War On Undocumented Women

Too bad that politics has to interfere with this important immigration law that has been on the books for almost 20 years.

Read this article from The Huffington Post.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Immigrant Workers Arrested at Waste Management Facility

In an immigration raid last week, just a few miles from our Houston office, the Houston Chronicle reported that officials arrested 16 workers at a Waste Management facility. The company stated the workers were not their employees, but third party temporary workers.

No doubt the company would make that argument since the law provides employer sanctions for hiring undocumented workers. Even in a situation where the employer claims the workers are independent contractors, there can be penalties if the employer knew the workers were undocumented.

The 16 workers are from El Salvador, Honduras and Mexico. Generally, such workers are not immediately deported (unless they waive their rights), but rather they go through deportation proceedings which can take years. Moreover, if eligible, they can be awarded a green card by the immigration judge.

The government conducts these raids from time to time and arrests individuals who appear to be foreign and undocumented. An employer is required to get I-9 forms with proof of legal status completed for all workers, including Americans, but  not for  contractors. There are serious civil and criminal penalties for violating the law.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Immigrants Leaving the Work Force

Excellent article about lack of workers in some states, due to certain anti-immigrant legislation, like in Arizona.

States who chase away immigrants are now feeling the brunt of having jobs with no American workers available to fill them. Immigration lawyers have known for decades that there are certain jobs like those described in the attached article, where Americans will not do those jobs, such as picking crops, working in the hot sun, etc.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Immigrations Officials Arrest Thousands

Immigration officials arrested thousands of immigrants this past week. While some were undocumented, others are believed to be lawful residents with a criminal record. Our law firm, Coane and Associates, PLLC represents individuals in such situations, including bond hearings, deportation defense and appeals.

Here is the complete article link: Immigration Agents Arrest More Than 3,100 in Largest Operation Ever

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Supreme Court Issues Decision Helpful to Immigrants This Week

The Supreme Court issued an important decision, Vartelas v. Holder, No. 10-1211, rejecting the retroactive application of a provision of a law passed by Congress in 1996 that has prevented many lawful permanent residents (LPRs) from returning to the United States after a trip abroad. Citing the “deeply rooted presumption” against applying new laws retroactively, the Court ruled 6-3 that LPRs who temporarily leave the country cannot be denied readmission on account of criminal convictions that occurred before the law took effect.

The Justice Department argued that LPRs with certain criminal convictions may be barred from re-entering the United States any time they leave the country—even if the law in effect at the time of their guilty pleas did not make them eligible for deportation or ineligible for reentry to the United States. The Supreme Court rejected this argument, noting that the government’s interpretation effectively prevented such LPRs from ever leaving the country.

There are still serious consequences, however, for certain LPR’s with criminal convictions after 1996, who leave the country and try to return. While, historically, they may have had no problems returning in the past, many of these people are now being arrested at the airport upon their return after short visits abroad. Our law firm of Coane and Associates, PLLC continues to represent LPR’s facing these exact problems.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Detainee Hotline Created By US Immigration Agency

In the midst of increasing reports of deportation of US citizens or detained citizens they suspect to be illegal immigrants, and with many states passing controversial laws about immigration, the Immigrations and Customs Enforcement agency has created a hotline to make sure the rights of innocent people are protected.

One of the states with the most radical anti-immigration laws is Arizona where everyone, including those who are registered immigrants, are required to carry along with them their documentation since police officers can randomly check for their immigration status even during routine traffic stops.

The Obama administration already says that this law interferes with the federal government’s authority over immigration policy.

This detainee hotline will answer questions and other queries from those detained by state or local law enforcement agencies if they “believe they may be U.S. citizens or victims of a crime”, stated by the ICE.

ICE personnel will be in charge of the hotline, 24 hours a day, 7 days a week.

The ICE also said in their statement that “ICE personnel will collect information from the individual and refer it to the relevant ICE Enforcement and Removal Operations field office for immediate action”.

The toll-free hotline is: (855) 448-6903.

photo from: blog.tropo.com
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Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.

USA Immigration from Pakistan

I just spoke with a potential client in Pakistan. He is a 25 year old man who just moved there from the USA, after spending 11 years in New Jersey.

