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  • Coane and Associates,PLLC 8:20 pm on July 6, 2017 Permalink | Reply
    Tags: discrimination against disabled employees, , ,   

    Immigration Office Discriminates against the Disabled? 

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    The immigration laws passed by Congress provide special provisions for people with disabilities. In particular, there is a process called disability naturalization, where individuals who cannot learn to speak English or otherwise retain information because of a disability, can be exempted from certain parts of the naturalization process.

    As background, naturalization is the process to become a U.S. citizen. To become a citizen, a person must first, generally, have been a permanent resident with a green card. To obtain citizenship through naturalization, a person must speak English, take a history test and know how to read and write English. An exception to all of this, is if they have a disability such as blindness, deafness, mental disorder, etc.

    While historically, the immigration service has approved many of these cases, I have noticed a trend in Houston lately where the interviewing officers are looking for ways to deny disability naturalization or otherwise give the disabled a hard time. For example, in a case that I  had at the Houston immigration office today, the officer, Ms. C. Arredando, claimed that she could not read the doctor’s writing on the immigration form that the doctor is supposed to complete.

    While doctors may be notorious for their poor handwriting, the doctor’s writing in this case was clearly legible to this Houston immigration attorney. When the officer was losing that argument, she then claimed that the doctor’s signature was not original, but rather a scanned copy. All the while, this poor disabled client who does not speak English was being told she would have to come back (after driving two hours to get there and waiting over an hour until her name was called) another day with a clearer form and original signature.

    Sadly, this is the new reality of how disabled clients may expect to be treated when visiting the Houston immigration office. The notion of the government accommodating people with disabilities does not seem to ring true, from my recent experiences, at the Houston immigration office. Perhaps the current strategy of the Houston immigration office is to frustrate as many people as possible so that they will drop their efforts to become a U.S. citizen.

    For further information, I can be contacted at bruce.coane@gmail.com or 713.850.0066 or 305.538.6800.

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  • Coane and Associates,PLLC 3:18 pm on September 15, 2012 Permalink | Reply
    Tags: ,   

    Israeli Couple Finally Eligible for Green Card 

    I was hired yesterday by an Israeli couple who have been living illegally in the USA for over 20 years. They came to America legally with tourist visas, fell in love here, got married here, and never left.

    The couple had a baby in the U.S., but having a baby does not allow the parents to get any legal status. At the same time, the baby is automatically a USA citizen, by being born in America. However, once that baby grows and becomes an adult, it can sponsor its parents for lawful status when it turns 21 years old.

    Now, 21 years later, this couple’s baby is turning 21, and can now sponsor her parents for legal status in the USA. The parents, who have been living in the shadows for over 20 years, have been running a business, paying significant taxes, and generally helping the economy, all with no legal papers.

    I am looking forward to helping them through the massive amounts of paperwork to get their legal residence, now that their daughter is turning 21. They can finally come out of the shadows and live an even more productive life in America.

    __________________________________________________________________________________________________

    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 and Associates,PLLC 12:59 am on April 25, 2011 Permalink | Reply
    Tags: applying for asylum in the USA, , , National Security Issues   

    National Security Issues Delay Green Card 

    Many times, an individual applying for asylum in the USA, may have been a member of a political action group abroad. While such individuals may get asylum in the USA and be permitted to live here, how do they get a green card?

    Once an individual has lived as an asylee/refugee in the USA for at least one year, they may apply for a green card. In order to get a green card, they must pass certain background checks. Interestingly, the same membership in a political action group that warranted their getting asylum, can now cause them to have problems in getting a green card.

    Our office recently handled a case for a man from the nation of Cameroon. He was a member of a rebel group seeking democratic changes. Unfortunately, the USA government had his rebel group on a list of terrorist organizations. This caused a huge delay when he tried to get a green card. In fact, such delays are a nationwide problem.

    In my client’s case, he waited over 6 years before seeking help from my office. The immigration service now has a special officer in most cities, who is in charge of national security cases like this. The special officer will conduct the interview and then do a report to a supervisor and legal counsel, and that team will decide if the individual gets a green card or is denied for national security reasons. This process can take years.

    Some proven ways to dislodge a delayed green card case in thus situation is to enlist the help of a Congressman, or hire an attorney, or file a lawsuit to compel action. In the case of our client from Cameroon, he just recently received his green card, about 7 months after he hired our law firm.

    ________________________________________________________________________________________________

    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.

     
  • Coane and Associates,PLLC 1:51 pm on November 5, 2010 Permalink | Reply
    Tags: , green card holder, immigration quote   

    Green Cards come faster for spouses and unmarried children of Green Card Holders 

    There has always been an immigration quota for spouses and unmarried children of green card holders, to immigrate to the USA. That quota typically took 3-7 years before being able to get a green card, thereby keeping many families separated from one another.

    Just recently,in the late-summer of 2010, that green card quota has surged ahead so that instead of waiting 3-7 years, these individuals only need to wait about 5 months.

    In past years, the spouse of a green card holder would not even have a case filed, rather they would wait five years until the green card holding spouse became a USA citizen, before filing a case. That strategy no longer makes sense with a quota that takes only 5 months. As a result, our office has been filing many of these “2a preference cases,” in order to allow families to legally immigrate and be together again.

    The green card sponsor, such as the parent sponsoring unmarried children, does not even need to be in the USA to file the case. The entire visa petition process is all done by mail.

