US Supreme Court norms for government on residence of immigrants

And this rule by the top US court is a victory for the US administration.

Stay of immigrant parents in the US unrelated to children’s deportation--The Supreme Court rule has rejected a recent US appeals court ruling saying residency criteria for immigrants entering the US as children could be fulfilled by taking into account the total stay of their parents in the US.

The latest US Supreme Court ruling does not have any relation to an immigration case involving opposition by US administration to tougher Arizona immigration law. The case is awaiting results likely to be announced June end.

The Obama administration had stated that the ruling by the appeals court will be a blow to the efforts of the government to deport immigrants guilty of criminal offence.

One case involved a Jamaican citizen Damian Sawyers. He gained US permanent residency at the age of 15 in the year 1995.

However, he was convicted for possession of cocaine in 2005 and a controlled substance three years before in 2002.

The US government initiated deportation against him. However, to avoid deportation from the US, he brought forth the factor of his stay with his legal US resident mom as a minor.

But, the justices refuted his position saying his mother’s legal US residency could not save him from deportation.

In yet another case involving a Mexican national, the justices rejected his appeal from allowing him to escape deportation based on the immigration status and the stay of his father in the US.

What does the US immigration law say—As per the US immigration rule, immigrants facing imminent deportation from the US can get leniency from the federal government provided they have stayed in the US for a continuous period of seven years and hold US legal permanent resident status for a minimum of five years.

The US lawyers further reiterated that that the preference for family unity cannot be above the ruling that immigrants must personally fulfill eligibility criteria .