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All Press Releases for January 29, 2014 »
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Court to consider the meaning of the "age out" provision?

Supreme Court might be making a decision that could impact a large number of individuals currently waiting for approval on their visa requests.
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    January 29, 2014 /24-7PressRelease/ -- Many people dream of coming to the United States to live and work, and they spend years waiting for the opportunity. They understand that they may have to make sacrifices in order to be about to come to this country, but they hope that in time, they will be able to be reunited with their family members here.

While this sounds easy enough, there are many strict requirements in place dealing with family-based immigration visas. Each country is limited to a certain number of approved applications each year, and there are also limits in place depending upon the type of visa that is requested. If the individual's relatives fall into the wrong pile, it can take decades before the applications will ever even be processed.

When individuals have family members that are young children, they will often fill out applications for the children in order to bring them into the U.S. Because of the strict rules in place regarding the manner in which these applications are processed, some of these children may be adults by the time their applications get to the front of the line.

If a child is 21 or older, this could have a very serious impact upon their request for a visa. There is a law that allows these applicants to retain their place in line so that they do not have to go through the entire application process all over again. However, some courts have held that this law applies only to those applications made by the child's parents, and that if the request was made by a different family member, the individual would have to go to the end of the line.

The inconsistent application of the law has drawn the attention of the Supreme Court. A recent case in which a child was held to be "aged out" has led to a challenge over the split in the circuits. The court will decide if it wants to hear the case, and its decision is being very closely watched by families throughout the United States.

If you have questions about a family- or employment-based visa request, you should contact an experienced immigration attorney as soon as possible. Because of the extremely technical nature of this process, you do not want to attempt to file any of these documents on your own. Any mistakes can cause even more delays.

An attorney can help you decide what is best for you and your family members, and assist you in completing the necessary paperwork. This will ensure that everything has been properly submitted, and you will be able to be confident that all the information is included in your documents.

Article provided by Schunk Law Firm P.C.
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