Updates from February, 2018 Toggle Comment Threads | Keyboard Shortcuts

  • Coane and Associates,PLLC 3:39 pm on February 14, 2018 Permalink | Reply
    Tags: i9, ICE, w4, Work authorization, work permit   

    Employers will be seeing stepped-up Immigration Inspections 

    In a recent article in the Houston Chronicle, it was noted that ICE will engage in stepped-up enforcement at work-sites, looking for undocumented workers or other violations of immigration law.

    cronice

    http://www.houstonchronicle.com/business/columnists/tomlinson/article/Employers-should-prepare-for-immigration-12486366.php

    It is unlawful for an employer to hire or employ a person who is not a citizen or otherwise authorized to work in the United States.

    There are severe penalties for employers that fail to get a properly completed I-9 form from every worker. These forms are just as important as the W-4 or background check done for every new worker.

    If the I-9 form is not properly signed or dated, or missing information, there can be huge paperwork penalties that amount to tens of thousands of dollars. This Houston immigration lawyer and Miami immigration lawyer has defended businesses on such cases in the past, helping clients to avoid huge penalties.

    The other issue is that if ICE wants to, they can criminally charge the employer and arrest the owners of the business if they find any undocumented workers. It is very important for employers to make sure that their workers are all properly documented, or the employer should consider terminating the worker or helping them to apply for a work permit. Even for undocumented workers, there are often ways to get work permits.

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

     

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  • Coane and Associates,PLLC 3:52 pm on February 13, 2018 Permalink | Reply  

    Colapso Inmigratorio… ¿TPS? Soñadores? ¿Migración de cadena? 

    A medida que nuestro sistema de inmigración continúa siendo noticia de primera plana, he observado como todo el sistema se derrite literalmente. Como Abogado de Inmigración Certificado por la Junta directiva, mi trabajo consiste en encontrar soluciones como una barricada tras la barricada puesta ante mis clientes individuales y comerciales. En este reciente artículo en la revista Playboy, fui citado en relación con la revocación de TPS y permisos de trabajo para más de 200,000 personas de El Salvador en los Estados Unidos.

    El-salvador_main

    http://www.playboy.com/articles/what-could-happen-if-the-president-actually-tries-to-deport-200-000

    No, estas 200,000 personas no son miembros de la pandilla MS-13, más bien han sido completamente investigados y pasaron todos los controles de seguridad. A medida que el presidente y sus designados revocan programa tras programa y cierran caminos para la inmigración, los ciudadanos regulares se defienden. Como mencioné en el artículo anterior, hay soluciones disponibles para los salvadoreños, pero ninguna será tan fácil como simplemente renovar su estatus TPS y permisos de trabajo como lo han hecho durante más de una década.

    Con respecto a los Dreamers, el problema ha estado causando la amenaza de cierres del gobierno. Por supuesto, todo el asunto fue creado cuando nuestro Presidente revocó el estado Dreamer (DACA) para los cientos de miles de jóvenes que salieron de las sombras para solicitar este beneficio del gobierno, con la promesa de permisos de trabajo al registrarse. A diferencia de TPS, su servidor, abogado de inmigración de Houston y abogado de inmigración en Miami les informa que no hubo nada “temporal” sobre el programa DACA. Fue establecido por una orden ejecutiva del Presidente Obama, que el actual Presidente ha revocado, creando así el problema DACA.

    No es mi trabajo criticar al presidente, así que permítanme señalar que estoy de acuerdo con él en que debería haber una solución permanente para DACA, pero revocar y cancelar el programa puede no haber sido la mejor manera de llegar a esa solución. Por otro lado, tal vez el Presidente lo vio como una forma de presionar al Congreso para tratar el tema, aunque a expensas de los cientos de miles de jóvenes que tienen que preocuparse diariamente por su estatus migratorio.

    Finalmente, está la noción de inmigración en cadena, una frase que jamás escuché en mis décadas de experiencia como abogado de inmigración en Houston. Quizás debería comenzar por decir que me especializo en la migración en cadena, junto con mis otras especialidades de inmigración, pero a decir verdad, esa frase no existe en ninguna parte de la ley. Como Abogado de Inmigración Certificado por la Junta Directiva, no tengo idea de qué es la migración en cadena.

    Según algunos de los discursos del Presidente, al parecer se refiere a nuestro sistema de inmigración basada en la familia. Según nuestras leyes, hay dos formas principales de inmigrar a los Estados Unidos, De acuerdo a nuestras leyes, la inmigración basada en negocios y la inmigración basada en la familia. También hay otras formas, como los refugiados, etc., pero estas son las dos formas principales de inmigrar.

