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Immigrants Can “Age Out” Of Visa Petitions

June 10, 2014 by Lynn Olinger

SCOTUS – by a 5-4 vote in Scialabba v. Cuellar de Osorio – ruled that children who were included on their parents’ visa petitions but then “aged out” (turned 21) will now lose their place in the visa line. This unfortunately appears to overrule Khalid v. Holder, one of a handful of alien-friendly Fifth Circuit decisions, that allowed the aged-out derivative beneficiaries to keep their priority date (their “place in the visa line”) to use even with another petition.

Filed Under: immigration

Lynn S. Olinger

Lynn S. Olinger

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