Olinger Law

President Obama’s Immigration Actions

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Although there are still no application details…here’s a compilation of the President’s Executive Action announcement. For millions here “without papers” the two significant initiatives are DAP (Deferred Action For Parents) – certain parents of US citizens and lawful permanent residents will be able to apply for deferred action status – and expansion of DACA (Deferred Action… Read More »

33 House Republicans Want DACA Done

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As reported in CQ Roll Call, 33 House republicans have requested that President Obama end the executive order staying the deportation of DREAMERs (the program known as DACA).  DACA is inapplicable to anyone who arrived here after June 15, 2012, including the thousands of children from Central America. DACA critics claim the program has fueled the children’s migration, believing… Read More »

Immigrants Can “Age Out” Of Visa Petitions

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SCOTUS – by a 5-4 vote in Scialabba v. Cuellar de Osorio – ruled that children who were included on their parents’ visa petitions but then “aged out” (turned 21) will now lose their place in the visa line. This unfortunately appears to overrule Khalid v. Holder, one of a handful of alien-friendly Fifth Circuit… Read More »

I-94 Records Available on NEW CBP Webpage

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As of May 1st Customs and Border Protection (CBP) has a new webpage that offers nonimmigrant U.S. visitors access to their I-94 arrival/departure record and their arrival/departure history. The new CBP webpage allows nonimmigrant travelers to access arrival/departure records going back five years from the request date. This electronic travel-history function means that travelers may… Read More »

ICE Prosecutors RARELY Using Favorable Prosecutorial Discretion

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In June 2011, Immigration and Customs Enforcement (“ICE”) announced it would not use its resources to deport “low priority” non-citizens, and would review existing deportation cases to determine which could be closed. Since then ICE rarely used prosecutorial discretion to close cases.  Nationwide, only 6.7 percent of cases were closed on this basis between October 2012… Read More »

Immigration Status and Access To Driver’s License

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IT IS BAD PUBLIC POLICY TO DENY DRIVERS LICENSES BASED ON IMMIGRATION STATUS.  It increases uninsurance rates and the number of unlicensed drivers. In the states which already allow undocumented immigrants to get drivers licenses, auto insurance rates have dropped, because more people are buying car insurance.  Denying undocumented immigrants licenses also undermines effective law enforcement.  States… Read More »

ICE Detainers Missing The Target

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ICE claims its highest deportation priority is someone who poses serious threats to public safety or national security. But 4 out of 5 immigration holds (“detainers”) were used against non-citizens who have either no criminal conviction, or had at most a misdemeanor or petty offense. An immigration “detainer” is an ICE request that a local, state or… Read More »

Visa Application Equality For Same-Sex Spouses

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The U.S. will immediately begin recognizing marriage equality in visa applications. The State Department today announced that the same benefits are available to all lawfully married persons – whether same-sex or opposite-sex.  The announcement was made in response to last month’s historic Supreme Court decision on DOMA’s unconstitutionality. “As long as a marriage has been… Read More »