A Nigerian has won a landmark case in the United States Supreme Court that has opened the way for millions of foreigners who overstay their visas to seek to remain in the country legally.

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The case pitted Samson Dada, who stayed beyond the expiration of his tourist visa in 1998, against the U.S. Immigration and Naturalisation Service (INS) and the Justice Department .

The court ruled five-four that someone who is in the country illegally may withdraw his voluntary agreement to depart and continue to try to get approval to remain in the U.S.

The decision essentially embraced a proposed Justice Department regulation governing the treatment of similar cases in the future.

According to papers filed in court, Dada married an American a year after he entered the country and soon began trying to obtain a visa as an immediate relative of a citizen.

But he and his wife apparently failed to submit some documents, causing immigration officials to deny the visa.

He has been trying again to obtain the visa, but the immigration authorities ordered him to leave the country.

Dada agreed to leave voluntarily, which would make it easier for him to try sooner to re-enter the country legally than if he had been deported.

The task of the Supreme Court was to decide whether he could withdraw his voluntary agreement to leave the country and continue to try to adjust his status.

The immigration authorities recently ruled that Dada had entered a "sham" marriage in order to stay in the U.S., but that allegation was not part of the consideration of the court.

Justice Kennedy wrote the majority opinion, joined by his four liberal colleagues. The four conservative Justices dissented.

Justice Antonin Scalia said: "The court lacks the authority to impose its chosen remedy."