Category: Bretz & Coven, LLP

New York, New York — As of February 24, 2020, the Public Charge Rule is in effect for all 50 states. Kerry Bretz, Partner, Bretz & Coven, LLP, says the new rule will make for a more difficult path to green cards for all applicants, especially those that are struggling financially, senior citizens, children, students, those with medical conditions and those who have collected public assistance.  He also says the new application forms are burdensome and lengthy and seem like they require more information than a mortgage application.   

 

The United States Citizenship and Immigration Services (USCIS) has determined a series of negative factors that may result in the undocumented immigrant not receiving a green card. This includes their ability to work but are not self-sufficient; their receipt of public assistance on or after February 24, 2020; a significant medical condition, but no private health insurance; and previously being found inadmissible or deportable based on the public charge ground in removal proceedings.

 

Undocumented immigrants can receive a green card from USCIS if they earn an income and hold financial assets that are 250% of the federal poverty guidelines, and they are able to carry private health insurance without receiving tax credits under the Affordable Care Act. These positive factors heavily weigh into an undocumented immigrant’s path to citizenship.

 

“If the negative factors outweigh the positives, then they will not be eligible for citizenship,” Mr. Bretz says. “Petitioning for senior citizens and young children has now become more difficult. Those with medical conditions will have to show that they already have private insurance. If you believe you are eligible for a green card, seek the help of an immigration law attorney immediately.”

 

For more information, call (212) 267-2555 or visit www.bretzlaw.com.

 

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About Bretz & Coven, LLP

Bretz & Coven, LLP is an immigration law firm located in New York, New York; Bronx, New York and Clark, New Jersey. The firm serves clients in and around the tri-state area, including Brooklyn, Manhattan, Staten Island, the Bronx, Queens, as well as Kings County and Richmond County. Its team of dedicated attorneys is known for taking on cases that other lawyers turn down. Bretz & Coven assists individuals and their families understand the process of obtaining citizenship, New York residency or a green card and offer them a full range of options, including adjustment of status, asylum, available types of visas, waivers, removal defense, and special programs and treaties. The attorneys can also help immigrants avoid deportation. For more information, call (212) 267-2555 or visit www.bretzlaw.com.

New York, New York — As part of the recently passed national defense bill, up to 4,000 Liberian immigrants who have lived in the United States with temporary legal status are now eligible to receive green cards. Bretz & Coven, LLP is urging Liberian nationals to start the application process immediately and begin their path to citizenship.

 

On December 26, United States Citizenship and Immigration Services (USCIS) announced that the agency will accept applications for green cards from Liberian immigrants and their families who have been in this country for the past five years. Once they hold a green card for five years, they can become eligible for U.S. citizenship.

 

Thousands of Liberians fled to the U.S. under the Deferred Enforced Departure (DED) program, a temporary protection that prevented them from being deported. They escaped Liberia, which has undergone civil war, an unstable economy and a widespread health epidemic as a result of the Ebola virus.

 

“We are asking Liberian immigrants with temporary legal status to submit their green card applications as soon as possible,” says Eileen Bretz, Managing Partner, Bretz & Coven, LLP. “These people were fortunate to escape the political, social and economic unrest that has plagued their home country for decades. Green cards provide them a pathway to citizenship; that way, they will not be removed by immigration authorities and forced to return to their homeland.”

 

For more information, call (212) 267-2555 or visit www.bretzlaw.com.

 

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About Bretz & Coven, LLP

Bretz & Coven, LLP is an immigration law firm located in New York, New York; Bronx, New York and Clark, New Jersey. The firm serves clients in and around the tri-state area, including Brooklyn, Manhattan, Staten Island, the Bronx, Queens, as well as Kings County and Richmond County. Its team of dedicated attorneys is known for taking on cases that other lawyers turn down. Bretz & Coven assists individuals and their families understand the process of obtaining citizenship, New York residency or a green card and offer them a full range of options, including adjustment of status, asylum, available types of visas, waivers, removal defense, and special programs and treaties. The attorneys can also help immigrants avoid deportation. For more information, call (212) 267-2555 or visit www.bretzlaw.com.

Firm Opens Third Location, Which Will Provide Greater Access to NYC Immigrants Living Outside Manhattan

New York, New York — Bretz & Coven, LLP has announced that the firm has opened a new office in the Bronx, located at 2555 Grand Concourse. A grand opening and ribbon cutting ceremony were held on November 22. This is the firm’s third location, with other offices in New York, New York, and Clark, New Jersey.

The new office will provide greater access to immigrants who live in New York City but outside Manhattan. The Bronx location can be accessed via bus through the BX1-LTD, BX1, BX2, BXM4, BX32, BX18, BX11 routes, and subway (D, B and 4 trains to Fordham Road Station).

The Bronx location also holds special meaning to Kerry Bretz, Partner, Bretz & Coven, LLP, having grown up in the area and attended Cardinal Spellman High School and Herbert H. Lehman College of the City University of New York. He is also involved at Bronx Judo and Martial Arts, a nonprofit martial arts studio where he teaches judo to local children.

“The new Bronx office will provide a more centralized location for the immigrant community who lives outside of Manhattan,” said Mr. Bretz. “It will also allow us to expand our clientele to more non-citizens living in the Bronx — as well as New York City — who seek to obtain work visas or permanent residency.”

For more information, call (212) 267-2555 or visit www.bretzlaw.com.

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* Photos are attached.

About Bretz & Coven, LLP

Bretz & Coven, LLP is an immigration law firm located in New York, New York and Clark, New Jersey. The firm serves clients in and around the tri-state area, including Brooklyn, Manhattan, Staten Island, the Bronx, Queens, as well as Kings County and Richmond County. Its team of dedicated attorneys is known for taking on cases that other lawyers turn down. Bretz & Coven assists individuals and their families understand the process of obtaining citizenship, New York residency or a green card and offer them a full range of options, including adjustment of status, asylum, available types of visas, waivers, removal defense, and special programs and treaties. The attorneys can also help immigrants avoid deportation. For more information, call (212) 267-2555 or visit www.bretzlaw.com.

Who:               Kerry W. Bretz, Partner, Bretz & Coven, LLP

                        Attorneys and Staff at Bretz & Coven, LLP

Local elected officials

Members of the Bronx Chamber of Commerce

What:              Bretz & Coven, LLP will hold a grand opening and ribbon cutting ceremony at its new Bronx office. The firm’s attorneys and staff will be joined by local elected officials and members of the Bronx Chamber of Commerce in the ribbon cutting, followed by a tour of the new office.

This is the firm’s third location. Bretz & Coven also has offices in New York, New York and Clark, New Jersey. The new office will provide greater access to immigrants who live in New York City but outside Manhattan.

The Bronx location also holds a special meaning for Firm Partner Kerry Bretz, who grew up in the area and attended Cardinal Spellman High School and Herbert H. Lehman College of the City University of New York. He is also a partner at Bronx Judo and Martial Arts, a nonprofit martial arts dojo where he teaches judo to local children.

When:             Friday, November 22

Grand Opening Begins: 11 a.m.

Ribbon Cutting: 12 p.m.

Tour: 12 p.m.-4 p.m.

