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  • Coane & Associates 8:09 pm on April 4, 2017 Permalink | Reply  

    U.S. Isolation and Extreme Vetting 

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    The United States, under President Trump’s leadership, is putting up walls against entry and travel. The president began with his infamous travel ban that discriminated against Muslims. He later followed by enforcing harsher Transportation Security Administration (TSA) rules. Thousands of people were detained at airports, searched, and questioned. The Trump administration is starting April by “updating” our vetting procedures. An article from the Wall Street Journal states that, “Foreigners who want to visit the U.S., even for a short trip, could be forced to disclose contacts on their mobile phones, social-media passwords and financial records, and to answer probing questions about their ideology”.

     

    His next wall against entry to the U.S. is literally a wall on the border between the U.S. and Mexico. This may take a while since that border is almost 2,000 miles long and because no one has volunteered to foot the bill. Along with the wall idea came an executive order that grew the Department of Homeland Security (DHS) and made the Immigration and Customs Enforcement (ICE) more aggressive. The proceedings for deportations were also made quicker and in many cases people are deported without a fair trial or ever seeing a judge. Everyone who is not a citizen of the United States of America is at risk if they choose to travel here.

     
    • TL Brown Law 5:07 am on April 12, 2017 Permalink | Reply

      Extremely strict! But a wall to border Mexico? In his term, I doubt it would happen. Unless he has hidden magic to do it right away!

  • Coane & Associates 8:36 pm on March 28, 2017 Permalink | Reply  

    ICE Jails Student’s Spouse-No Bond 

    WPart

    In a case we are handling at our office, the immigration police (ICE) have picked up and jailed our client from India, who is lawfully in the country on an F-2 visa. Our client resides in Texas with his wife who is a full-time student on an F-1 visa, and we are handling the case from our Houston immigration lawyer office.

    Our client was picked up by ICE on March 10 and has been in their jail ever since. ICE, through its deportation officer Hector Marin, claims that our client was working “for wages or other compensation” in his cousin’s south-Texas convenience store. According to our client, however, he was simply visiting his cousin at his store on March 10.

    A F-2 visa holder is not permitted to work, but they are permitted to live in the U.S. while their spouse attends school. With absolutely zero evidence of “wages or other compensation,” ICE has jailed our client for almost three weeks and determined that no bond should be set. While normally a bond is always set, under the Trump administration, things seem to be changing. Unless a person is a danger to the community or there is reason to believe they won’t show up at their hearing, this Houston immigration lawyer has always seen a bond set by ICE.

    Since ICE has refused to set a bond, our client spends his days and nights in indefinite detention at the Houston immigration jail. We have forced the issue by asking an immigration judge to set a bond, and that hearing is scheduled for April 6. In the meantime, this unfortunate spouse on a lawful visa will continue to sit in the immigration judge until, presumably, a fair-minded judge will give him a bond.

    For further information, I may be reached at 713.850.0066 or 305.538.6800, or by email at bruce.coane@gmail.com.  http://www.coane.com

     

     
  • Coane & Associates 4:47 pm on March 24, 2017 Permalink | Reply  

    Trying to Avoid Deportation during the Trump Administration 

    OT

    Here is a story in yesterday’s USA Today, that discusses deportation under President Trump. One of my client’s is featured in this story, and it is a very sad tale of violating the Constitutional right to due process. My client came to the U.S. as a teenager and was never invited to attend his own deportation hearing. He was ordered deported in his absence and without his knowledge almost 20 years ago. When he unfortunately came across ICE a few weeks ago, they searched their database and found the old deportation order, which is somewhat similar to an old arrest warrant. Unfortunately, in the current political climate, there has been little sympathy from the courts to protect the right to due process and to reopen the case so he can have his day in court. He is expected to be deported in the next few days.

    http://www.usatoday.com/story/news/world/2017/03/22/faces-of-deportations-under-president-trump/99455428/

     
  • Coane & Associates 1:12 am on March 16, 2017 Permalink | Reply  

    Trump’s new travel ban has just been quashed by a federal judge in Hawaii 

    TrumpTHere we go ago! President Trump’s new travel ban that was set to become effective tomorrow has just been quashed by a federal judge in Hawaii. Just now, a federal judge in Hawaii granted a Temporary Restraining Order against the government, prohibiting enforcement of the Executive Order barring travel to the U.S. and barring issuance of visas to Iranians, Libyans, Syrians, and others.