    La inmigración basada en la familia es nuestro sistema legal donde los ciudadanos estadounidenses pueden traer a su cónyuge, padres y / o hijos. Un ciudadano de EE. UU. También puede patrocinar a un hermano o hermana, pero esa categoría de inmigración generalmente toma de 15 a 25 años, dependiendo del país de origen. Por lo tanto, mediante la migración en cadena, ¿el régimen actual trata de evitar que un ciudadano estadounidense patrocine a su esposo o esposa nacido en el extranjero para que viva con el en los EE. UU? ¿Pretenden evitar que los hijastros nacidos en el extranjero o los abuelos que a menudo cuidan a los niños, vengan a los Estados Unidos? Esta es una cuestión aun sin responder.

    Como la frase “migración en cadena” no existe en la ley, tal vez signifique revocar toda inmigración basada en la familia, o tal vez sea un concepto en desarrollo revocar la mayor cantidad de leyes posible que permitan la inmigración basada en la familia. Cabe recalcar que las mismas leyes basadas en la familia que permiten a mis clientes de Noruega patrocinar a sus padres o hijos para venir a Estados Unidos son las mismas leyes que permiten a mis clientes haitianos y filipinos patrocinar a su cónyuge e hijos y padres para que vengan a los Estados Unidos

    Espero que este artículo les ayude a entender el debate actual sobre inmigración. Es importante saber exactamente qué dicen realmente la ley y las regulaciones federales, en lugar de generalizar y afirmar que todos los que cruzan la frontera ilegalmente son traficantes de drogas y pandilleros MS-13 (¡no podría estar más lejos de la verdad!), O que todos los inmigrantes (o un gran porcentaje) son criminales. Estoy seguro de que el mismo pequeño porcentaje de la población inmigrante que es criminal, coincide (o es incluso menor) con el porcentaje de estadounidenses nativos que son criminales. Notarás que aquellos que buscan detener la inmigración legal a este país no citan ningún estudio o estadística válida, sino que citan un accidente automovilístico o un asesinato cometido por un inmigrante, mientras que miles de incidentes similares, tristemente, son cometidos por estadounidenses nacidos aquí todos los días.

    Finalmente, prometí mencionar el “colapso”. A medida que el régimen actual cancela los programas de inmigración y busca nuevas leyes para deportar a tantas personas como sea posible, también se están desacelerando y luchando contra la aprobación de casos legales de inmigración en todo el país. Para las empresas con trabajadores extranjeros aprobados, el gobierno ha anunciado que volverán a visitar esas aprobaciones y, en muchos casos, están reclamando errores en las aprobaciones y cancelando permisos de trabajo o revocándolos. Esto se ve en todo el país con los permisos de trabajo válidos H-1B y L-1. En nuestro bufete de abogados, afortunadamente, hemos tenido éxito en la lucha y en mantener a nuestros trabajadores extranjeros de nuestros clientes legítimamente empleados, pero no es fácil y es costoso. En otros casos, se acumularon grandes retrasos en la inmigración legal, mientras que al mismo tiempo, el gobierno ha insistido en acelerar los casos de deportación.

    Para obtener más información, su servidor,  abogado de inmigración de Houston y abogado de inmigración de Miami puede ser contactado en bruce.coane@gmail.com, o al 713.850.0066 o 305.538.6800.

     
  • Coane and Associates,PLLC 3:11 pm on February 9, 2018 Permalink | Reply
    Tags: , DACA, GreenCard, H1B, L1, , VISA   

    Immigration Meltdown…..TPS? Dreamers? Chain Migration? 

    As our immigration system continues to be front-page news, I’ve been watching the entire system literally melt down. As a Board Certified Immigration Lawyer, it is my job to come up with solutions as roadblock after roadblock is placed before my individual and business clients. In this recent article in Playboy magazine, I was quoted in connection with the revocation of TPS and work permits for over 200,000 people from El Salvador in the U.S.

    El-salvador_main

    http://www.playboy.com/articles/what-could-happen-if-the-president-actually-tries-to-deport-200-000

    No, these 200,000 people are not MS-13 gang members, rather they have been fully vetted and passed all security checks. As the president and his appointees revoke program after program and shut down paths to immigration, regular citizens are fighting back. As I mention in the article above, there are solutions available for Salvadorans, but none will be as easy as simply renewing their TPS status and work permits as they have done for over a decade.

    With regard to Dreamers, this issue has been causing the threat of government shutdowns. Of course, the whole issue was created when our president revoked Dreamer status (DACA) for the hundreds of thousands of young people who came out of the shadows to apply for this government benefit, with the promise of work permits for registering themselves. Unlike TPS, this Houston immigration lawyer and Miami immigration lawyer reports that there was nothing “temporary” about the DACA program. It was established by an executive order of President Obama, which the current president has revoked, thus creating a DACA problem.

