Updates from October, 2012 Toggle Comment Threads | Keyboard Shortcuts

  • 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.

    • Immigration Lawyer Ilford 5:44 pm on January 17, 2013 Permalink | Reply

      Hey! This is my first visit to your blog! We are a team of volunteers and starting a
      new initiative in a community in the same niche. Your blog provided us useful information to work
      on. You have done a marvellous job!

      • AGM 10:23 pm on April 21, 2014 Permalink | Reply

        Am facing same problem now. Please help me!!!

    • how to get free gems on dragon vale 4:02 am on May 26, 2013 Permalink | Reply

      Woah! I’m really digging the template/theme of this website. It’s simple, yet effective.
      A lot of times it’s challenging to get that “perfect balance” between superb usability and visual appeal. I must say that you’ve done
      a superb job with this. Additionally, the blog loads super fast for me on Safari.
      Outstanding Blog!

    • 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

    • Abbott 11:33 am on August 4, 2014 Permalink | Reply

      This is my first visit to your blog! We are a team of volunteers and starting a
      new initiative in a community in the same niche.

  • Coane & Associates 7:15 pm on June 12, 2012 Permalink | Reply
    Tags: , immigrant investors,   

    Immigrant Investors at Record Levels in USA 

    Here is an interesting article about a growing trend of immigrant investors.

    Citizenship for Sale: Foreign Investors Flock to U.S.

    Not too long ago I spoke on a radio program about such investments that result in a green card for immigrants.

    The government allows green cards for two types of investments. For a passive investor, it is $500,000, and for an active investor who will start his/her own business, the investment is $1million.

    __________________________________________________________________________________________________

    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 2:36 am on May 18, 2012 Permalink | Reply
    Tags: H-1B denials, , Request for Evidence,   

    H-1B Work Visa Denials: The Solution 

    Many foreign workers are finding it difficult to renew or obtain an H-1B working visa. Employers are also becoming frustrated at being unable to get visas for their workers. H-1B denials are becoming commonplace, as are massive RFE’s (Requests for Evidence).

    When all else fails, and that includes the hopeless appeal, I “appeal” such cases to the federal courts. Many times, such an appeal to federal court succeeds, either because the U.S. Attorney agrees to settle, or because the judge issues a favorable decision for the company and employee.

    There is no reason for employers and workers to give up and drop the case, when there is a federal judicial system, willing to exercise jurisdiction, and consider the merits of the H-1B claim.

    __________________________________________________________________________________________________

    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.

     
    • Deepak 9:00 am on June 12, 2012 Permalink | Reply

      Business Immigration Visa assists businessmen and investors (High Net-worth Individuals/HNIs), residing in any part of the world, willing to make an investment in a foreign country and at the same time wanting to obtain residency/permanent immigration of that country.

      visit http://businessimmigrationvisa.com/ for details

  • Coane & Associates 2:25 pm on April 8, 2012 Permalink | Reply
    Tags: , U.S. visa,   

    H-1B Working Visas Available for Foreign Nationals 

    The H-1B working visas allows foreign nationals to work in the USA in a specialty occupation that requires a bachelor’s degree.

    There is an annual cap on such visas of approximately 65,000, and each year the cap has been reached. On April first the cap re-opened allowing foreign workers to be sponsored by American companies for jobs in the U.S. There are all sorts of complex rules and regulations for this visa, and as can be seen in the attached article, the debate continues concerning this long-standing work visa program. Our law firm, Coane and Associates, PLLC regularly advises workers and employers on the intricacies of this visa, and we represent them before the Department of Homeland Security in obtaining such visas.

    Here is an interesting article on H-1B working visas from The Star Telegram.

    __________________________________________________________________________________________________

    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 10:13 am on November 10, 2010 Permalink | Reply
    Tags: constitutional challenges, F-1 student visa, H-4 visa   

    H-4 Visa explained 

    An H-4 visa is a visa issued by the U.S. Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the H-1B visa holders. An H4 Visa allows the spouse or child of an H-1B Visa holder to live and study in the United States.

    USCIS allows immediate family members of H visa holders (H-1A, H-1B, H-2A, H-2B, or H-3) to get H-4 visas to lawfully come and stay in the US. These visas are usually issued at the local US consulate office abroad. However, if the person is already in US, he or she can obtain H-4 visa by filing Form I-539 for change of status.

    H-4 visa holders are not eligible to get a Social Security Number and cannot be employed, but they can hold a driver’s license, open bank accounts, and get an Individual Taxpayer Identification Number for US tax purposes.

    Family members may alternatively be admitted in other non-immigrant categories for which they qualify, such as the F-1 category for children or spouses who will be students or the H-1B category for a spouse whose employer has also obtained approval of an H-1B visa petition to employ the spouse. An H-4 visa holder is admitted to the US for the duration of the primary (H-1B, H-2A, H-2B, or H-3) visa validity.

    Since H-4 visa holders are not issued a social security number, an ITIN (Individual tax identification number) should be obtained before filing for joint tax returns by filing Form W-7. They are not authorized to work in the United States, though they are allowed to study.

    Did you know that a child’s H-4 Visa status automatically expires when the child turns 21? Even if the U.S. government mistakenly gives you an expiration date that is past the child’s birthday, your child will be out of status if he or she remains in the U.S. after turning 21.

    What can you do to prevent your child from becoming out of status? The most important thing you can do is plan ahead. There are ways for your child to obtain a different visa and change status. For example, your child might be able to enroll in school and receive an F-1 student visa. You should consult with an experienced immigration lawyer at least one year before your child turns 21 to determine how he or she can legally remain in the United States.

    ________________________________________________________________________________________________

    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 & Associates 9:20 am on November 8, 2010 Permalink | Reply
    Tags: entrepreneur visa, entrepreneur visa program, investor visas, National Foundation for American Policy   

    NFAP suggests Entrepreneur Visa program 

    A new report from the National Foundation for American Policy (NFAP) urges Congress to establish an entrepreneur visa program to foster job creation. The entrepreneur visa would allocate 10,000 visas per year to foreign citizens allowing them conditional residency in the U.S. The intending immigrant would be required to present a business plan to be evaluated by the U.S. Small Business Administration. Conditional status would be removed and a green card awarded after two years if the individual satisfied the terms of the visa by creating three or more non-relative U.S. workers.

    The proposed entrepreneur visa program is separate from the EB-5 investor visa. The current investor immigrant visa program requires a capital investment of $500,000 or more and is out of reach for most prospective immigrants. There is no minimum capital requirement specified in the entrepreneur visa program. Check out the press release from the NFAP website: http://www.nfap.com/pressreleases/NFAP092010.pdf

    ________________________________________________________________________________________________

    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 & Associates 3:55 am on November 6, 2010 Permalink | Reply
    Tags: , fiance visa process, top 5 reasons to hire an immigration lawyer   

    Can you bring your foreign fiancé to the US for marriage? 

    Congratulations — You are newly engaged and planning to bring your foreign fiancé to the United States for marriage. You’ve done some research, and you downloaded the Form I-129F, Petition for Alien Fiancé. You’ve done your Internet research: Wikipedia, free online resources, case law, advice from friends and family, and the list goes on. You may be thinking, “This looks easy, maybe I should just do it myself. It will save me money”. Sure you can do it yourself and save money, but you do really understand the complex process? On paper it looks simple, but wait, the buck stops here.

    There are many compelling reasons to hire an immigration lawyer to handle your fiancé visa.

    Here are the top 5:

    1. Immigration Lawyers Know the Law
    U.S. Immigration law is complicated, even for some lawyers. Also, the rules are constantly changing, and it helps to have someone who is up to date on the latest laws and statutes.

    2. An Immigration Lawyer Can Represent You
    Only a licensed lawyer can represent you before the United States Citizenship and Immigration Services (where the fiancé visa petition is filed), the National Visa Center (where the name checks are conducted) or at the U.S. Embassy or Consulate (where your fiancé will be interviewed and the K-1 visa will be issued).

    3. An Immigration Lawyer Get Things Done Faster
    If you choose to prepare your own fiancé visa petition, you will quickly realize there are a number of forms required. You may have to stop frequently to do more research. An experienced immigration lawyer will prepare your fiancé visa petition quickly and correctly.

    4. An Immigration Lawyer Can Prevent Costly Mistakes
    There are multiple rules regarding your fiancé’s ability to travel to the United States during the fiancé visa process. For example, if your fiancé is issued a K-1 visa, they must use it to enter the U.S. and not any other visa and you must marry within a specified period of time. Mistakes in this regard can result in you having to start the fiancé visa process all over again (including paying the fees) or your fiancé being unable to remain in the U.S.

    5. An Immigration Lawyer Can Prevent Lengthy Delays
    Out of all the reasons for hiring an immigration lawyer, this is the most compelling for many engaged couples. According to the Office of Immigration Statistics, approximately 40 to 60% of all fiancé visa petitions filed every year are not approved. Thus, an experienced, knowledgeable immigration lawyer can prevent any lengthy delays and give you peace of mind.

    If the USCIS finds some technical mistake or omission in the paperwork you submitted to them, they will send you a formal letter (also known as a Request for Evidence or RFE) telling you what you did wrong. This form will often be sent several months after you originally filed your petition. Often, when you submit the required correction, they will again wait several months and again return the forms to you with another cover-sheet informing you of a second technical error or omission. Even writing N/A in a box can result in an RFE. Each RFE may add about six more months to the process.

    Call us at Coane & Associates at 713-850-0066 (Houston) or 305-538-6800 (Miami) today for a consultation with one of our experienced immigration lawyers. Also, visit us on the web at http://www.coane.com.

     
    • Emily 1:20 pm on November 6, 2010 Permalink | Reply

      That’s some good info to remember. Thanks.

    • William 3:18 am on November 8, 2010 Permalink | Reply

      Mr. Coane, what is the fee for bringing my fiance to the US from the Malaysia?

    • Walter Chandler 12:58 am on November 10, 2010 Permalink | Reply

      My girlfriend lives in China. How difficult would it be to bring her to the the USA? I plan on marrying her, but not until early next year. What’s the process and how complex is it really? Do you charge an hourly fee or a flat rate fee? I currently live in Austin and but have a house in Houston. However, our permanent residence will ultimately be in the Woodlands area. Thanks, Walt

    • Fiancé Visa Attorney 9:02 am on June 15, 2011 Permalink | Reply

      I always admire the way you present your blog site posts.They are always so informative and neatly placed with the simplest of words used.Thanks a lot for sharing.

  • Coane & Associates 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 & Associates 5:39 pm on September 9, 2010 Permalink | Reply
    Tags: august 2010 visa bulletin, employment based visa, september 2010 visa bulletin, visa bulletin   

    September 2010 Visa Bulletin: A Great Leap Forward for Some… 

    Recently, we spotted some language written by the State Department in the August 2010 Visa Bulletin which indicated that certain categories might advance rapidly in the September 2010 Visa Bulletin. And for many thousands of people, the September Visa Bulletin is a dream-come-true. Not for those with India and China employment-based (EB) priority dates who have been waiting in line for much too long (Did you hear that, Congress?).

    For who does the September 2010 Visa Bulletin apply to?

    In particular, for those in the worldwide EB-3 category for instance — For professionals and skilled workers, the numbers advanced over 5 months in September while for unskilled workers, the advance was over 10 months. The worldwide family numbers advanced between 2 and 12 months, much faster than they did back in September 2009. The biggest movers in the worldwide family categories were 2A (spouses and children of permanent residents) and 2B (unmarried adult sons and daughters of permanent residents). 2A advanced 10 months while 2B moved forward one full year!

    Thus, there are people stuck in the worldwide family backlogs have something to cheer about, persons born in the Philippines, a country where demand for visa numbers far outpaces the supply, are positively ecstatic! Family 1st advanced by one full year, 2A by 10 months, 2B by one year, 3rd by 8 months and 4th by 9 months! (Thanks, Congress for listening…)

     
  • Coane & Associates 9:24 pm on July 7, 2010 Permalink | Reply
    Tags: H-1B quota, , ,   

    H-1B working visas still available 

    The immigration service continues to accept H-1B visa applications for specialty occupation jobs (those that require a bachelors degree). The quota opened at 65,000 visas on April 1, 2010, and prior to the recession, the quota would be exhausted by April 2. However, this year (and last year), work visa numbers continue to be available well-past April. In fact, the latest count from the government shows that only 23,500 visa numbers have been requested by sponsoring employers, since April 1, 2010.  The current quota is for H-1B jobs with a start date on or after Oct 1,2010, which is the new fiscal year for work visas.

     
    • Minh Tran 3:32 pm on September 1, 2010 Permalink | Reply

      Mr. Coane,how does the H-1B work? Is there still availability for them after Oct 1?

      • Coane & Associates 3:37 pm on September 1, 2010 Permalink | Reply

        Yes, the H-1B visa is available for individuals to work in the USA. As you may know, there is a quota, but this year, it has not been an issue. There are still quota numbers available for individuals to start work on or after October 1, 2010. For further questions or assistance, feel free to contact me at 713-850-0066 or 305-538-6800.

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: