Updates from November, 2017 Toggle Comment Threads | Keyboard Shortcuts

  • Coane and Associates,PLLC 10:04 pm on November 7, 2017 Permalink | Reply  

    Citizenship Applications in the U.S. Surge as Immigration Talk Toughens 

    This recent immigration article in the New York Times highlighted what I have been telling clients for many years.

    I have often urged my legal permanent resident friends and clients to become a USA citizen, because having a green card, alone, may not be sufficient to guarantee unimpaired readmission to the U.S. nor may it be sufficient to avoid deportation.

    The simplest of crimes, even where negligent, can cause a lawful immigrant to be deportable. Moreover, rules are constantly changing when it comes to non-USA citizens, and the non-citizen is constantly in jeopardy of losing legal rights, as compared to USA citizens. This Houston immigration lawyer and Miami immigration lawyer urges all eligible green card holders to apply for USA citizenship whenever they become eligible.

    Of course, in these unusual times for our country, the naturalization process to become a citizen has become more expensive, it takes significantly longer and it it is more difficult.

    For further information, I may be reached at bruce.coane@gmail.com or in Texas at  713.850.0066 or in Florida at 305.538.6800

    Advertisements
     
  • Coane and Associates,PLLC 9:28 pm on October 27, 2017 Permalink | Reply  

    Visa E-2 de Inversionista por Tratado Comercial 

    En nuestra sección de invitados, el post de hoy es de la abogada Ana G. Kyburg, quien se especializa en derecho de inmigración. En su post, la Sra. Kyburg describe los elementos y características de la visa E-2 de inversionista bajo tratado.

    La visa E-2 de inversionista bajo tratado es una buena opción para aquellas personas que desean invertir en los Estados Unidos y garantizar la supervisión de los fondos de inversión. Se trata de una visa no inmigrante que, en principio, tendría una duración inicial de 2 años, y podría ser prorrogada por otros 2 años de manera ilimitada, salvo por ciertas excepciones.

    Habiendo ya experimentado la preparación, tramitación, y aprobación de visas E-2 para clientes de nuestra firma, me gustaría compartir algunos datos sobre este tipo de visa no inmigrante.

    En primer lugar, la visa E-2 se encuentra disponible para inversores provenientes de un país con el cual los Estados Unidos mantenga un tratado comercial. ¿Cómo puede una persona saber si es ciudadana de un país que mantiene este tipo de tratado con los Estados Unidos? La respuesta se encuentra aquí: https://mx.usembassy.gov/es/visas-es/inversionistas/

    Los interesados en aplicar a la visa E-2 no solo tienen que ser ciudadanos de un país que mantenga un tratado de comercio y navegación con los Estados Unidos, sino que también deben realizar una inversión substancial de capital en un negocio en los Estados Unidos. Ciertos empleados de tal negocio con un cargo ejecutivo o supervisor pueden llegar a calificar para obtener la visa E-2.

    En definitiva, los requisitos generales para calificar para una visa no inmigrante E-2 inversionista de tratado son los siguientes:

    • Ser ciudadano de un país con el cual los Estados Unidos mantiene un tratado de comercio y navegación;
    • Haber invertido, o encontrarse activamente en el proceso de invertir, una suma substancial de capital en una empresa o negocio de buena fe en los Estados Unidos;
    • Entrar a los Estados Unidos con la sola intención de desarrollar y dirigir la empresa/negocio en el cual se invierte. Esto puede demostrarse probando ser el dueño de al menos el 50% de la empresa o teniendo control operacional a través de un puesto gerencial.

    Bajo el régimen de la visa E-2 por tratado, una inversión consiste en la puesta en riesgo, en sentido comercial, de capital, incluyendo fondos u otros bienes, con el objetivo de generar ganancia. El capital debe estar sujeto a pérdida parcial o total en el supuesto en que la inversión fracase. Es muy importante que el inversionista de tratado demuestre que los fondos no han sido obtenidos de manera ilegal. Asimismo, la empresa en la cual se invierte no debe ser marginal, es decir, debe poseer la capacidad (ya sea en el presente o en el futuro) de generar suficiente ganancia como para que el inversor por tratado y su familia puedan vivir.

