Showing posts with label immigration lawyers. Show all posts
Showing posts with label immigration lawyers. Show all posts

Monday, October 17, 2011

Applying for the British Columbia Provincial Nomination Program

The British Columbia Provincial Nomination Program can accelerate the process of receiving permanent resident status and eventual Canadian citizenship. The program seeks highly skilled workers, entrepreneurs and investors who can contribute to essential provincial services or provide capital to create jobs fop Canadians. Family members of British Columbia citizens can also apply under this provincial nominee program.

The application for Canadian immigration under this program is usually much faster than other federal programs administered in Canada. There are complicated requirements and verifications needed so it is important to consult an immigration lawyer to help you file. The best immigration lawyers are provided by this website.

Who can file under the British Columbia program?

· Those qualified for Strategic Occupations.
· Business Immigrants.
· Family members of British Columbia citizens.

What are the basic qualifications?

The following qualifications must be met prior to making application under the British Columbia Provincial Nomination Program. Qualified immigration attorneys can answer specific questions you may have about the program.

· The applicant must intend to settle in British Columbia.
· The nominee candidate has the financial resources necessary to settle in BC.
· If currently residing in Canada, applicant must maintain positive immigrant status.
· If outside of Canada, applicant must not have been prohibited Canadian entry.
· Applicant cannot also have a refugee claim on file.

Strategic Occupations

Applicants for the Strategic Occupations program must have a solid job offer from a BC employer or have a Masters degree in the natural, applied or health sciences. They must also fit one of these five categories.

1. Skilled workers in a trade or profession.
2. Recent graduates from post secondary-education institutions in Canada.
3. Masters degree or doctorate from BC institution. No job offer is required for these candidates.
4. Health professionals.
5. Entry-level or semi-skilled workers in certain job categories.

Immigration lawyers can help you determine what jobs are open and help you secure a possible job offer in an appropriate category for which you qualify.

Business Immigrants

There are three categories under which you may apply.
· Business skills
· Strategic projects
· Regional business

Each of these categories has detailed requirements for investments that must be made and net financial worth criteria must be met. A qualified immigration law firm can help you determine if you qualify and can help with the complicated process of drawing up all the verifications needed to prove your case.

When you want to immigrate to Canada, the provincial nominee programs can be your easiest routes. Provinces and territories need skilled workers and investors for development and you can achieve Canadian citizenship much more quickly through one of these programs. There are still many requirements to be met and an immigration attorney can help you negotiate the process.

Wednesday, October 12, 2011

Are Canadian Business Program Immigrants Restricted to One Province?


Canadian immigration through the business program can be a complicated process that is fraught with red tape requiring multiple financial and experience verifications. Immigration lawyer are a necessity for making application under the business program to ensure all qualifications are met and all documentation is prepared to withstand scrutiny by Citizenship and Immigration Canada, the CIC.

In the original application, business program applicants must designate a province where they intend to locate a business or live and work if they are investing in business. Once approval is granted, however, they are not restricted to one province and may relocate at will.

Business Programs for Immigration

There are three categories for business immigration to Canada. Applicants and their families earn permanent Canadian residency immediately upon acceptance and can apply for full citizenship after 3 years.

1. Canadian Immigrant Investor Program. Applicants must have a net worth of CAD$800,000. They must also have at least two years of business experience and be willing to invest CAD$400,000 in Canadian business, but part of the total may be financed.
2. Entrepreneur Program. This category is for those who intend to buy or start a business in Canada that will employ Canadian citizens. Applicants must have a net worth of CAD$300,000 and start their business within three years of immigration.
3. Self-Employed Program. These applicants have no minimum net worth requirement but must demonstrate the ability to support their families. They must also have experience in athletics, farming or cultural activities.

Click on this website to know how immigration attorneys can help assess your prospects for immigrating under these programs. If you do not fully qualify, you may be able to obtain a temporary Canadian work permit that will enable you to gain the necessary experience or financial position.

General Requirements

You must also meet other requirements for Canadian permanent residency status. Also, the province of Quebec may have different requirements for these programs. Necessary verifications may include the following.

· Proof of identity
· Education and experience documentation
· Background check to prove you are not a convicted felon or wanted criminal
· You must not be suspected of terrorist or criminal activity

An immigration lawyer can help you prepare your verifications and help you put together a financial prospectus to meet all the necessary requirements. Once you have been accepted into the business immigration program, you will be free to move to any province to live or conduct business. But your initial application must designate a particular province where you intend to start your business.

An immigration attorney from an immigration law firm that specializes in business immigration can help expedite a favourable decision on your application. Applicants will be assessed for Canadian citizenship qualification as well as meeting the specific criteria of the subclass under which they are making application.



How Easy Is It To Find A Good Job In Canada?


Canada has always aimed to maintain an open and accessible job market, and a wide range of job openings exists for people from outside the country. However, the process of finding the right job varies according to the sector in which you want to work. Before starting the process, your first step should be to find a good immigration lawyer here, who will help you understand the basic requirements.

Finding Job Offers
Most Canadian employers require a work permit before they can employ you, and in order to obtain a work permit, you must first have a job offer. Therefore you have start by looking for openings for employment in your field. The easiest ways to do this include:
· Use the Working In Canada tool provided by CIC (Citizenship and Immigration Canada). Here you can research your particular occupation and identify what specific skills you need.
· Job Bank is a Canadian government agency which has a large database of employment openings.
· Many job seekers find that contacting employers directly can be very effective.

Application Process
Once you have your job offer you have to make an application for a work permit to the Department of Human Resources and Skills Development Canada (HRSDC). To ensure you get your application right, you should consult a qualified immigration attorney, as approval is by no means guaranteed. The HRSDC will decide whether to accept or reject your application, after assessing the legitimacy of your job offer and also the needs of the employment market at the time.

This process normally takes about four months, though it can take up to 9 months for applicants from the Philippines. However for some sectors with a lot of vacancies, there is the alternative of the fast track option, under which employers can directly select specific immigrants who meet their particular requirements. Ask your immigration law firm if your occupation is likely to fit into this category.

Possible Job Openings
At any time there is usually a selection of opportunities in Canada for temporary and permanent workers.
· One sector that usually has plenty of openings for temporary workers is live in caregivers. To work as a live in caregiver you should make an application directly to the Live In Caregiver Program, and before you can do this you need to obtain a LMO via your employer from the HRSDC – this is a Labour Market Opinion certifying that there is a need for a foreign worker to do the job. If your application is successful you will receive a work permit.
· There are always plenty of openings in retail stores, construction companies and fast food outlets. Those who work in fast food outlets as servers can only stay for two years, but can reapply after four months.
· Those working in semiskilled jobs in hospitality, such as food processing, or hotel front desk clerks, may be able to use the Provincial Nominee Program to apply for permanent resident status. Your immigration lawyers will be able to advise you on this.
· Currently there is a large number of permanent openings for long haul truck drivers. There is a preference for employing workers from countries where English is the first language, and there are strict requirements for licensing qualifications.

The situation concerning employment in Canada of foreign workers is quite complex. There are numerous opportunities, but each sector has its own specific requirements. It is essential to consult a firm of immigration attorneys, who are expert in Canadian immigration and can ensure you get the application process right for your particular occupation.

What if My Relationship Status Changes While Applying for Canadian Immigration?


Canadian immigration has established rules and regulations for almost any situation. An immigration attorney from a qualified immigration law firm can help you understand the complexities of family immigration problems.

If your relationship status changes while awaiting a decision, you must inform the Canadian immigration visa office immediately. Most changes would necessarily have a negative impact on your application, but you need to discuss the matter with an immigration lawyer to be certain. For example, if you break up with a common law partner, there would probably be little reason for you to continue seeking immigration under that person’s sponsorship.

One the other hand, if death is the reason for the change in status, then positive outcomes can be possible. For example, if a common law spouse living in Canada dies, but children remain that are also the children of the foreign partner, then there is a possibility the foreign parent can still get a Canadian Visa. They could also apply for an emergency visa to collect minor children or attend funeral services.

Special Cases

If you have applied to join your family, but your parent dies, you may be granted a visa under the stepparent’s name. It is possible that you will have to make a new application.

· If the stepparent cannot qualify financially to support you, then you may be able to seek additional sponsors.
· Each sponsor must be able to provide you with support equalling or exceeding the 125% poverty level.

Marriage

If you are the child of Canadian permanent resident and you were unmarried, but get married while waiting for visa approval, you must inform CIC of the change in status. This will change the priority level at which your visa application is processed. You must also inform the CIC if you have a child and include the child in your application.

You will also need to make application for your spouse and any children of the spouse if you marry. This will probably cause a delay in processing your application. Immigration lawyers can advise you on the specific law relevant to your situation.

Long Distance Break-Ups

Immigration can be very hard on relationships. Whether married or not, distance can cause people to grow apart or develop new love interests. When such a change occurs, you must inform CIC and fill out the appropriate forms. Your honesty in these situations will protect the possibility that you may immigrate to Canada under another program should you ever desire to do so. Filing under another plan will require you to begin the whole process over.

Immigration law can be complex as are familial relationships. Immigration attorneys can find answers and solutions to your problems by providing the most up-to-date information on CIC’s policies and procedures.

Thursday, September 1, 2011

Q Visas - How They Are Obtained And Who Is Eligible

The Q visa is a special type of visa that is designed to allow the entry to the USA of visitors on an international exchange program. The most common type applied for is the Q-1 visa. This is intended to facilitate the sharing of cultures from different parts of the world, and can be applied for by residents of any country, if they are coming to the USA to take part in a cultural exchange program. If you need help in understanding the process for obtaining one of these visas, you should consult a qualified immigration lawyer.

Requirements For A Q-1 Visa Program
For a program to be approved for the purposes of obtaining a Q-1 visa, it has to meet the following criteria:
· It must be located in a museum or school, or a similar environment where the public can have access to the presentation of an overseas culture – not in a private home or business.
· The program must have a cultural component that will be an integral part of the visa holder’s responsibilities.
· This component must be constructed in a way that will demonstrate the traditions and customs of the visa holder’s country.

How To Obtain Program Approval
For a program to be approved for Q-1 visa purposes, the employer must take the following steps:
· File Form I-129 along with the Q visa supplement, and full documentation of the program.
· Provide evidence that the company carries out international cultural exchange programs, with a designated manager to administer them.
· Demonstrate that the holder of the Q-1 visa will benefit from the same compensation structure and work conditions as a US employee would receive.

If there is any confusion about program approval, the employer should consult a qualified immigration attorney for clarification.

How Does An Individual Obtain A Q-1 Visa?
The application for a Q-1 visa is made simultaneously with, or immediately after, the application for program approval. The applicant must fulfill the following requirements:
· Must be 18 years of age or over.
· Must possess a certified qualification to carry out the services designated in the program approval.
· Must have sufficient language ability to be able to communicate the information about the culture of the country of origin to the American public.
· The maximum stay is 15 months, after which the applicant has to be out of the USA for at least 12 months before reapplying.

What Is A Q-2 Visa?
A Q-2 visa, or Walsh Visa, is a special type of Q visa which was created as part of the Irish peace process. The purpose was to provide training and employment opportunities for young people affected by the Troubles. The visas were originally only valid for the years 2000-2002, but have been extended. The requirements to apply are that the applicant:
· Must be between 18 and 35 years of age.
· Must be from Northern Ireland, or from one of the six counties of the Republic that border on Northern Ireland.
· Must have been unemployed for the past few months, or have completed a publicly funded training program, or, if employed, have been nominated by the employer. In the latter case the US experience must be clearly shown to benefit both employer and employee.
· Must have found a US employer to provide employment.

To obtain a full understanding of the requirements for the Q-1 visa and the Q-2 visa, it is essential to consult a qualified attorney from an immigration law firm. The only way to ensure that a correct application is prepared, and that you have the right documentation, is to use specialized immigration lawyers. By checking that your immigration attorneys are qualified in these matters, you will be assured of fast processing through this complex area.

Wednesday, August 31, 2011

What Is the Diversity Immigrant Visa?

Anyone who comes to the United States with the intention of remaining for an extended period of time should arrive carrying a visa. That way, the government can keep track of all the men and women who have made some region of the U.S. their temporary home. Yet in the past, that regulation has managed to limit the number of immigrants with visas from certain countries.

The Diversity Immigrant Visa represents an effort to diversify the ethnic background of those who come to America’s shores. Those who obtain such a document have become winners in the annual Diversity Visa Lottery, also called the Green Card Lottery. The State Department uses a computer generated drawing, when selecting those winners.

The winner of that lottery can have a continued presence in the United States. He or she can work in any government, public or private job available. He or she can enjoy the advantages linked to health, retirement, social security and other benefits. At the same time, that lottery-winner is expected to pay any required taxes.

Later, the same male or female visa-holder can apply for citizenship. Then, once he or she has become a citizen, the same person could decide to contact an immigration lawyer. An immigration attorney that is present on this website, could help him or her to file petitions for further visas.

While the winner of a DV visa can bring his or her immediate family members, that does not include relatives such as aunts, uncles and cousins. By contacting an immigration law firm, a green card holder can learn how to gain visa-status for a larger circle of relatives. The immigration lawyers in the firm can offer advice on completing the forms that must be submitted, in order to obtain a more traditional visa.

A winner of this Green Card Lottery must have at least a high school education, or two years of working in an occupation that demands two years of training. Rather than an obstacle, that requirement really gives the immigrant a useful stepping stone. It ensures the immigrant’s possession of a skill set, the sort of thing that can help him or her to find a job.

In addition, that skill set can help a man or woman start a business. If he or she does decide to become a business owner, then again, that man or woman might find it necessary to contact one of the many immigration attorneys. That way, he or she could learn how to get papers for a relative, and thus have that family member working as an employee of his or her business.

Of course an employment visa does not give someone the benefits enjoyed by a permanent residence. That visa-holder must be sure to complete all the necessary documents, in order to have a chance for getting a Green Card. Sometimes an immigrant finds it necessary to seek legal assistance, while traveling that path to residency status. Guided by such legal help, he or she stands a better chance for gaining the right to enjoy a continued presence within the United States.

Legal Help to Avoid Deportation

Many people find that immigrating to the US or Canada offers opportunities that were not available in their homeland.   There are options for academic, financial and community involvement that might not have been offered in the old country.  For many, the move to a new country will involve securing an immigration lawyer to ensure that the newly found ways of life are note ended tragically through deportation.  Moving to a new country is not guarantee that you can live the rest of your life there, but immigration lawyers can help persons to understand the necessary steps to maintain the status as well as the best method of obtaining a Third Country National Visa.

Definition of a Third Country National Visa.

The third country visa is obtained through a recognized consulate allowing the holder to enter countries that are not of the holder's national origin.  Once the third country visa has been validated by either the US or Canadian consulate, the party has the freedom to pass through the endorsing country.  The application process is usually straightforward and the applicant will need the following documents:


Application
Passport
Passport photo
Records of arrival and departure since last entrance into US
Valid legal status proof since last entry into US
Country of origin connection proof

Persons that ignore the requirements for these forms can be at risk of deportation.  In addition, the applicant must pay fees and supply approval notice of the desired status of the visa.  In addition, male applicants between 16 and 45 needs to supply a supplemental application for non-immigrant visa.

All of the forms must be correctly completed, and avoiding these requirements may eventually put you at risk for deportation. Other requirements include paying a fee for the visa application and in some cases notice of approval for your desired visa status. Visa applicants who are men between the ages of 16 and 45must submit another required form, namely:

Defining Deportation
Deportation is the legal removal of a person who does not hold citizenship in the country.  Countries can deport immigrants for any number of reasons.  Help from the staff of an immigration law firm is often helpful in preventing deportation.

The process of deportation generally starts in the US Department of Homeland Security.  The visitor is given notice to appear at a court.  A judge must rule a person as ineligible to remain in the country.  Receipt of a notice is not an automatic deportation, and hiring immigration attorneys like the one from this website that are competent in their field may help in the process of working through the claim.   The good immigration lawyer helps applicants to avoid removal from the country.  The same advice is applicable to Canadian immigration as well.  The law office is able to help to avoid legal deportation.

Who can Make a Refugee Claim in Canada?

Canada will allow anyone who is not a Canadian citizen to make a refugee claim.  The claim can be filed at any Canadian port of entry, the Border Services Agency or at a Canada Immigration Center.  An officer will interview the person and if the claim is determined as eligible it is sent to the Refugee Protection Division.

The burden of proof lies with the refugee.  The claimant has to show that he or she is eligible for protection.  According to Canadian law, the person is ineligible under the following circumstances:

? Claimant already granted protection as refugee in any country
? Claimant previously denied Canadian refugee protection
? Claimant entered Canada through a safe third country that would have allowed claim for refugee protection
? Claimant is a security risk, known to violate human rights, committed serious crimes, or member of organized crime group.

