Wednesday, August 29, 2018

US Immigration and the Immigration Debate


An accomplished New York law professional, E. Abel Arcia has served as senior partner and managing attorney of Jackson Height’s Arcia & Associates since 1995. One of E. Abel Arcia’s main areas of focus as a lawyer is representing immigrants to the US who would otherwise have trouble finding representation. 

According to an independent report by the Pew Research Center, immigrants comprise approximately 17 percent of the American workforce. And a 2017 Gallup poll determined that 71 percent of US citizens consider immigration a “good thing.”

However, a higher percentage of the US population disapproves of the 5 percent of immigrants who are in the country without official documentation. For this reason and many others, immigration has been a key political subject in the US for decades. 

Despite its prominent role in the sphere of public debate, the federal government has long struggled to introduce and enact comprehensive immigration reform. In 2013, Congress came close to significant reform when the Democrat-led Senate passed a major bill which would have provided undocumented immigrants with a path to citizenship while simultaneously strengthening security at the US/Mexican border. However, a Republican-led House of Representatives ultimately voted the bill.

Friday, August 3, 2018

DACA Extensions Continue under Current Injunction





A former prosecutor, E. Abel Arcia is the senior and managing attorney for the Law Office of Arcia & Associates, where he guides various practice groups, including one focused on immigration law. E. Abel Arcia and his team of highly-competent lawyers represent clients in complex immigration cases in several states, including California.

As a result of legal challenges filed against the federal government by the University of California (UC), enforcement of the decision to end the protections conferred to immigrants under Deferred Action Against Childhood Arrivals (DACA) has been blocked by a federal injunction. UC filed the lawsuit against the Department of Homeland Security (DHS) in September 2017. 

UC brought the DHS to court over the infringement of DACA recipient’s rights. Since early 2018, an injunction issued by Judge William Alsup has enabled more than 117,000 DACA recipients to extend their status for two more years. The injunction provides relief for current DACA immigrants while the 9th Circuit Court of Appeals reviews the district court’s decision. As of July 2018, the injunction remains in place.

Federal judges in New York State and Washington, D.C., have also made similar rulings finding that the federal government violated the law by rescinding DACA.

Tuesday, July 31, 2018

USCIS Enacts Strict Notice to Appeal Policy for Noncitizens




An attorney in New York State, E. Abel Arcia represents a diverse group of clients obtaining legal immigration status and claiming compensation for worksite injuries. As an immigration lawyer passionate about reform, E. Abel Arcia litigates a wide range of deportation and removal cases. 

In June of 2018, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum updating its Notice to Appear (NTA) requirements. Individuals who are not citizens can be issued an NTA by any federally regulated immigration agency. These notices initiate deportation proceedings, which require the person to attend a hearing and appear before an immigration judge. 

The new policy makes an extension denial a deportable offense carrying a 5-year re-entry ban if the applicant’s visa status has expired during processing. Additionally, since there is no requirement to send a warning notice, applicants may not be given sufficient time to rectify their unlawful presence. 

This policy change is especially detrimental to professionals on H1-B visas, who typically face long gaps between the submission of their visa extension and a decision. USCIS has a significant backlog of applications, which increases the likelihood that an applicant’s original immigration status will lapse before a decision is made. Experts advise employers of H-1B visa holders to petition for work visa extensions well in advance or to file for a green card as soon as possible.

Monday, July 9, 2018

Former US Ambassador to Mexico Criticizes Immigration Policies


Attorney E. Abel Arcia is a respected presence in the New York immigration law community who leads the Law Office of Arcia & Associates. With a focus on ensuring that immigrant rights are protected, lawyer E. Abel Arcia maintains a close watch on developments in this fast-evolving area of law. 

Having resigned her position in May, former US ambassador to Mexico Roberta Jacobson was recently interviewed by National Public Radio. Critiquing the “zero-tolerance" agenda set in place by the Trump administration, she forwarded the idea that the policies were draconian and un-American. She noted that a substantive solution would be one focused on addressing the core reasons why migration from Central America and Mexico is increasing. 

Ms. Jacobson described her decision as reflecting, not only opposition to the new immigration policy, but profound challenges in working with the Mexican government under the circumstances. With Mexico eager to establish a deeper and more productive relationship with the US on the immigration issue, the Trump administration’s hardline stance gave her no leeway to engage in traditional diplomacy.

Tuesday, July 3, 2018

Contested and Uncontested Divorce Cases


Tuesday, June 12, 2018

Types of Immigration in America


Lawyer E. Abel Arcia has been part of the field of immigration law for more than 20 years, and has also served the city of New York as an assistant district attorney. E. Abel Arcia works as a partner and managing attorney at the Law Office of Arcia & Associates in New York, where he handles immigrant-centered law issues, including immigration and personal injury.

Immigration law in the United States allows for several distinct approaches to entering and remaining legally in the country. Family sponsorships provide green cards for the spouses, children, siblings, and parents of U.S. citizens, though these programs have long waiting lists due to limits on how many immigrants from a single country can receive green cards in a given year. Employment-based immigration, the next most common type, allows for immigration by skilled foreign workers and their immediate families. Slightly less common are allowances for refugees, which have had their annual admissions capped at lower numbers under the current presidential administration.

Other forms of immigration are also available. The U.S. visa lottery grants visas to individuals from countries which have been underrepresented in American immigration, and programs like Deferred Action for Childhood Arrivals provide temporary work permits and deportation protections for those who arrived as children.

Sunday, June 3, 2018

Auburn Guard Bryce Brown Will Return for His Senior Season




E. Abel Arcia has been working as an attorney in New York for more than 25 years. He has served as a partner at the Law Office of Arcia & Associates since 1995. Outside of his work as a lawyer, E. Abel Arcia enjoys reading, following politics, and watching professional and collegiate sports. He particularly enjoys cheering for his alma mater, Auburn University (AU). 

AU basketball fans can look forward to seeing Bryce Brown on the court during the 2018-19 season. The 6-foot-3-inch guard from Stone Mountain, Georgia, withdrew his name from the NBA Draft and will return to the Tigers lineup for his senior year. 

As a junior, Brown averaged 15.9 points per game and led Auburn to a conference title and a very respectable 26-8 record. Along the way, he also made 107 three-pointers. Brown capped off his junior year with a selection to the All-Southeastern Conference team.