Godoy Olivieri, Ltd.-An immigration law firm
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High Court will decide important immigration case

Many families living in Chicago who are from other countries may know how difficult it can be to forge a path to U.S. citizenship not for oneself but also for one's loved ones. What some in Illinois might not know is that under the present immigration laws, the children of legal immigrants might not have time to get the permission to remain in the United States that they will need in order to pursue a citizenship application.

The children of permanent residents may be able to get permission to stay in the United States indefinitely and even into their own adult lives, but the children of those who are not yet permanent residents get phased out of the immigration system when they turn 21 years old. This means that unless they want to risk remaining in the United States without permission, they either return to a country that they may have not seen for decades or they try to acquire legal status by some other path.

More importantly, however, the "age out" also requires a young adult effectively to start over in his or her own pursuit of permanent residency in the United States. Because this is a time-consuming process, an immigrant who turns 21 may see months or years of waiting lost to a legal nuance.

The issue has made its way to the United States Supreme Court, which could hand down a ruling very soon. If the court rules in a way that favors immigrants, some young adults may at least be able to see their requests for permanent residency completed more quickly.

No matter what the ruling of the court is, however, young adults who are no longer able to rely on the immigration status of their parents may wish to seek out the advice of an experienced immigration attorney.

Source: The New York Times, "Court may hold fate of children knocked off citizenship path," James Barron, May 18, 2014

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Godoy Olivieri, Ltd.-An immigration law firm

2021 Midwest Road
Suite 200
Oak Brook, IL 60523
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
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1655 S. Blue Island Ave.
Suite 300
Chicago, IL. 60608
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
Map & Directions