Updates from July, 2019 Toggle Comment Threads | Keyboard Shortcuts

  • Coane and Associates,PLLC 2:49 pm on July 29, 2019 Permalink | Reply
    Tags: , #I-9, #ICEraids, #Notice of Inspection, #W-4   

    Crackdown by ICE Targeting Employers 

    blogpic7.29

    https://www.miamiherald.com/news/local/immigration/article233009382.html

    This article appeared in the Miami Herald a few days ago and confirmed my suspicion that ICE was cracking down on employers who possibly hire undocumented workers.

    This immigration lawyer has seen an unusual uptick in I-9 Notice of Inspection cases at my office. I see those types of immigration cases about once every few years, but recently, I saw three in the past six months (two in the past 60 days).

    What exactly is an I-9 case or a Notice of Inspection? Many small employers who do not have an HR department may not be aware of the paperwork requirements under federal immigration law. For example, each time an employer hires a new employee, they must get a completed I-9 form, together with the normal W-4 and other new employee paperwork.

    The I-9 form process is full of traps, so ICE knows that any small employer is an easy target. If any employer fails to perfectly complete the form for each new hire, there are fines for EVERY mistake on each form. That means there can be thousands of dollars of fines for each form not completed correctly, including a fine for failure to complete the form within three days of hire. And, of course, as a Houston immigration lawyer and Miami immigration lawyer, I must inform my clients that there are serious fines and penalties for failure to complete the form at all.

    What if the employer has lots of turnover, like the local hamburger store or a Subway franchise. When ICE hand-delivers the Notice of Inspection, they often ask to see I-9 forms for every employee (including former employees) for the past two, or three years. Imagine what the fine could look like for a small business with lots of turnover and thousands of dollars in fines for each form not done perfectly (or at all).

    When I showed this article to my wife, she asked if the employer has to have I-9 forms for American workers as well. Many small businesses may be shocked at the answer, which is, “yes.”  The I-9 must be on file for EVERY employee, including American citizens.

    Bruce Coane, Houston immigration lawyer and Miami immigration lawyer  is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. For further information, I may be reached at bruce.coane@gmail.com or at 713.850.0066 (Texas office) or 305.538.6800 (Florida office).

    Advertisements
     
  • Coane and Associates,PLLC 4:44 pm on May 1, 2019 Permalink | Reply
    Tags: , , #ImmigrationDenials,   

    Immigration Update for 2019 

    In this video, I talk about the USA immigration situation through the first quarter of 2019. While illegal immigration gets much of the news, there have been serious attacks on legal immigration as well. Cases for citizenship and green cards are being denied in greatly exaggerated numbers. I discuss these issues, together with immigration delays, improper denials, and what the general public can do about it.

    Bruce Coane is a Board Certified Immigration Lawyer with offices in Houston and Miami Beach. He may be reached at 713.850.0066 or 305.538.6800 or via email at bruce.coane@gmail.com.

     
  • Coane and Associates,PLLC 3:24 pm on February 25, 2019 Permalink | Reply
    Tags: , ,   

    How to Win an H-1B Case After Denial 

    It is well-known that the government has put the H-1B visa program under attack. The USCIS has been denying thousands of cases over frivolous issues which are not even part of the law, but rather pursuant to their warped interpretation of the law or regulations.

    The way to try to win a case that has been denied is to take it to federal court by filing a lawsuit against USCIS and the Department of Homeland Security. Before doing so, however, you must make sure you have made a full and complete record. So, if there is any possible merit to any basis for the denial, I first recommend that the individual or company do a Motion to Reopen/Reconsider, and submit additional evidence to rebut every basis for the denial.

    When you take case to court, you must have a full and complete record from before the USCIS. A federal judge is not normally going to consider any new evidence. So, once the rebuttal evidence is submitted to USCIS through a Motion, and the case is denied again, it is time for court (assuming there are now no valid grounds for denial; if they have new grounds, then do another motion).

    A lawsuit in federal court will challenge the decision, typically, under the Administrative Procedure Act (APA) because the decision is arbitrary, caprices, or not in accordance with the law.  This Houston immigration lawyer and Miami invigoration lawyer has filed many immigration lawsuits under the APA.

    Often, the government simply responds by saying they will not fight the case, and will approve the H-1B. Other times, if they choose to fight, then ultimately a federal judge will decide if they were right to deny the case. The good thing is that most federal judges are not biased and do not have a vendetta like USCIS to attack the H-1B program. So, a fair adjudication is typically expected. Moreover, if a person wins the case, they may be able to recover attorney’s fees for bringing the case, pursuant to the Equal Access to Justice Act.

    Many individuals who lose an H-1B case simply give up and leave the country. Or, they appeal, lose and then leave the country. However, a lawsuit is the next step, and the filing of lawsuit provides a real opportunity for justice and a fair consideration of the H-1B case.

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

     
  • Coane and Associates,PLLC 1:43 pm on January 3, 2019 Permalink | Reply
    Tags:   

    Hebrew-Speaking Client discusses her Immigration Case at our Office 

    Here is a short video at our immigration law office in Florida where our client from Israel has a few nice words to say about our law firm in her native language of Hebrew. She has lived in the USA for almost 15 years and we were finally successful in getting her the green card. We represented her for the past five years in getting her case on track so the government could approve it. We join in sharing her happiness.

    Bruce Coane is a Houston immigration lawyer and a Miami immigration lawyer and is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. He may be reached at bruce.coane@gmail.com, or at 305.538.6800 or 713.850.0066.

