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Pereira Decision by Supreme Court Set to Have Major Impact on Pending Cases

Pereira v. Sessions

On June 21, 2018, the Supreme Court of the United States issued a decision that could have a long-lasting effect on the way immigration cases are handled. In Pereira v. Sessions, the Supreme Court ruled eight-to-one that undated notices to appear were invalid and do not trigger the stop-time rule that usually is triggered when a notice to appear is issued. This may offer new hope for immigrants who might otherwise be deported. By filing a Pereira motion with help from their Miami immigration lawyer, individuals and families can improve their chances of remaining in the U.S. legally.

The 10-Year Immigration Rule

To understand the impact of the Pereira v. Sessions decision, the 10-year immigration rule must be taken into consideration. This rule states that immigrants who have been in the U.S. for 10 years continuously and who have demonstrated good moral character may be eligible for cancellation of removal proceedings if their deportation would cause hardship to a family member who has legal permanent residency status in the U.S. The Pereira decision states that undated notices to appear do not interrupt the 10-year period of continuous residency. In general, dated notices to appear are still considered to interrupt residency for purposes of the 10-year rule.

Expert Legal Help Is the Key to Success

The opportunities made possible by the recent Supreme Court require the help of a knowledgeable Miami immigration lawyer. By working with an attorney who specializes in immigration and deportation cases, you and your family can ensure the best possible outcomes for your current situation. Your lawyer will work with you to explore the possible legal avenues to achieve legal permanent residency, a green card and the right to remain in the U.S. to pursue your educational and employment goals.

If you need the services of an experienced Miami immigration lawyer, Pozo Goldstein can help with the most effective legal representation for your case. With two former immigration prosecutors and a former judge on Miami immigration team, we can deliver the most proactive and practical options for you and your family. Call our offices today at 305-856-0400 to schedule an initial consultation with our attorneys. We look forward to the opportunity to help you pursue the American dream.

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