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September 2012 Archives

Court Quashes Subpoena for Text Messages

In a sign of how technology is being used in the courtroom, a federal judge had to quash a subpoena last week for text messages of our client.[caption id="attachment_867" align="alignright" width="212"] photo: DarkGovernment[/caption]In this case, our client filed a lawsuit for overtime pay against his former employer, Liberty Power Corporation. The lawsuit alleges that he worked overtime and the company failed to pay him for it. The company issued a subpoena to AT & T to get a copy of all of our client's cell phone text messages. They argued that maybe our client was on his cell phone and not really doing the company's work after hours. We told the judge that the company was just trying to harass our client with the subpoena and there was absolutely no reason why they should need to see text messages.The judge agreed with us and quashed the part of the subpoena that would allow company lawyers to read my client's text messages.This is just an example of how new technology can allow parties in a lawsuit to invade a person's privacy. Had we not jumped-in and complained to the judge, the former employer would have been reading all of our client's personal text messages.   __________________________________________________________________________________________________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 [email protected], 713-850-0066 or 305-538-6800.

Israeli Couple Finally Eligible for Green Card

I was hired yesterday by an Israeli couple who have been living illegally in the USA for over 20 years. They came to America legally with tourist visas, fell in love here, got married here, and never left.The couple had a baby in the U.S., but having a baby does not allow the parents to get any legal status. At the same time, the baby is automatically a USA citizen, by being born in America. However, once that baby grows and becomes an adult, it can sponsor its parents for lawful status when it turns 21 years old.Now, 21 years later, this couple's baby is turning 21, and can now sponsor her parents for legal status in the USA. The parents, who have been living in the shadows for over 20 years, have been running a business, paying significant taxes, and generally helping the economy, all with no legal papers.I am looking forward to helping them through the massive amounts of paperwork to get their legal residence, now that their daughter is turning 21. They can finally come out of the shadows and live an even more productive life in America.__________________________________________________________________________________________________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 [email protected], 713-850-0066 or 305-538-6800.

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.[caption id="attachment_858" align="alignright" width="300"]U.S. Citizenship Naturalization photo: Flickr[/caption]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 [email protected], 713-850-0066 or 305-538-6800.

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