    Hawaiian TRO

     
  • Coane & Associates 6:14 pm on March 9, 2017 Permalink | Reply  

    Fighting Against a Family Man’s Deportation 

    DHS

    Fighting against the clock trying to prevent my client from being deported today or tomorrow. He has no criminal history, he’s been in this country for 17 years, is married to an American and has American children, all of whom he supports. And how about due process? His deportation hearing was held in 2001 when he was a teenager and he never even got any notice of it.

    Very sad that our government is focusing on deporting good, family men instead of hardened criminals. 

    Coane and Associates PLLC

    http://www.coane.com

    Houston: 713-850-0066 Miami: 305-538-6800

    Photo Illustration by Lyne Lucien

     
    • claire.sheridan@aol.com 7:10 am on March 13, 2017 Permalink | Reply

      I’m Irish I love I’m new york How does someone check if there has been a deportation hearing for them Thank you God bless

  • Coane & Associates 5:35 pm on March 3, 2017 Permalink | Reply  

    Feds Deport Dad Who Once Held Reprieve 

    Yes, the government is deporting anyone and everyone who is undocumented and it doesn’t matter whether you are a criminal or not. This article from today’s Houston Chronicle is a perfect example.

    http://www.chron.com/news/houston-texas/houston/article/Immigration-agents-deport-Houston-father-whose-10973024.php

    This is very sad. While President Trump talks about only deporting criminals or felons, the reality is that, behind his back, Homeland Security is deporting everyone who does not have proper papers and has a deportation order and/or is subject to the law of expedited removal. In my opinion, once the President realizes this is not fake news, he will put a stop to it (hopefully), but in the meantime, anyone who is undocumented must get proper advice and weigh their options carefully.

    womancryPhoto: Yi-Chin Lee, Houston Chronicle

     
  • Coane & Associates 3:56 pm on October 25, 2012 Permalink | Reply
    Tags: , K-1 Visa, Visa adjustment   

    K-1 Visa Adjustment of Status and the Affidavit of Support 

    eA very common issue with K-1 visa holders, is whether they need an affidavit of support when they apply for adjustment of status in the USA. After-all, they would have provided an affidavit of support to the USA Consulate at the time that they were applying for the K-1 visa.

    K-1 visa holders must marry their fiance within 90 days of entering the USA. Thereafter, they can file for adjustment of status from the K-1 visa to a green card. The immigration service in the USA will require another affidavit of support with the I-485 form. The question is what to do if the parties are separated or divorced, and the immigrant cannot get another affidavit of support.

    Recently, in the case of Matter of Sesay, the Board of Immigration Appeals (BIA) confirmed that an immigrant can still get a green card even if they are no longer married to the USA citizen sponsor.. What the BIA did not discuss, is what happens to the requirement of the affidavit of support.

    I have had several clients come to my office after entering on a K-1, getting married and divorced, and having their adjustment denied because they had no new affidavit of support. In one case, this month, the immigration service actually approved my client’s green card, even with no new affidavit of support. Fortunately she had a copy of the affidavit of support that was presented at the USA consulate when she got the K-1 visa. That was not enough initially , however, as the immigration service previously denied her adjustment case when she could not provide a NEW affidavit of support. I convinced them to reopen that case, and they approved it.

    I have another K-1 adjustment case in Immigration Court with the same exact issue. Hopefully the immigration judge will agree with me, or the government lawyer will withdraw their demand for a new affidavit of support. In the end, however, the purpose of the affidavit of support is to prove that the immigrant will not become a public charge. You would think that the original affidavit would be enough, or that other evidence would be sufficient to allow fiances to get the green card to which they are entitled under the law.

    __________________________________________________________________________________________________

    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 bruce.coane@gmail.com, 713-850-0066 or 305-538-6800.

     
    • Troy 9:02 pm on October 25, 2012 Permalink | Reply

      Idiots. The affidavit of support is still in legal effect notwithstanding divorce.

    • Coane & Associates 9:11 pm on October 25, 2012 Permalink | Reply

      We didn’t say it quite that way to the service center, but they rejected that idea and denied the adjustment of status. I’ve seen the same thing on other cases, demanding a new 864, or denying the 485 when you don’t produce it.