    La visa E-2 puede ser tramitada dentro de los Estados Unidos, ingresando en USCIS el Formulario I-129 y solicitando el cambio de status a E-2, o desde el exterior, a través de un Consulado u Embajada de los Estados Unidos.

    El proceso de tramitación de este tipo de visa no inmigrante requiere de un detallado análisis de la documentación contable de la empresa, y el sometimiento de determinada evidencia clave. Nuestra firma cuenta con abogados experimentados en visas E-2 de inversionista bajo tratado. Si usted tiene preguntas acerca de este tipo de visa no inmigrante o desea comenzar su tramitación, estaríamos más que felices en brindarles nuestros servicios.

    Para más información nos pueden contactar al 713-850-0066 o al 305-538-6800, también pueden mandar un correo electrónico a bruce.coane@gmail.com.

     
  • Coane and Associates,PLLC 8:01 pm on October 17, 2017 Permalink | Reply  

    October in Miami: A Lawyer’s Perspective 

    Here is the view from the office of this Miami immigration lawyer and Miami  discrimination lawyer, today. Our staff is diligently working on our clients’ immigration and discrimination cases from our Florida headquarters in South Beach.

    IMG_1920

    IMG_1919

    While I will be back in our Houston office tomorrow, I personally prefer the view from our South Beach office. Today, I was working on a couple of our local discrimination cases against Kohl’s Department Store and against Checker’s. We are representing clients before the Miami EEOC in discrimination cases against those two companies. Also, we are working on preparing Summons documents after suing Johnson and Wales University in Miami for allegedly discriminating against our client, a Native American at that school. And, finally, we are working on a lawsuit against the Oppenheimer & Co. for religious discrimination where our Jewish client was allegedly taunted with bagel jokes and other derogatory religious comments before they fired him.

    On the immigration side of our practice, I was so pleased to see the approval of our horse trainer client’s case today. We have been working on that case for ten years and it finally got approved. In these times of America First, it is not easy to be getting foreign worker applications approved. However, in this case of the horse trainer from Mexico, we tested the labor market and were able to prove that there were no available USA workers for the job.

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

     
    • Anonymous 3:17 pm on October 18, 2017 Permalink | Reply

      You are the best Mr Coane

    • Jenn 7:54 pm on October 18, 2017 Permalink | Reply

      Great work, Bruce!

      On Tue, Oct 17, 2017 at 3:01 PM, Coane and Associates, PLLC wrote:

      > Coane and Associates,PLLC posted: “Here is the view from the office of > this Miami immigration lawyer and Miami discrimination lawyer, today. Our > staff is diligently working on our clients’ immigration and discrimination > cases from our Florida headquarters in South Beach. While I will” >

  • Coane and Associates,PLLC 3:42 pm on July 28, 2017 Permalink | Reply  

    Immigration Arrests and Raids and Employment Law Update 

    Here is a video of a speech that I gave a few months ago to an overflow crowd in Houston. I was talking about my predictions for immigration raids of churches, hospitals, synagogues, mosques and other places where immigration officials historically would not visit.

    While the video is several months old, some of my predictions are already coming to fruition, where spouses of Americans with no criminal record are being arrested and deported and where according to some of my clients, immigration officials are “rounding-up” foreigners in some of the smaller, more rural areas. With my 30+ years of experience in immigration law, I am uniquely situated to advise individuals, companies and non-federal government agencies on how our laws work and exactly what is going on right now. I have been staying very busy, lately, doing just that.

    In other matters at our office the past couple of weeks, I had the opportunity to visit with clients from some of the smaller countries of Africa, such as Equatorial Guinea, Burkina Faso (formerly known as Upper Volta) and Angola. In addition to providing legal advice to these clients, this Houston immigration lawyer and Miami immigration lawyer always finds it interesting to talk to them about their culture, language, and other aspects of their country.

