law. One allows people to avoid being deported by agreeing to leave the country voluntarily. The advantage to that course is that the wait to get back to the United States is shorter.
The other provision allows immigrants who are here illegally but whose circumstances have changed to make their case to immigration officials. To do that, however, they must remain in the country.
Poster Comment:
Links to the Court's opinion and dissents can be found in the last paragraph here:
http://jurist.law.pitt.edu/paperchase/2008/06/supreme-court-rules-in-bankruptcy-tax.php