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Overstayed your US visa? Read this!
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June 17, 2008 12:19 IST
Last Updated: June 17, 2008 12:28 IST

In a development that could ease up immigration rules, the top court in the US has ruled that foreigners, who overstay their visas, can continue to remain in the country to seek legal status.

Under 'some' circumstances, people could withdraw their voluntary agreement to leave the US and continue with an application for lawful status, the top court said in a verdict on Monday.

The ruling, jurists have pointed out, would particularly benefit those married to American citizens.

The federal government had earlier taken a position that intending immigrants, who left the US, would no longer be eligible for a 'green card' and if they stayed in the US longer than authorised, they would be disqualified.

"The Supreme Court rejected the government's hard-line approach to immigrants and to lawful immigration options," said Nadine Wettstein, legal director of the American Immigration Law Foundation (AILF), which filed a 'Friend of the Court' brief in the case.

"The Court correctly held that immigrants' rights under the law must be respected," Wettstein added.

"This decision should send a message to the government," added Beth Werlin, AILF's Litigation Clearinghouse Attorney and co-author of AILF's Amicus Curiae brief.

"The government should have reached this conclusion on its own years ago, rather than fighting through the courts."    


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