Where:            Bretz & Coven, LLP

                        2555 Grand Concourse

                        Bronx, NY

Directions:      LIE to Cross Island Parkway North (Exit 31N) toward Whitestone Bridge/Kennedy Airport. Stay right and follow signs for Cross Island Pkwy N/Whitestone Bridge and merge onto Cross Island Pkwy. Take Exit 33 for Interstate 295/Throgs Neck Br. toward Bronx/New England, then merge onto I-295 N. Keep left at the fork to stay at I-295 N, follow signs for I-295 N/I-95 S/Cross Bronx Expwy/Geo. Wash. Br. Keep left again to continue onto Cross Bronx Expwy. Follow signs for I-95 S/G Wash. Br./Newark NJ. Take I-95 S/Cross Bronx Expwy, then take Exit 4B toward Bronx River Pkwy/Rosedale Ave. Merge onto Cross Bronx Expwy. Take Bronx River Pkwy. N ramp to White Plains. Merge onto Bronx River Pkwy. Take Exit 7W for US-1 S/Fordham Rd. Continue on US-1 S. Drive to Grand Concourse. Merge onto US-1 S/Bronx and Pelham Pkwy. Continue onto E Fordham Rd., then use the middle lane to turn right onto E. Kingsbridge Rd. Use the middle lane to turn right onto E Kingsbridge Rd. Continue onto Valentine Ave., then turn left onto E Kingsbridge Rd. Make another left at the first cross street onto Grand Concourse. Law firm will be on the right-hand side.

Photo Ops:      Mr. Bretz joining other attorneys, staff members and elected officials in the ribbon cutting. Guests taking a tour of the new office.

 

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About Bretz & Coven, LLP

Bretz & Coven, LLP is an immigration law firm located in New York, New York and Clark, New Jersey. The firm serves clients in and around the tri-state area, including Brooklyn, Manhattan, Staten Island, the Bronx, Queens, as well as Kings County and Richmond County. Its team of dedicated attorneys is known for taking on cases that other lawyers turn down. Bretz & Coven assists individuals and their families understand the process of obtaining citizenship, New York residency or a green card and offer them a full range of options, including adjustment of status, asylum, available types of visas, waivers, removal defense, and special programs and treaties. The attorneys can also help immigrants avoid deportation. For more information, call (212) 267-2555 or visit www.bretzlaw.com.

Relief from Governor Mitigates Immigration Consequences and Allows Client to Apply to Become a U.S. Citizen

 

New York, New York — Kerry Bretz, Partner, Bretz & Coven, LLP, has announced that his client, Jorge Gonzalez, has been granted a pardon for a prior misdemeanor conviction. Mr. Bretz said Mr. Gonzalez will now be able to file for naturalization, six years after requesting that his client be pardoned.

 

Mr. Gonzalez, a native of Colombia, been a lawful permanent resident since 1990. Since living in the United States, he owned and operated various businesses. “He is a great person, a family man, and does charitable work in the community,” Mr. Bretz said. “It couldn’t happen to a nicer guy.”

 

In May 2003, Mr. Gonzalez filed an application to become a U.S. citizen with U.S. Citizenship and Immigration Services (USCIS). He believed that he could satisfy all the requirements: he was older than 17; he was a lawful permanent resident and maintained a continuous physical presence in the country for five years; he was knowledgeable in American civics and history; and he was proficient in English. In addition, he practiced good moral character for the past five years.

 

In a letter dated March 14, 2005, the USCIS denied Mr. Gonzalez’ application because he was charged with a Class A misdemeanor back in 1992; he pled guilty and was sentenced to three years’ probation. Although the conviction occurred more than 10 years ago, his application was denied on the ground that the conviction barred him from meeting the burden of establishing good moral character. However, the agency cited the wrong section of the Immigration and Naturalization Act (INA) in denying the application; it applied Section INA 101 (A)(43)(f), which says one who is “convicted of Scheming to Defraud in excess of $10,000, which qualifies as an aggravated felony …” can have their application denied.

 

However, Mr. Bretz pointed out to the USCIS that the section refers to the crime as an act of violence, which Mr. Gonzalez did not commit, and said that the agency should have cited Section INA 101 (A)(43)(m), which refers to fraud or deceit in which the loss to the victim(s) exceeds $10,000. Mr. Bretz requested a USCIS hearing on the decision, but, on March 15, 2006, the request was denied without the agency addressing the citation error. On July 31, 2008, Mr. Gonzalez sent a waiver of inadmissibility to the USCIS. The agency granted the waiver the following year.

 

On April 29, 2013, Mr. Bretz sent a letter to the Executive Clemency Bureau of the New York State Department of Corrections and Community Supervision requesting a Pardon to Relieve and Immigration Consequences for Mr. Gonzalez. As part of his request to have his client pardoned, Mr. Bretz was asked to update Mr. Gonzalez’ tax filings and equity holdings through the pending process. On October 21, 2019 — after undergoing an intense investigation and vetting process — New York Governor Andrew Cuomo granted the pardon to Mr. Gonzalez. This means Mr. Gonzalez will be able to apply for U.S. citizenship.

 

Mr. Bretz thanked Governor Cuomo for granting Mr. Gonzalez’ request and for his longstanding support of immigrants in the state. This year, the governor eliminated cash bail and loosened drug possession laws for foreign-born individuals and allocated $10 million for the Liberty Defense Project, which provides immigrants with high-level legal services, regardless of status. Since taking office, Governor Cuomo has issued more than 65 pardons in order to prevent deportation.

 

“Governor Cuomo is a true friend of immigrants,” Mr. Bretz said. “He has helped those who have nowhere to turn for assistance in having minor criminal records expunged, thereby significantly limiting the negative immigration consequences for non-citizens.”

 

“This is how crazy our immigration laws are,” Mr. Bretz added. “My client pleaded to a misdemeanor, but, under immigration law, it is considered an aggravated felony, which barred him from naturalizing. Mr. Gonzalez needed this pardon because this conviction was used by USCIS to deny his application. Otherwise, he is well-qualified in all respects to become a U.S. citizen.”

 

For more information, call (212) 267-2555 or visit www.bretzlaw.com.

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Kerry Bretz Advises Those Who Are Arrested to Seek the Legal Help of an Immigration Attorney

 

New York, New York — Over the summer, New York State relaxed its laws regarding marijuana possession. Although these laws decriminalized possession of the drug and provided an avenue to attack prior convictions of those who were caught with the drug, police can still make arrests for marijuana possession and, for immigrants, that may result in deportation or loss of status; even if their prior conviction has been expunged, immigration officials may hold that against them and use it as an excuse to remove them from the country. Kerry Bretz, Partner, Bretz & Coven, LLP, urges immigrants who may face removal as the result of a current or previous arrest for marijuana possession to contact an immigration law attorney immediately.

 

On July 28, Governor Andrew Cuomo signed into law two separate bills that decriminalized marijuana possession. It also expunged the records of those who were previously convicted of this offense. The law went into effect on August 28. Other parts of the law include reducing Class B misdemeanors to violations and allowing marijuana to be burned or displayed in public view.

 

Despite these changes, Mr. Bretz says, immigrants will continue to face punishment if they are in possession of marijuana. “Police can still make arrests and that can negatively impact one’s immigration status,” he says. “Even if an immigrant has a prior conviction expunged, ICE [Immigration and Customs Enforcement] can search the immigrant’s name and address in their databases and commence removal proceedings, which could result in deportation from the country.”

 

In an effort to protect immigrants from deportation, the governor included the One Day to Protect New Yorkers Act in the state budget this past April, which predated his signing of the marijuana possession decriminalization bills into law. The Act reduces the maximum sentence for Class A and other misdemeanors from 365 to 364 days. By making the sentence less than one year, it can help immigrants living in New York State avoid deportation in certain circumstances. Those who received a misdemeanor conviction on or after April 12 will not face removal, but they may be subject to arrest, detention and deportation if they have more than one conviction.

 

“In addition to seeking help from a criminal defense attorney in the event they are arrested, immigrants should speak to an immigration law attorney to avoid detention or removal,” Mr. Bretz says. “The new laws are supposed to make it easier for immigrants to avoid deportation if they have a past or current marijuana possession conviction, but if ICE or BIA [Bureau of Immigration Affairs] recommends their removal, that is when immigrants should seek legal remedies to stay in the country.”

 

For more information, call (212) 267-2555 or visit www.bretzlaw.com.

 

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About Bretz & Coven, LLP

Bretz & Coven, LLP is an immigration law firm located in New York, New York and Clark, New Jersey. The firm serves clients in and around the tri-state area, including Brooklyn, Manhattan, Staten Island, the Bronx, Queens, as well as Kings County and Richmond County. Its team of dedicated attorneys is known for taking on cases that other lawyers turn down. Bretz & Coven assists individuals and their families understand the process of obtaining citizenship, New York residency or a green card and offer them a full range of options, including adjustment of status, asylum, available types of visas, waivers, removal defense, and special programs and treaties. The attorneys can also help immigrants avoid deportation. For more information, call (212) 267-2555 or visit www.bretzlaw.com.

New York, New York — With federal immigration officials commencing raids on residences this Sunday in an effort to find — and deport — any non-citizens living in the country, undocumented immigrants are fearful of being separated from their families and having to be removed from this country, even if they did nothing wrong. Kerry Bretz, Partner, Bretz & Coven, LLP, said that those who could face removal should seek the help of an immigration law attorney to allows them to stay in the United States.

Kerry Bretz

On July 11, after a two-week delay, President Donald J. Trump announced that Immigration and Customs Enforcement (ICE) officials will conduct these raids on the homes of non-citizens beginning on July 14. The raids will take place in 10 U.S. cities, including New York City. The president said that those undocumented immigrants who failed to show up for court appearances will face removal. This also includes those who do not have any criminal records.

“If you believe you or a loved one is facing deportation, you should seek the advice of an experienced immigration law attorney immediately,” Mr. Bretz said. “Being a non-citizen does not mean you do not have any rights. Remember: you do not have to answer the door, answer any questions or sign any papers. Rather, seek legal help first.”

For more information, call (212) 267-2555 or visit www.bretzlaw.com.

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* Photo of Mr. Bretz is attached. 

About Bretz & Coven, LLP

Bretz & Coven, LLP is an immigration law firm located in New York, New York and Clark, New Jersey. The firm serves clients in and around the tri-state area, including Brooklyn, Manhattan, Staten Island, the Bronx, Queens, as well as Kings County and Richmond County. Its team of dedicated attorneys is known for taking on cases that other lawyers turn down. Bretz & Coven assists individuals and their families understand the process of obtaining citizenship, New York residency or a green card and offer them a full range of options, including adjustment of status, asylum, available types of visas, waivers, removal defense, and special programs and treaties. The attorneys can also help immigrants avoid deportation. For more information, call (212) 267-2555 or visit www.bretzlaw.com.

New York, New York — As part of a new immigration plan, President Donald J. Trump announced that he would grant more visas to immigrants coming into the country who meet certain job skills or employment opportunities, while reducing the number of immigrants who come in because their family member currently lives in the United States. Kerry Bretz, Partner, Bretz & Coven, LLP, says the president’s proposal has nothing to do with bringing in job talent overseas, but with breaking up families.

On May 16, President Trump announced a new plan to bring in more immigrants who can contribute to the U.S. workforce, provided they can show proficiency in the English language, have a strong educational background and pass a civics exam. Meanwhile, fewer noncitizens who are seeking to enter the country because their family member lives here would be admitted.

Mr. Bretz says he sees ethnically diverse neighborhoods such as Jackson Heights, Queens, in which immigrants, who have come into the country as the result of family reunification, become part of the neighborhood’s economy. “The innuendo from President Trump is that those uneducated and unskilled family members do nothing for the economy, but it isn’t true,” he says. “There are tons of neighborhoods in the U.S., like Jackson Heights, that would have a poorly performing economy if it weren’t for these unskilled and uneducated family members.”

President Trump’s proposal would offer 60 percent of visas to those seeking work in the U.S. Currently, only 12 percent receive such visas. Mr. Bretz says there is legislation that already exists for noncitizens seeking work visas. “What he wants to do is end family reunification,” he says. “The employment-based portion of our laws can be improved upon, but it shouldn’t be at the expense of family petitions.”

For more information, call (212) 267-2555 or visit www.bretzlaw.com.