    It is not my job to criticize the president, so let me point out that I do agree with him that there should be a permanent solution to DACA, but revoking and canceling the program may have not been the best way to reach that permanent solution. On the other hand, perhaps the president viewed it as a way to put pressure on Congress to deal with the issue, albeit at the expense of the hundreds of thousands of people who have to worry daily about their immigration status.

    Finally, there is the notion of chain migration, a phrase that I never heard before in my decades of experience as a Houston immigration lawyer. Perhaps I should start saying that I specialize in chain migration, together with my other immigration specialties, but truth be told, that phrase exists nowhere in the law. As a Board Certified Immigration Lawyer, I have no idea what chain migration is.

    According to some of the president’s speeches, it apparently refers to our system of family-based immigration. Under our laws, there are two main ways to immigrate to America, namely business-based immigration and family-based immigration. There are other ways too, such as refugees, etc, but these are the two main ways to come here.

    Family-based immigration is our legal system where U.S. citizens can bring over their spouse, parents and/or children. A U.S. citizen can also sponsor a brother or sister, but that category of immigration typically takes 15 to 25 years, depending on country of origin. So, by chain migration, does the current regime seek to stop a U.S. citizen from sponsoring their foreign-born husband or wife from living with them in the U.S.? Do they seek to stop foreign-born step-children or the grandparents who often babysit, from coming to the U.S.? This is an open question left up to anyone’s guess.

    Since the “chain migration” phrase does not exist in the law, maybe it means to revoke all family-based immigration, or maybe it is a developing concept to revoke as many laws as possible that allow family-based immigration. I will note that the same family-based laws that allow my clients from Norway to sponsor their parents or children to come to America, are the same exact laws that allow my Haitian and Filipino clients to sponsor their spouse and children and parents to come to the U.S.

    I hope this article helps in understanding the current immigration debate. It is important to know exactly what the law and federal regulations actually say, rather than to generalize and claim that all illegal border crossers are drug dealers and MS-13 gang members (couldn’t be further from the truth!), or that all immigrants (or a large percentage) are criminals. I’m sure that the same small percentage of the immigration population that is criminal, matches (or is even less than) the percentage of native born Americans who are criminals. You will notice that those who seek to stop legal immigration to this country do not cite to any valid studies or statistics, rather they cite to a car accident here or a murder there that was committed by an immigrant, while thousands of similar incidents, sadly, are committed by local born Americans every day.

    Finally, I promised to mention the “meltdown.” As the current regime cancels immigration programs and seeks new laws to deport as many people as possible, they are also slowing down and fighting the approval of legal immigration cases across the country. For businesses with approved foreign workers, the government has announced they will re-visit those approvals and in many cases, they are claiming errors in approvals and canceling work permits or revoking them. This is seen across the country with those on valid H-1B and L-1 work permits. At our law firm, thankfully, we have generally been successful in fighting back and keeping our foreign worker clients legitimately employed, but it is not easy and it is expensive. On other cases, huge backlogs have been created for legal immigration, while at the same time, the government has insisted on expediting deportation cases.

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

     
  • Coane and Associates,PLLC 5:17 pm on December 5, 2017 Permalink | Reply  

    U.S.Immigration Laws: Do Not Enter! 

    banpic

    It didn’t take long after yesterday’s Supreme Court ruling upholding the Muslim travel ban, that I got a frantic email today concerning a Pakistani Muslim woman stopped at the Houston airport and banned from entering the U.S.

    This is despite the fact that she has a valid visitor visa and that Pakistan is not even on the list of banned Muslim countries.

    Prior to yesterday’s court ruling, I had already seen an uptick in unusual denials of visitor visas at USA embassies abroad. Frequent travelers who have had visas before have been going for renewals and finding that they are arbitrarily denied, and  they are being asked obscure questions about prior visits.

    While the travel ban is limited to just a handful of countries, this Houston immigration lawyer and Miami immigration lawyer states that the practical effect is that Muslims in all countries are likely to have a much more difficult time getting a visa or entering the country. The “America First” policy, however, is not limited to excluding Muslims. I have recently seen visas denied to individuals from Ukraine, Africa and other places, where those same people had visas in the past.

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

     

     

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

    Immigration Office Discriminates against the Disabled? 

    WPimage

    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.

