Qualified minors who came to the United States before the age of sixteen and who have been present in the U.S. for at least five years and are currently under the age of 31 can now file their requests for Deferred Action and Application for Employment Authorization. USCIS have started accepting applications on August 15, 2012.

Janet Napolitano, the Secretary of Homeland Security on June 15, 2012 released a memorandum setting forth the exercise of prosecutorial discretion to certain young people who were brought to theUnited States as children and know “only this country as home.”  Those who qualify would given the opportunity to apply for Deferred Action, would not be deported and be able obtain Employment Authorization if they meet certain criteria stated below:

1. They came to the  United States under the age of sixteen
2. They have continuously resided in the United States for at least five years before June 15, 2012
3. They are currently present in the United States as of June 15, 2012
4. They are currently enrolled in school, have graduated high school, had obtained a GED or had been honorably discharged from the Coast Guard or Armed Forces of theUnited States
5. They have not been convicted of  a felony offense, a significant misdemeanor offense or multiple misdemeanor offenses
6. They do not pose a threat to national security or public safety
7. They are not above the age of thirty (30)

Note that this Deferred Action is still subject to the discretion of DHS, meaning that there is no guarantee that relief would be granted in all cases.  When an application is denied, there is no opportunity of appeal.

For children who are already in deportation or removal proceedings, but not yet ordered removed by the Immigration Judge and who meet the seven criteria above; Immigration and Custom Enforcement (ICE) would exercise discretion by deferring action for 2 years, subject to renewal.

As for children who are not currently in removal proceeding, the United States Immigration and Citizenship Services (USCIS) would not place them in removal proceeding or deport them under deferred action for 2 years if they meet all the criteria stated above and are at least 15 years old at the time of application.

As for children already ordered removed or deported from the United States, but who are still present in the United States, the USCIS shall refrain from deporting or removing them from the U.S. under the Deferred Action criteria regardless of their age as long as they are still under the age of 30.

The implementation of this new immigration solution to the qualified children shall be commenced by the USCIS within sixty days of June 15, 2012.

Note that Deferred Action does not confer Permanent Resident/ Green Card status.  It does not completely prevent a beneficiary from eventually getting removed in the event they commit a deportable or removable crime.  It however grants an applicant the opportunity to obtain work authorization, obtain social security number, drivers’ license, go to school and other benefits associated with having an Employment Authorization Document.

For more information, visit http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD

When injustice becomes law or the norm, standing firm against it becomes a duty. When the agents of the law arbitrarily misapply and manipulate the law in order to reach a certain conclusion, albeit unjust, it is the obligation of the social engineer to challenge their actions to ensure that justice prevails.

The man came into the U.S legally with a valid visa in the year 2000, however over the course of time, he overstayed and became out of status.  He later got married to a US citizen and they had two children as fruits of the marriage. However, the marriage fell apart and so was the immigration petition and applications filed on behalf of the man. As a result, the United States Citizen and Immigration Service (USCIS) placed him in removal/deportation proceedings in January 2007.

About a year into his immigration dilemma, he reunited with his high school sweetheart who had recently became a widow. He became her source of comfort and lent his ears to accommodate her lamentations of grieving.  Meanwhile, he was still in the US while the woman, a US citizen  moved back to her home country after the death of her husband in order to wound up his affairs and complete some projects she and her deceased husband were working on before his death.

After maintaining constant telephonic contacts for over a year, the high school sweethearts decided to get married. The woman flew from a country in Africa to tie the knot with her new found partner. They got married in a quiet ceremony. As a result of this nuptial, the woman knowingly gave up the monthly social security financial benefits she had been receiving stemming from the death of her previous husband.  Nevertheless, this was a small price she was willing to pay to recapture love and companionship once again.
Subsequently, she filed a petition for alien relative (form I-130) for her new husband. The USCIS approved the petition after having being satisfied that the marriage was genuine and not entered for immigration purposes.

Nevertheless, because of the nature of the building and business projects she was handling in Africa, she could not fully relocate to the US until she had completed the projects.  However,  her two college age children were attending colleges in the U.S.  In spite of the diametrically opposed obligations she had to handle in two different continents, she travels to the US to visit her husband three to four times a year.