     
    • nancy 4:00 pm on September 16, 2011 Permalink | Reply

      What about age limit ? Does it matter how old the person in question is ?? I am 28 and my parents and sisters all have green cards. I alone am living in India and the youngest. Can my parents file for a green card for me ? I am unmarried and only child left behind. How long will it take for my green card to come if at all it is possible for my parents to file a petition for me ? Thanks.

      • Coane & Associates 3:22 pm on January 18, 2012 Permalink | Reply

        Parents can (and should) file, but it can take 3-10 years once you get on the waiting list, due to the quota.

    • ATUL SAINI 8:13 pm on March 18, 2012 Permalink | Reply

      I am US citizen. I have my brother in India he is unmarried age is 26 years. I want to bring him to US. MY MOM is green card holder.

      So what is fastest way that he can come to US to join us ?
      Which of the following option takes less time ?, what is estimated time ?and under what category we should apply his case to join us ?.

      1. If i(US citizen) file his case for immmigration

      or

      2. My MOM (Green card holder)files his case under Unmarried son of green card holder over the age of 21 year

      Or

      Please suggest some other way.

      Thanks with regards,

      Atul
      Cell 209-417-7248

    • Coane & Associates 2:44 am on June 14, 2012 Permalink | Reply

      There are several options, but certainly having your mother file is one of them.

    • precillia 11:30 am on April 17, 2013 Permalink | Reply

      i am green card holder ,my husband is us citizen.i want to file for my two kids age 8 and 19 ,the older one is unmarried who should file for them me or husband and how long will it take

    • Anonymous 7:57 pm on October 4, 2014 Permalink | Reply

      Hi,
      I have not found anything anywhere else stating that the process for an I married child of a green card holder takes only 5 months.
      Can you provide more information on this?

      Thanks

    • Manzoor shah 6:32 pm on June 23, 2015 Permalink | Reply

      Hello sir, my name is Manzoor shah from Pakistan .sir my mother, father and sister go to USA march 2015 , my mother father and sister green card holder , me and my little brother live in Pakistan . Me and my brother not going to USA . Me and my brother age 21 year older . Sir my parents potion me and my brother how much proses time . Sir ple help me

    • Bruce Coane 4:41 pm on June 28, 2015 Permalink | Reply

      he State Department publishes the various waiting times under the quota system. For example, right now, for children of lawful residents who are single and over-21, the government is giving green cards to those who filed petitions on or before Oct. 15, 2008.

    • fozi 5:54 am on January 20, 2016 Permalink | Reply

      my parents coming soon to immigration visa in USA But My younger brother unmarried 26 age alone in Pakistan How to come with my parents plz tell me

  • Coane and Associates,PLLC 8:49 pm on August 24, 2010 Permalink | Reply
    Tags: , , , immigration detention customs   

    Client Gets Green Card Back from Immigration After Airport Incident 

    Our client from Thailand, received a new green card today, after fighting for 2 years to get it back.

    What happened? It turns out she had been arrested for a couple of misdemeanors. Those arrests made it into the airport computers for customs and border protection. When she took a trip abroad and was returning to the USA, she was detained when passing through immigration, and they took away her green card. They still allowed her to enter the country.

    Since that time, more than two years ago, she has been trying to get back her green card, all to no avail. Finally, with our law firm’s efforts, using various forms and inquiries, she received a brand new green card in the mail today.

    This case presents a very common scenario. The government’s computers at the airport have been loaded with all sorts of criminal databases. If they detect an arrest of a non-citizen, they will often seize the green card and put the person in immigration court proceedings. It is important to remember, however, that the immigrant is entitled to proof of status and there are various ways to try to get such proof, and to get the green card back.

     
  • Coane and Associates,PLLC 12:23 am on June 29, 2010 Permalink | Reply
    Tags: , , passport seized at airport   

    Green Card Seized at Airport 

    Our client’s green card was seized by Department of Homeland Security (DHS) after she tried to re-enter the USA after a short trip abroad.

    The DHS now has most USA criminal records in the database at the airports. They even have criminal records from certain foreign countries, like Canada, etc.

    If the DHS believes the crime could make the person subject to deportation, they often seize the green card at the airport. Such a person, like our client, is then left with no proof of legal status.

    In our client’s case, we tried unsuccessfully to get the green card returned, and finally, today, the DHS office in New Orleans, stamped her passport with proof of legal status.

    Obtaining that stamp was no simple task because it requires the filing of form I-90, which is normally used to replace a lost or stolen passport. In this case it was neither lost nor stolen, and it took great effort to get DHS to accept the form. And, without proof that the form was filed, DHS was refusing to stamp the passport with proof of green card status. Now that she has proof again, our client can travel abroad, renew her driver’s license, and work legally.

     
    • rob saijjke 8:34 pm on July 7, 2010 Permalink | Reply

      mr coane, how often does this happen? can DHS take away your passport on suspicion of being a terrorist or illegal alien, without any cause or does that become a criminal matter?

      • Coane & Associates 9:15 pm on July 7, 2010 Permalink | Reply

        DHS can pretty-much do whatever they want at the port of entry (airport), including taking your passport, green card, etc. Of course, you can “challenge” that through the court system.

        • Anonymous 7:12 am on May 9, 2011 Permalink

          hi my passport has been kept by dhs. im anf1 student and i lost my status due to missing a lot of classes, so dhs came to my house took me to detention center. I was off within couple hours on bond of $1200, but the kept my passport. I have a court date at the end of July. So in this case my ID has expired, Is there any system to renew it.

    • Sam 1:05 am on July 8, 2010 Permalink | Reply

      Doesn’t that become a crime, then? And what is the statute of limitation for challenging the system?

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