     
    • www.linux.org 3:02 am on July 9, 2017 Permalink | Reply

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  • 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 9:14 pm on June 16, 2010 Permalink | Reply
    Tags: aggravated felony, Carachuri-Rosendo v. Holder, , drug offense,   

    Supreme Court Ruling Saved Immigrant from Deportation 

    The Supreme Court has issued a decision this week that will help many non-citizens avoid being deported. A state drug offense is not considered an “aggravated felony” unless it is punishable as a felony under federal law. A second or subsequent simple possession drug offense is not punishable as a felony under federal law unless the prosecutor charges the defendant as a recidivist before trial or before a guilty plea. On June 14, 2010, the Supreme Court ruled that when a defendant has been convicted of a second or subsequent simple possession drug offense that has not been enhanced as a result of a prior conviction, the defendant has not been convicted of an offense that is punishable as a felony under federal law and has therefore not been convicted of an “aggravated felony.” Carachuri-Rosendo v. Holder, 2010 WL 2346552, at *11 (U.S. June 14, 2010).

    The Supreme Court’s decision will help one of my clients who is currently in deportation proceedings. His case was put on hold by the immigration judge, pending the outcome of this Supreme Court case. My client obtained his permanent residence (“green card”) in 1981, is married to a U.S. citizen, and has two simple possession drug convictions. Prior to the Supreme Court’s decision, my client was ineligible for cancellation of removal because he was considered to have been convicted of an “aggravated felony.” However, my client was not charged as a recidivist when he was prosecuted for his second simple possession drug offense. Therefore, as a result of the Supreme Court’s decision, my client is no longer considered to have been convicted of an “aggravated felony” and my client is now eligible to apply for cancellation of removal. If his application for cancellation of removal is granted, he will be able to remain in the United States. The Supreme Court’s decision has saved him from deportation.

     
    • Bill Hurst 11:04 pm on June 17, 2010 Permalink | Reply

      Civil sanctions imposed on United States citizens convicted of a felony in many states include the loss of competence to serve on a grand or petit jury or to vote in elections even after release from prison. While controversial, these disabilities are explicitly sanctioned by the Fourteenth Amendment to the United States Constitution, a Reconstruction-era amendment that deals with permissible state regulation of voting rights.

    • natalie byers 3:56 pm on June 23, 2010 Permalink | Reply

      I am desperately seeking advice (and searching for legal counsel) for the following case. I’m trying to help someone that I’ve known dearly for 11 years who was deported in 2004 to Mexico for a 2000 cocaine conviction/aggravated felony. He did 3 years probation, rehab and had completely turned his life back around to how it was before he made a few bad choices/friends when out of the blue he was deported.

      At the time of his deportation, the attorney did not give him his full options and said there was nothing that he could do. So, there was no fight to prevent the deportation. Obviously, had he known his rights/choices, the energy would have been placed into remaining into the country, getting the charges expunged/reduced or getting permission to be allowed back in the country after a few years.

      This gentleman was a permanent resident in San Diego, California for more than 30 years at the time of his deportation. His parents are both permanent US residents and his two younger brothers are natural US citizens. Obviously, everyone involved would love to see him get back into the States to be with family and also to start a new life (get married and live a law-abiding life).

      I know this is a severe and challenging case, but I’m determined to try every avenue to help fight for someone that was not given that opportunity and who deserves a second chance.

      • Coane & Associates 12:46 pm on June 28, 2010 Permalink | Reply

        We handle cases like this. Call our office. At 713 850 0066 to arrange a telephone appointment with Ajay Chaudhary, who specializes in criminal immigrant cases.

      • Coane & Associates 9:17 pm on July 7, 2010 Permalink | Reply

        I thought I replied to this, but don’t see it. Did you get my reply. We handle these types of cases regularly. You may call us at 713-850-0066 if you would like to arrange for a telephone appointment.

  • Coane and Associates,PLLC 2:29 pm on June 14, 2010 Permalink | Reply
    Tags: Immigrant Investor Pilot Program, , services fees   

    USCIS Proposes Change in Fees 

    U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions.   The proposal, posted to the Federal Register today for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.

    The proposed fee structure would establish three new fees, including a fee for regional center designations under the Immigrant Investor Pilot Program, a fee for individuals seeking civil surgeon designation and a fee to recover USCIS’s cost of processing immigrant visas granted by the Department of State.  The proposed fee structure also reduces fees for certain individual applications and petitions as a result of lower processing costs.

    Our office believes that fee increases should be followed by improvements in service.  As this has not occurred in the past following fee increases, we doubt it will happen now.  If anything, increasing fees in a slow economy will just result in few applications and revenues for the USCIS.

    To view the proposed new filing fees, please click HERE.

     
    • Jonas 2:29 pm on May 24, 2010 Permalink | Reply

      That sounds ridiculous!

    • Pheap 8:42 pm on July 7, 2010 Permalink | Reply

      I would like to bring my nephew to the USA from Cambodia. What’s the process for getting him a resident alien card?

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