     
  • Coane and Associates,PLLC 2:57 pm on December 27, 2018 Permalink | Reply
    Tags: ,   

    Immigration Law: Successful Migration Still Exists 

    blog2closeup

    In recent days, I have had several very happy clients, following their immigration experience. First, in the photo to the left, is a client from Israel. She has lived in the United States for 15 years and has finally received a green card to permanently reside here. She suffered for years with no work permit and no driver’s license, but now, she is finally, fully legal.

    The other photo is of a family from Africa. I handled their employment-based self-petition for an extraordinary worker in the oil and gas industry. The photo was taken at the Houston immigration office following their adjustment of status interview. They are still waiting to receive the green card because the extraordinary worker visa category is now backlogged with a waiting list for visa issuance. In the meantime, they are all authorized to stay and work in the U.S. until the visa number gets reached.

    This Houston immigration lawyer and Miami immigration lawyer takes pride in helping immigrants to legally navigate through the complex immigration system.

    Bruce Coane is Board Certified in Immigration & Nationality Law by the Texas Board of Legal Specialization. He may be reached at 713.850.0066 or 305.538.6800, or by email: bruce.coane@gmail.com.

     
  • Coane and Associates,PLLC 9:11 am on August 15, 2018 Permalink | Reply
    Tags: , PublicCharge, Refugees,   

    U.S. Citizenship and Green Cards Denied to Legal Immigrants who Legally Received Government Benefits? 

    I was quoted in this news article this week, about a story concerning the administration’s new way of looking at the immigration law’s public charge language.

    Generally, no person may immigrate (other than perhaps, refugees) to the United States unless they can prove they will not become a public charge, meaning, they won’t need the government to support them.

    The administration recently announced that they will be looking at the legal receipt of government benefits as evidence that a person is, in fact, a public charge. The article discusses this in greater detail.

    bacarticle

    Trump ‘planning to make it harder for legal immigrants to gain citizenship’

    https://www.independent.co.uk/news/world/americas/us-politics/legal-immigration-us-citizenship-trump-policy-stephen-miller-immigrants-a8481606.html

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

     
  • Coane and Associates,PLLC 5:24 pm on May 29, 2018 Permalink | Reply
    Tags: , #Processing   

    2018 Immigration Delays in Work Permits and Visas 

    Here is my latest video where I talk about delays in the processing of immigration cases. Click to view video.

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

     
  • Coane and Associates,PLLC 2:43 pm on May 15, 2018 Permalink | Reply
    Tags: , , ,   

    Immigration decisions Threaten Rule of Law 

    With the President‘s proclamation of Buy American-Hire American and with “no tolerance” declarations coming from Homeland Security and the Attorney General, the immigration service (USCIS) has been issuing illogical decisions in many cases which fail to follow the rule of law.

    Our immigration system is based on laws and federal regulations. As a Board Certified Immigration lawyer I am hearing reports  from immigrants and their attorneys across the country that the government is ignoring the law and denying otherwise approvable immigration cases. In cases of legal immigrants that were previously approved, such as non-immigrant investors, intra-company transfers and other temporary workers these people are seeing their renewal applications denied. The law has not changed, but the government is too often choosing to ignore the law or otherwise is giving the law a skewed interpretation never seen in historical precedent.

    At my office, this Houston immigration lawyer and Miami immigration lawyer has seen cases based on clear evidence being denied. The USCIS in many cases is completely ignoring the evidence and denying cases with no reasonable or logical explanation, thereby making a mockery of the rule of law. I am seeing this trend across the board, from deportation cases, to business immigration cases, to immigration marriage cases and to student visa cases. It is also seeping into the political asylum process and every other type of immigration case.

    It used to be that if a case is mistakenly denied or denied because the government overlooked certain evidence, a person could file a Motion to Reopen or Motion to Reconsider. Unfortunately, that process is also being made into a mockery. Either the USCIS chooses to ignore such motions to fix a denial, by letting them sit there for years with no decision (while the person remains subject to deportation while waiting), or they  deny the motion on improper and wrong technical grounds without considering the merits of the motion. At this point, I often tell my clients not to bother with such motions.

    What is an American spouse or  sponsoring company to do when they follow all the rules and receive an unfair decision? For years, the final answer for my clients has been litigation. For many years, I have filed lawsuits against Homeland Security and other government agencies for wrongful denials of immigration cases. While these have been few and far between over the years, the recent uptick in illogical, unfair, and, dare I say–illegal—denials, warrants the need for more  immigration lawsuits to be brought.

    Ultimately, a federal judge has the ability to order the reversal of a decision if it is arbitrary, capricious or not in accordance with the law. I encourage immigrants, non-immigrant workers, companies, American spouses of foreign nationals, immigrant students and others to challenge these improper denials by taking their cases to federal court and asking a federal judge to consider the evidence (something that USCIS is all-to-often failing to do).

    For further information, this Houston immigration lawyer (713.850.0066) and Miami immigration lawyer (305.538.6800) may be reached by phone or via email at bruce.coane@gmail.com.

     

     
  • Coane and Associates,PLLC 7:58 pm on March 6, 2018 Permalink | Reply
    Tags: , Dreamers   

    Dreamers and the End of DACA, with Board Certified Immigration Attorney Bruce Coane 

    Who are the “Dreamers” that we hear about in the immigration debate? What is DACA? I explain it all in this short video.

    As a Houston Immigration Lawyer and Miami Immigration Lawyer, I use these words at work on almost a daily basis. There are hundreds of thousands of young people who got work permits under President Obama’s Executive Order called DACA (Deferred Action for Childhood Arrivals).

    These young adults, who came here illegally as young children and dream about one day being “legal” in the U.S. are known as Dreamers. Many of them already have a work permit thanks to DACA, but President Trump canceled the DACA program as of March 5, 2018, and these young adults can no longer get their work permits or their legal “DACA” status renewed.

    For more, check out my video.

     

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

     
  • 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.

     

     
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: