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U.S. Immigration

 
11 July 2007
 

Law Firm Sues and Obtains Immigrant Visa to Reunite Family


By Attorneys Bruce A. Coane and James P. McCollom, Jr.,

After a Houston immigration law firm sued the United States Department of State, the U.S. Consulate in India finally gave an immigrant visa to Mrs. Nishahaben Amin.

For over a year Drijeshkumar Amin, who is a United States citizen, and his wife, Nishabahen Amin, who is a citizen of India, were separated because the United States Department of State would not grant Mrs. Amin an immigrant visa. Mr. Amin, who lives in Houston, Texas, was overwhelmed by the responsibility of taking care of their one year old daughter, who is a United States citizen, all by himself.

The Amin family felt desperate as they were separated and they were concerned about the development of their infant child. Psychologists say that a vital bond between a mother and a child is created in infancy.

Mr. Amin finally approached immigration attorney Bruce A. Coane, who suggested that he file a lawsuit againt the U.S. Department of State and the U.S. Consulate in India.

Coane sued under the Administrative Procedure Act alleging that the Government was taking too long to process the case. Under the Act, a plaintiff can complain about an “unreasonable delay” in the processing of an application.

In the case of the Amin family, there was no question that Mrs. Amin was entitled to an immigrant visa as she is married to a United States citizen and has a United States citizen daughter as a result of her marriage.
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When Coane set out these compelling facts in the lawsuit, the Government soon after granted the visa. By filing the lawsuit, Coane gained a happy family reunion for the Amins.

This story has a happy ending as Mrs. Amin arrived safely in Houston and Mr. Amin and their child were overjoyed.

This story also illustrates that a person may have an option under the law in a situation where there is an injustice taking place. A lawsuit can be the catalyst for action on the part of the Government, and, while according to Coane, “a lawsuit is very difficult against the State Department, this particular lawsuit resulted in a great success.”



BRUCE A. COANE
is a Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. The law firm of Coane & Associates has offices at 407 Lincoln Road, Suite 306, Miami Beach, Florida 33139, Tel. (786) 457-VISA (8472) or (305) 538-6800. The law firm website is www.coane.com. The law firm email is houstonlaw @ aol.com. James P. McCollom, Jr. is an associate attorney at the firm
 
 
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