After the approval of the marriage petition, her husband applied for his green card before the Immigration Judge. However, the Immigration and Custom Enforcement (ICE) Assistant Chief Counsel opposed the application and requested a  hearing so the the couple could prove to the court again that their marriage was bonafide even though USCIS had already made that conclusion.  The hearing was held and the Immigration Judge concluded that the couple’s marriage was genuine.  The judge scheduled an adjustment of status/green card hearing for a year later.

About a week to the green card or adjustment hearing, the couple consulted with me for representation because their prior counsel could not continue to represent them for personal reasons unrelated to their case.

In July 2009, we went for the hearing. The man, who was the intending immigrant was put on the stand and was grilled for hours by ICE counsel until it was time for the court to close. As such, we were not able to put the wife, (who flew in from Africa for the hearing) on the stand. In short, the hearing could not be completed on that day because of the lengthy cross examination of the husband by the government counsel.  Hence, the judge adjourned the hearing to September 30 2009.

The wife had to return to Africa shortly after the hearing.  However, about a week prior to the September hearing,  she flew back to join her husband and present herself for the hearing. Just like the hearing in July, she was subjected to lengthy, long wounded cross examination by the government’s counsel. Government’s counsel asked her why she had not moved back  fully to the U.S and she explained the nature of the projects she was handling and how she could not just leave without finalizing the project as her deceased husband’s families were waging a battle to dispossess her of her deceased husband’s properties. The government counsel then suggested that if she could not move here until she stabilized her inheritance, why couldn’t her new husband move to Africa to join and live with her. She replied that they had both decided to stay in the U.S especially since she is a U.S citizen and that she was planning to finally move back by the end of 2009.

On redirect examination, I asked her to explain to the court how it is perceived in the African culture if a man moved in to live with his wife.  She told the court that it is seen as a disgraceful act only a man without dignity would dare embark on. I followed up and asked her to explain to the court how the culture in her country would react to a situation in which her new husband moves in to reside with her in the house that was built by her deceased husband. She elucidated that such an act is considered as one of the highest taboo and could lead to her eviction from the house by her late husband’s family especially since there was ongoing legal dispute regarding the property that she was defending.

At the end of the trial, the Immigration Judge granted my client’s application for adjustment of status (green card), he further found that all the witnesses were “substantially credible.”  Nevertheless, in spite of the judge’s well-founded decision,the government counsel,  looking awestruck appealed the decision to the Board of Immigration Appeal (BIA).

The government counsel knowing that her appeal had no factual and legal basis, embarked on a backdoor way to deny my clients their rights by contacting the local immigration field office to retroactively deny the marriage petition which had been approved over a year prior. The local office in turn issued a Notice of Intent to Revoke visa approval to my clients. I vehemently opposed the issuance of the notice,but responded under protest producing all the documents they requested and more. I also wrote a personal letter of complaint to the Field Office Director and her supervisor explaining that the process of retroactive revocation being used against my client violates due process of law, is unjust and should not be condoned and that the agency should not allow it to be used as an instrument of injustice by a sister agency just because a government counsel was dyspeptic about a judge’s decision.

In spite of the overwhelming additional evidence my clients submitted, the local immigration office revoked the visa without any credible or reasonable basis. The Regional Office Director also wrote me back sanctioning the actions of the field office citing that it was not a violation of due process. Hence, I filed an appeal to this unfair decision to the BIA.

Meanwhile, I also sent a letter of complaint to the Chief Counsel about the Assistant Chief Counsel, alleging that her assistant was abusing her authority by her actions and the quest to ensure that an unjust decision is reached contrary to the judge’s decision after lengthy hearings and trials.  I prayed him to stop the unjust process and call his assistant to order and to ensure that similar situations do not arise in the future. The Chief Counsel called me back a few days later acknowledging my concern, but said that he believed his assistant’s actions were within the province of their power. I fired back a letter to him expressing my disappointment with his decision in spite of the apparent injustice and abuse of power,I vilified his support of his assistant and promised that I will not stop short until justice prevails and that “I will assiduously assert the rectitude of the matter.”

After the revocation of my client’s visa approval, the Assistant Chief Counsel filed a Motion to Remand with the BIA, stressing that my client’s visa had been revoked by the USCIS. I countered the motion accordingly and explained the process through which my client’s visa was revoked in spite of the evidence he presented and the immigration judge’s decision.  The BIA agreed with  me and denied the government’s motion to remand.

In December 2010, the BIA made a decision on my clients’ appeal of the revocation of their visa approval. The BIA agreed with my arguments, ruled in my client’s favor and instructed the local field office to reinstate the visa approval immediately.
A month later, January 2011, the BIA denied the appeal filed by the Assistant Chief Counsel and held that the judge did not err in ruling in favor of my clients.

Upon receipt of these decisions, I sent a letter to the local immigration field office requesting that they issue my client’s green card immediately. My client scheduled several appointments with the USCIS to commence the issuance of his green card. However, every time he appeared at the field office, they told him that they had not received his file back from the Office of Chief Counsel, which was only two hours drive away. They promised to request the file, only for my client to go back the next time and be told the same thing.
I gave them enough time to ensure that enough patience had been exhausted. When my client had not received his green card by the middle of September 2011, I sent a letter requesting the local field office to issue the green card and adhere to the judge’s decision, especially since it had been about two years, I also pointed out that it could not have taken over five months to transport a file from a city two hours away, even by road. The following week, my client received his green card. The process had taken over four years, two of which my client was in immigration limbo, fighting the injustice of the system and the power that be.  Although, in the beginning it seemed that my client was entangled in an ineluctable legal net fashioned by government agents, he eventually prevailed because he had an advocate who would not relent until justice was served.

This is a case that ignited the burning embers of constructive, justified anger within me. My anger was based on compassion and grieved by injustice. I delved into the quest for justice without fear and with an intrepid determination to get my clients justice even if they couldn’t afford it, which in this case, they could not afford to pay me my reasonable prevailing fees as the matter was dragging on for years. Nevertheless, I was not discouraged by the lack of funding, but propelled by my vision to be a voice to the voiceless. In the face of injustice being perpetrated by the people hired by the government and sworn to enforce the law, I made it a duty to oppose the injustice to the highest level possible. Though justice was delayed, I ensured that it was not denied regardless of the roaring powerful oppositions mounted by two separate immigration agencies.  My anger lead to a positive result. It is for situations such as this that I became a lawyer.

November 2011

Disclaimer: The cases and facts described in these blogs are particular to the clients and the events involved.  Past results do not guarantee future success.

The Olawale Law Firm is giving back to the community by offering a free information seminar on Saturday, November 19, 2011 at the Westerville Community Center, 350 N. Cleveland Avenue, Columbus,

Ohio from 12.30 pm to 3.30 pm.
The speakers are Emmanuel Olawale and Felix Quachey.  Speakers would speak on immigration law and the common pitfalls to avoid in the process of immigration and visa applications and processing:

Estate planning: although people want to go to heaven, but nobody wants to die, however, every person on this planet is destined to die.  Speaker would enlighten attendees about how to put their house in order prior to death and to ensure that the people left behind are well taken care of, how to avoid will challenges and post-moterm litigation, how to protect the heirs and mitigate the burden of the heirs that may ensue after death.  Finally, speakers would speak on financial planning, instruct on how to invest wisely, protect assets and build a solid, sustaining financial profile.

Interested attendees would also get a free living will/health care power of attorney to be drafted and executed at the program.

Emmanuel Olawale is an attorney at law and the owner of the Olawale Law Firm.   Emmanuel is an American Citizen of Nigerian origin who immigrated to the United States in 1997.He attended City University of New York where he earned his Bachelor degree in Communication, Media Studies, English and Journalism.  He earned his Juris Doctorate from the Capital University Law School, Ohio. Emmanuel has a calling to bring voice to the voiceless and to fight for justice for the downtrodden by using the law as his tool.

Felix S. Quachey Jr. is a licensed insurance professional in the areas of auto, home, commercial, life, and health insurance in the state of Ohio.  A native- born Ghanaian, Felix immigrated to the United States in 1997 for his college studies. He holds a B. Sc. in Business Administration from Concord University in Athens, West Virginia and a Masters of Business Administration from Tiffin University in Tiffin, Ohio.

I see the practice of law as a calling, a calling to serve, to build lives, to edify, to admonish and to revive the defeated.  it is like the calling to priesthood or to a religious ministry.  While the priest uses the religious books as tools to advance their ministrations, the lawyer uses the law books and knowledge of the law to propagate change, to advocate, to redeem, to construct, to seek justice and to positively impact lives.

A probate judge recently told me in open court that ”I have been practicing for over 30 years and I hope you spend more time practicing because I have not seen a lawyer display so much compassion on behalf of a client.  It is one thing to serve and make a living, it is another to serve and touch lives…”  To my clients, he said “You have the best lawyer, who has done a wonderful job for you, I hope you know this, because no lawyer out there would do what this man has done for you at this fee, considering all the work that was involved…”  This magistrate said this on the record at a wrongful death settlement approval hearing stemming from the death of a two year old girl who was killed by a reckless teenage driver.  As one can imagine, the parents were so distraught and inconsolable even after almost two years since the fatal accident.

When I initially met with the parents to take on the case, I felt the irreplaceable loss they had suffered, I was overwhelmed by the depth of their grief, I felt inexplicable empathy and realized that no matter how much money they are to be paid for the death of their toddler, it cannot heal their grief or fill the deep hole of bereavement indelibly scarred into their hearts.  No amount of money could substitute for the smile of the innocent child, no amount of dollars could make up for the warm little hugs of their daughter or compensate for the promising years cut short by death. As such, I decided to charge them a fraction of the prevailing attorney’s fee, I discounted my fees by 70%.  This act of professional altruism was what moved the judge to effusively thank me, encourage and praise my act of service.

I often feel the gratification of service when I represent indigent clients for free or for ridiculously minuscule fees and yet advocate on their behalf as if I had been paid millions.  At the end, these clients are eternally grateful and I see the positive difference my act of service made in their lives.  I recall the case of a young lady whose employment was unjustly terminated by a manager of a retail store on some discriminatory grounds.  After the termination, the store refused to pay her for the last week of employment, holding on to the paycheck for over 3 weeks and giving her the runaround whenever she demanded her check.  When I got involved, I was able to get the employer to overnight the check the same week.   At the mediation of the matter, a few weeks later, I got the manager to admit her wrongdoing, apologize to my client face to face and the employer to rehire my client to a much better position with a better pay and pay her for all the wages she had lost while unemployed as a result of the wrongful termination.  All this, I did without charging my client a dime because I knew she could not afford the fees.

There was the case of another client locked up in jail for over two weeks without representation.  I took on the case for free, visited him in jail, negotiated with the prosecutor to get 3 out of the 4 criminal charges dismissed with no additional jail time and got him set free without collecting a nickel. Although, he and his family had no money to pay for my services, their flattering adulation and their relentless referrals testify to the depth of their appreciation.

However, the act of selfless practice of law is not without its bumps.  On some occasions, I have been disillusioned by clients who are ungrateful in spite of how much I did for them without charges or at discounted fees.  On these occasions, my human tendency is to stop assisting people who can’t afford my services, yet the spirit within me gears me on, admonishing me that humans are not predictable, that there will always be minorities of unappreciative, insufferable people who can never be satisfied and that I shouldn’t let the ungrateful few derail me from my calling to serve humanity and meet the needs of the needy out there who will cross my path in the line of duty.  I get discouraged, but I don’t get dismantled,  I move on with caution and hope that I don’t get burnt again.

Yet, in all these, I adapt, I grow professionally and personally.  I advance spiritually, I mature mentally, realizing that I was called to be of service through my profession.  While I make a living through the same career path, in the process, I am a social engineer, I build lives leaving ineffaceable marks of constructive paths in the lives of my clients, building bridges of hope, channeling rivers of possibilities with tributaries that flow to benefit the next generation yet unborn.

Emmanuel Olawale  May 2011