    On the employment law and employment discrimination law front, I am currently in Phoenix, Arizona for two days of depositions. My client sued Dignity Health in Phoenix, alleging he was fired due to sex discrimination and retaliation. The essence of his allegations are that his boss was sleeping with his co-worker, that Dignity knew about it and allowed it to continue, and when there was a lack of funding, his supervisor chose to keep his female co-worker (the one sleeping with the boss) , rather than my client. In addition to the two days of depositions, I have been enjoying the regional food, the dry heat and 100+degree temperatures, and the sight of all the exotic desert flowers and cactus plants.

    Lastly, it has been a busy month for court hearings on our employment discrimination cases. We went to court twice this month in our client’s case against Wells Fargo, where our client claimed race discrimination, and the bank sued her back for alleging stealing money from the vault. We also had a court hearing in our client’s case against Hobby Lobby, where he alleges he was fired in retaliation for complaining about sex discrimination.

    For further information, I may be reached in Houston at 713.850.0066 or in our Miami office at 305.538.6800. I can also be reached at bruce.coane@gmail.com.

     
    • Helen Surovek 6:18 pm on July 28, 2017 Permalink | Reply

      LOVE the great work you do, Bruce. Had I had the privilege of higher education, I would have been doing something similar…helping those in need of help. With the know-how to
      maneuver through the maze of our wonderful legal system. Keep up the good work~!

  • Coane and Associates,PLLC 8:44 pm on June 5, 2017 Permalink | Reply  

    Police Right to Act as Immigration Officers 

    CBP Officers pay tribute to fellow fallen officers during a Law Enforcement memorial service in Washington D.C.

     

    In certain parts of the country, police are taking it upon themselves to act as immigration officers. In the most recent case of illegal arrests and detentions, Ariel Vences-Lopez, a 23 year old from Minneapolis was detained by a transit rail police officer. Mr. Lopez failed to pay his fare and refused to verbally respond. This led to police officer, Andy Lamers, proceeding to taser and detain Mr. Lopez due to his immigration status.

    In the New York Times article, police Chief John Harrington states that, “it is not his department’s policy to question riders about their immigration status. Harrington said the officer who questioned Vences-Lopez in the video is no longer with the department”. The police officer who over-stepped his power was disciplined.

    While most state governments ensure to keep the line between police officers and immigration officers very clear and even punishable if crossed, the State of Texas encourages their police officers to ask for immigration status under Senate Bill 4 (SB4). This new law signed by Governor Gregg Abbott, grants local police the power to act as federal immigration officers. In an attempt to curb illegal immigration, Texas has taken a very tough stand against immigrants.

    Senate Bill 4, which goes into effect on September 1, 2017 is already creating a lot of negative backlash.  Now a simple act like driving without a license can get you detained and even deported if you are of color. Police are even encouraged to ask for immigration status in domestic violence calls.  In another controversial news story from The Washington Post, a woman was detained after seeking domestic abuse protection at a Texas courthouse.

    For further information, this Houston immigration lawyer and Miami immigration lawyer can be contacted at 713.850.0066, 305.538.6800 or bruce.coane@gmail.com.

     
  • Coane and Associates,PLLC 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.

     
  • Coane and Associates,PLLC 1:10 am on September 14, 2012 Permalink | Reply
    Tags: , ,   

    Disability Naturalization – A Way for Older Residents to Become a USA Citizen 

    In order to become a USA citizen, a person, generally, must first be a lawful permanent resident (green card) for a number of years. In addition, the person must be able to speak English, pass a history test in English and be able to read and write English.

    U.S. Citizenship Naturalization

    photo: Flickr

    Many older residents are unable to understand English sufficiently to pass the test, and therefore never get USA citizenship. There is a solution for those struggling with English, and that is through disability naturalization.

