All the latest firm news and industry updates from Whiteman Osterman & Hanna.

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 Citizens A 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 [...]

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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 [...]

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Immigration partner L.J. D'Arrigo was featured in a recent Times Union article titled "Worker Lottery System Vexing Local Employers."  The article focuses on the lottery system in place for seasonal immigrant workers to obtain work visas.  To view the entire article please click here.

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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. [...]

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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 [...]

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