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    • Bruce Coane 1:14 am on April 22, 2014 Permalink | Reply

      I am Board Certified in Immigration Law by the Texas Board of Legal Specialization, and available to help on immigration matters throughout the United States and around the world. For appointments call 713-850-0066

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  • Coane & Associates 4:37 pm on October 18, 2012 Permalink | Reply
    Tags: ,   

    Fighting Unemployment can Backfire on Employer 

    In a recent case from Pennsylvania involving a retaliation claim under Title VII involving an employer who opposed a former employee’s claim for unemployment compensation who had also filed a charge of discrimination, the court found that the employer could be liable.

    Under Title VII of the Civil Rights Act, an employer engages in unlawful retaliation when, in response to an employee complaint of discrimination, it acts in a way that may dissuade a reasonable worker from making or supporting a charge of discrimination.  A federal district court in Pennsylvania held that an employer’s request that its agent contest the employee’s claim for unemployment compensation and state that the employee was “discharged for gross negligence causing a financial loss to the employer,” amounted to retaliation under Title VII.  The employee claimed that this appeal prevented her from continuing to receive unemployment compensation benefits and made it impossible to find new employment.

    The employer argued that there was no adverse employment action in contesting the employee’s unemployment benefits claim because it occurred after her employment had already ended.  Even though the employer cited previous case law where a court found no adverse employment action because contesting unemployment came after employment ended (the case involved the Age Discrimination in Employment Act and not Title VII), it noted that in this case the employee was already collecting benefits then lost them, suffering economic harm and damaged her chances of procuring future employment.

    For whatever reason, it seems that employers are contesting unemployment more often these days. However, as this case points out, there can be some risk for an employer who does so, thereby exposing themselves to liability under Title VII of the Civil Rights Act (a federal law that applies to employers with 15 or more employees).

    The case is STEZZI v. CITIZENS BANK OF PENNSYLVANIA, Dist. Court, ED Pennsylvania 2012, Case No. Civil Action No. 10-4333.

    __________________________________________________________________________________________________

    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.

     
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  • Coane & Associates 4:25 am on October 11, 2012 Permalink | Reply
    Tags: , , Shintech   

    Shintech Faces EEOC Race Discrimination Charge 

    Our law firm filed a race discrimination charge against Shintech, of Freeport, Texas, on behalf of a Hispanic worker who was recently fired.

    Shintech logo

    photo: wbrz.com

    The charge is currently under investigation at the EEOC. It alleges that our client was fired, after 13 years of employment, with no warning and with no valid cause, other than he was non-white.

    It is alleged that our client and another non-white worker were both fired by the company, solely because of their race, and over a minor incident. The charge alleges that white workers who violated company rules and engaged in serious infractions were not fired, yet our client and another man were fired for a far less serious matter. The EEOC will conduct their investigation where they will determine if there is sufficient cause to support the charge of race discrimination.

    __________________________________________________________________________________________________

    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.

     
  • Coane & Associates 9:00 am on October 4, 2012 Permalink | Reply
    Tags: ,   

    Another DREAM Act-Deferred Action Case 

    Today, I got hired on another DREAM Act-deferred action type immigration case.

    Too bad the President had to order this program and that Congress is so politicized that they can’t agree to help young people. My new client is a nice 18 yr old girl from Mexico who was brought to America as a baby. She knows how to drive, but can’t get a license; she finished high school, but can’t go to college without proper ID. The State of Texas makes it very difficult for undocumented immigrants to enroll in college and to get a driver’s license.

    Thanks to the DREAM Act, or in particular, the President’s Deferred Action for Childhood arrivals program, I will hopefully get my 18 yr old client a work permit, social security number and a driver’s license in just a few short months. If you want to know more about this program, I made a video about it which you can watch here.

    Almost 100,000 young people have applied under this new program. It is believed that hundreds of thousands more are eligible, but have not come forward yet for various reasons. Some individuals worry that they may be disqualified due to an arrest or a short visit abroad. Our law firm takes on those more difficult cases, as well, and we do consultations to discuss such cases in-person, or via Skype or phone.

    __________________________________________________________________________________________________

    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.

     
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