January 2012 Order Reaffirms Khalid Decision in Fifth Circuit

On January 14, 2012 the Fifth Circuit Court of Appeals denied the government’s petition for rehearing of the landmark Khalid case decided on September 8, 2011.  This reaffirms the Court’s prior decision and its holding that the Act allows derivative beneficiaries – including children – of petitions to retain their parent’s original petition filing date, when the children turn 21 during the period waiting for the parent to immigrate.  As we indicated in our prior article on the case, this decision will have far reaching effect for “aged out” children who live in the states of Mississippi, Louisiana, and Texas, or who can establish residence in one of these states. If you think you may benefit from this decision, contact our office immediately and we will further instruct you as to what action you should take.