    The law provides that if a person is disabled, the English language requirements can be waived. At our law firm, we have helped many people become U.S. citizens, where they could not learn English. In order to qualify, the individual must be certified by a doctor to have a disability that prevents them from learning English. Many times this could be onset dementia, Alzheimers, or other less tragic illnesses that may be affecting memory or language skills.

    Any older person who cannot get their naturalization due to lack of English skills should definitely explore citizenship through naturalization through the disability waiver.

    __________________________________________________________________________________________________

    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 9:32 am on August 17, 2012 Permalink | Reply
    Tags: , ,   

    Deferred Action and Work Permits: No Need to Wait in Long Lines 

    The front page of Thursday’s New York Times, showed a long line of people at a local U.S. Immigration office seeking information and forms about the new rule allowing work permits and deferred action status for young people.

    All of the information and forms are available online at the USCIS website, and it is ironic that young people, the largest users of everything internet-related, would be out in the hot sun lining up at the immigration office. Every answer to every possible question, in general, is available on the CIS website. Of course, there are grey areas, and from my perspective, the worst person to ask about grey areas would be an immigration office employee who does not adjudicate the applications. Applicants with grey area questions or other serious immigration issues would be well-advised to seek the help of a competent immigration lawyer.

    Finally, while the government made the forms and information available on August 15, the local offices are not accepting the completed applications. Like all immigration forms, the applications must be mailed in, and I always recommend it be done by certified mail.

    __________________________________________________________________________________________________

    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 5:25 am on August 16, 2012 Permalink | Reply
    Tags: , Form I-821D,   

    Deferred Action “Amnesty” for Young People Has Complicated Instructions 

    In true government fashion, the new deferred action program has 9 pages of instructions on how to fill out the form and how to be qualified. It reminds me of reading the instructions to tax forms, although in this situation, the immigration service uses a larger font than the IRS, making the instructions more reader friendly. Either way, if an applicant has any issues or does not have lots of documents, they may have difficulty proving they are entitled to deferred action and the work permit that comes with it.

    __________________________________________________________________________________________________

    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 8:23 am on July 5, 2012 Permalink | Reply
    Tags: cancellation of removal, ,   

    Deportation for Drug Possession? 

    Today I am preparing for an immigration court trial that takes place later this week.

    My client is from Honduras and has been a legal immigrant for over 15 years. He has been eligible for U.S.citizenship for many years but never applied. Has he applied and become a U.S.citizen, then he would have not been subject to these deportation proceedings.

    He was arrested for possession of cocaine with intent to distribute. He plead guilty to the lesser offense of possession, but still must fight immigration allegations that he was “dealing.”

    At trial this week, we will need to prove that he was not dealing cocaine, and that the large quantity he was charged with possessing was not his or otherwise not under his control.

    Fortunately, a law known as cancellation of removal allows a judge to let our client keep his green card (legal immigrant status) if we can prove he’s not a dealer and that there are equities in his favor.

    One final note, and that is, there is mandatory jail detention for any legal immigrant charged with a drug offense other than, perhaps, simple possession of a small quantity of marijuana. So, my client has been in immigration jail for many months, waiting for this trial which will get him released immediately if he wins.

    __________________________________________________________________________________________________

    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.

     
    • claire 10:41 am on May 20, 2015 Permalink | Reply

      what happens if u are married to a us citizen and they bring drugs into your home to sell but u never do drugs and are not involved can u get deported and could you lose your licence if u are an attorney . Is this worse than marrying a stranger and being done for marraige fraud. please advice . please it’s for my bf and she won’t visit a lawyer for advice she lives in N.Y. and her bf Is a felon

c
Compose new post
j
Next post/Next comment
k
Previous post/Previous comment
r
Reply
e
Edit
o
Show/Hide comments
t
Go to top
l
Go to login
h
Show/Hide help
shift + esc
Cancel
%d bloggers like this: