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November 2012 Archives

Is Padilla retroactive? Supreme Court remains divided

Earlier this month the Supreme Court of the United States heard arguments about whether Padilla v. Kentucky, a watershed case for immigrants, can be applied retroactively. Though the court is not expected to make a decision on the matter until June, this case could have far-reaching effects for immigrants facing deportation or who have already been deported.

Children brought to the United States may have more time to stay

Imagine being sent to a country where you don't speak the language, don't have any family or friends, and are barred from returning to the only country you have ever known. While this may seem like the plot of a movie, this is a reality for many people in the United States and Pennsylvania. Within the U.S., there are approximately 1.7 million children and young adults who were brought to this country by their parents before they had turned 16. For many of them, they don't speak the language of their "home" country, they don't have any connections to the country and are, in every sense of the word, Americans. The only problem, however, is that they don't have the legal right to be in the country.

American-born citizen held on belief of undocumented status

When immigrants are arrested in Pennsylvania, they may find themselves in a dangerous situation and fighting to stay in the country with their friends and families. For those people who entered the United States illegally, there is a very real threat that they will be deported and will need strong deportation defense lawyers to explain what options they have going forward. It appears, however, that it is not just immigrants that may be in this situation, however, but also American-born citizens.

Increasing number of Cubans traveling to the US via Mexico

Last week we mentioned that Raul Castro changed the requirements for Cuban citizens to leave the country, ostensibly making it easier for Cubans to reunite with their family members in Pennsylvania. What we failed to mention, however, is that any Cuban who lands on American soil has the opportunity to adjust his or her status to that of a permanent resident. This is much different than citizens of any other country, as evidenced by the number of deportations of people who simply did not have the legal ability to be in the country.

Exit visas are good for Cubans reuniting with American families

Being able to reunite with a family member after years away is always a special feeling and one that many immigrants have been able to experience after coming to the United States. By obtaining legal residency or citizenship, many individuals in Lancaster County and other parts of the United States have been able to use family-based immigration to bring adult children and siblings over, as well. One of the few groups that were unable to take advantage of this was the Cuban-Americans.