He returned to Pakistan via “voluntary departure” in order to avoid deportation. Unfortunately, and unbeknownst to him, once he left, another law kicked-in, preventing him from returning to the USA for 10 years. That law is known as the ten year bar.

He was telling me how his city of Karachi seems totally lawless and that there are savage killings and mutilations almost every day. He expressed real fear as a minority Shia muslim that he could be a victim.

My experience representing clients in court is that the immigration judges don’t give much credence to the fears expressed by Pakistani asylum seekers here. But, listening to the fear in this young man’s New Jersey-accented-voice, made the situation in Karachi seem very real. Unfortunately for him, though, there is no quick-fix that will allow him to return to the USA anytime soon.

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Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.

Nigerian Woman wins Immigration Waiver Appeal

In a decision released this week, by the Administrative Appeals Office of Homeland Security, a Nigerian woman represented by our law firm, won her appeal. As a result, this mother of five who has resided in the USA for many years, can now achieve legal status.

Case Link:
Nigerian Woman wins Immigration Waiver Appeal

Our client had filed for her green card (lawful permanent residence status) but it was denied because she had been arrested for theft. She filed for a waiver based on having USA citizen children, but that waiver was denied together with the green card denial.

The client had been arrested in 1988 for theft. The immigration service denied the green card and waiver in 2008, and an appeal was filed. In a decision issued on April 13, 2011, the Administrative Appeals Office approved the appeal and granted the waiver to our client.

The appeals office agreed that one or more of our client’s children would suffer extreme hardship if the mother was deported. In particular, they found that one of the children had ADHD and was depressed, and would have significant “adjustment” issues if her she had to move to Nigeria with her mother. In addition, the appeals office found it significant that there were travel warnings for USA citizens going to Nigeria. Both of these foregoing matters weighed heavily on the decision to grant the extreme hardship waiver. Interestingly, this decision may serve as “precedent” for citizens of Mexico who seek waivers, since there are similar travel warnings for Mexico.

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Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.

Immigration requests for citizens of Japan

The U.S. immigration service has announced that it will give special consideration for certain immigration requests for citizens of Japan. This is all in response to the recent earthquake, tsunami and nuclear meltdown in Japan.

Without providing any specifics, the US CIS says that it will consider extensions of stay for Japan citizens in the USA, as well as allowing Japanese students to work in the USA, with permission. The immigration service has also agreed to do expedited processing for certain applications on behalf of citizens of Japan.

The immigration service did not set forth detailed specific procedures or rules, but they imply that due consideration will be given.

Most Japanese visit the U.S. without a visa and are permitted to stay here for up to 90 days. By law, there is generally no extension available to stay here past the 90 days. However, the immigration service has indicated that they will give extensions to allow citizens of Japan to remain here longer.

One of the lawyers at our office, Gen Kimura, is from Japan and speaks fluent Japanese, and is available to help Japanese citizens with these new immigration processes available to Japanese citizens.

Immigration for Nurses

The New York Times had a front page story today about immigration and nurses in Japan. The article talked about the great need for nurses in Japan, and how the immigration system in Japan makes it virtually impossible for foreign nurses to work there. I thought I was reading about America, however!

Here in the USA, we have had a huge nursing shortage for decades. Like most first-world countries, the USA has allowed foreign nurses to come and work here, but only under certain conditions. In the past 15 years, our Congress has made it virtually impossible to bring in foreign nurses, except under certain complicated circumstances where there is a quota that can take years. So, like Japan, the USA loses out on foreign nurses and they go to more progressive countries like Ireland, England, Australia, Germany, etc.

The article even talked about the requirement for foreign nurses to pass a test in English, and how only 3 people passed last year. While we have a similar test in our country, fortunately a much greater percentage of foreign nurses pass it.

Finally, it was interesting to note in today’s article that, while it seemed to “bash” Japan for its strict immigration system and how it keeps out foreign nurses whose services are in great demand, the same could be said for the USA. And, like Japan, it is the nurses union that is most vociferous in speaking out against allowing foreign nurses to come in, for fear that their salaries will be affected.

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Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.