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

    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.

     

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  • Coane and Associates,PLLC 1:27 am on September 8, 2010 Permalink | Reply
    Tags: , immigration services   

    The immigration service is filing motions to dismiss… 

    The immigration service is filing motions to dismiss immigration court cases in record numbers. While it had been the policy of some immigration offices to request the closure of court cases, when there is a viable avenue for an individual to immigrate, this has not been the case in many cities around the country.

    For example, in Houston, Texas, it has always been the local immigration office policy to prosecute deportation cases, even where the individual could easily get a green card, for example, based on marriage to a USA citizen. Instead of saving time and the expense of a trial in deportation court, the local office always had the ability to close an approvable case and handle it informally at the local office. Unfortunately, in cities like Houston, the immigration service took the wasteful and unreasonable position of prosecuting everything, even where the result of the judge approving the green card was inevitable. In many cases, the government attorney would not even affirmatively prosecute, but would waste the time of the judge and money of the immigrant by showing up for trial and allowing the person to get the green card from the judge, anyway.

    The new nationwide policy of the immigration service is to close all court cases where it would be a waste of time and money to prosecute. The government should be commended for implementing this nationwide policy to save time and money and to free-up the courts for the prosecution of deportation cases where the immigrant has little or no defense.

     
    • Hillary 2:46 pm on September 8, 2010 Permalink | Reply

      What is Obama’s view on this?

      • Coane & Associates 3:02 pm on September 8, 2010 Permalink | Reply

        I have not seen any comment by him, but that doesn’t mean he hasn’t commented. There are daily changes in interpretations of immigration laws and procedures, and the President would rarely comment, except on larger policy questions.

        • James Wong 4:16 pm on September 9, 2010 Permalink

          so the new policy goes into effect dismissing all cases that deem wasteful so how does the government decide which ones to dismiss?

        • Coane & Associates 7:45 pm on September 22, 2010 Permalink

          The government reviews cases in each city and determines if the person has a pending application that would allow them to immigrate lawfully anyway, eg, they are married to a USA citizen, or they have an approved visa petition such as VAWA, I-140 with current quota, etc.

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