News

Immigration partner L.J. D'Arrigo is quoted in this Albany Times Union article on H2-B visas, and the need for foreign workers for positions American workers do not want. This year, local business owners like landscapers and horse trainers who depend on the H-2B visa program fear how they will fill jobs as the government caps visas and implements a new processing system that has increased a backlog.

With election day coming up, many are wondering whether or not immigrants have voting rights in the United States. The answer isn’t quite so black and white. Depending on immigration status, individuals may be prohibited from voting in local, state, and federal elections. Native United States CitizensA native citizen of the United States is one that was born in the United States, and/or has citizenship through their parents. Native citizens who are 18 years of age or older are [...]

With immigration matters figuring so prominently in the news, one might wonder, how did we get here? Many of us might think that things were always difficult, that legal entry always involved a formalized process, and that our own ancestors surely did things “the right way” after the formation of the sovereign United States of America.There were no bars to U.S. immigration until 1875, when the first exclusionary law barred convicts and prostitutes from entry. In the decades that [...]

On July 5, 2018, U.S. Citizenship & Immigration Services (USCIS) published new guidance regarding its procedures and policies for issuing Notices to Appear (NTA). An NTA is a charging document that is issued to foreign nationals, placing them in removal proceedings and directing them to appear before an immigration judge. The Department of Homeland Security has long relied upon its enforcement arm, Immigration and Customs Enforcement (ICE) to handle the issuance of NTAs in most cases. [...]

On July 13, 2018, USCIS issued a policy memorandum, providing guidance to adjudicators regarding the discretion to deny an application, petition, or other benefit request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if required evidence is not submitted with the initial petition/application package, or if the evidence in the record does not establish eligibility for the benefit sought. This guidance is effective September 11, 2018.This policy memo [...]