Claims determined as ineligible will be offered a hearing.  A packet of information, including a Personal Information Form will be given to the claimant.  This form must be completed and received back at the immigration office within 28 days.

Persons facing a hearing may want to consult with an immigration lawyer.  The immigration attorney has experience and training in dealing with the immigration services and helping persons to complete the necessary paperwork.

In completing the Personal Information Form, there are some vital things to remember.

The form must be completed and returned on time.  Be sure to allow timer for the delivery of the form to the CBSA.
A Personal information form must be completed for each person, including children under 18, even though parts of the form may not apply to children younger than 6.
The parent signing the PIF is normally designated as a child's representative and has responsibility to make decisions on behalf of the child.
Children traveling alone may have a representative designated by the IRB.  The representative must sign the completed Personal Information Form.
Forms may be completed in either French or English.  An immigration law firm may have a translator on staff that can help to ensure that the information is both clear and accurate.  
The whole story must be told with no details left out.  Complete each blank on the form.  If a question is not applicable, write N/A in the blank.
Claimants are responsible for the information in the Personal Information Form.  If immigration lawyers have completed the form, the person making the claim must ensure the information is correct and true before signing.

Once the form is received, it is reviewed to determine if a hearing is necessary or not.  In some cases, the determination to allow immigration is made without a hearing at all.  If more information is needed or the case is less clear cut, the applicant may qualify for an expedited hearing or may need to face a full hearing.   Even if a full hearing is held and it is determined that the applicant is not eligible for immigration into Canada, the decision can be appealed for another hearing.

This website does have experienced immigration attorneys that can help clients through every step of the process to become a Canadian citizen through the refugee process. While the process is involved at times, the results of living without the danger and persecution are often worth the effort.

All You Need to Know About the TCN Visa and Eligibility Criteria

 Applicants for immigrant visas in the United States and Canada are often faced with much confusion regarding the laws and criteria concerned. Many will seek the help of an immigration attorney to avoid making mistakes. We make an attempt to accurately answer some of the most frequently asked questions.

What is the Third Country National visa?
This visa is one that has been received from the US consulate while in a nation that is not the individual’s native country/home nation.

Eligibility Criteria for the TCN Visa

In order to determine whether or not an individual is eligible to be awarded this Third Country National visa, the following criteria is used:

- He or she is a national of a foreign country that has never been without the status while in the United States.
- He or she has not been in US for a period that is longer than that which has been authorized by his/her Immigrations Officer at the time of entry into the USA under any category of visa.

What Documents Are Necessary for the TCN application for a visa?

You will need to have the following documents on hand (original) when applying for your Third Country visa:

-Passport (Valid)
-Current Passport Photo of Self
-Fee for the Visa Application
-Proof for Relations to Native Country
-Documentary proof of legitimate legal standing since last entry into the United States
-Notice of approval for the sought after visa status (in the case that USCIS approval is needed)
-Filled in Non-Immigrant Application for Visa (DS-156 Form)
-Filled-in Supplemental Non-Immigrant Application for Visa (DS-157 Form) – needed for male applicants aged 16-45 indiscriminate of nationality.
-All previously issued I-94 (Records of arrival and departure) that has been received since last time the individual entered into the United States.

Which is Easier – Applying from US Consulates located within the applicant’s native country or applying in the form of a TCN demanding visa?

It is a unanimous conclusion that the individual faces a greater likelihood of encountering difficulty at interview time if the application for US visa is made from outside the individual’s native homeland. Visas will be denied at posts along the borders by consular officers if they are led to believe that indications of a fraud are present. Furthermore, their gap in knowledge regarding the local situation as well as familiarity concerning documents of the home nation may prevent proper adjudication of said case.

Get in Touch with Immigration Attorneys
For a clear and concise picture of the complications involved in applying for a TCN visa, your best hope would be to speak with immigration lawyers that are qualified and experienced in assisting clients with the Canadian immigrations process. You may consider hiring an immigration law firm from here for the consultation too. Your immigration lawyer will be able to guide you most accurately for the particular situation you may be in. Every case is, after all, different. Tailored attention is always the most likely to yield best results.

Wednesday, August 17, 2011

Details About F Visas and Eligibility Criteria

The F visas are a cluster of visas referred to as non-immigrant student visas, meaning that they are intended for individuals looking to study in the United States and return to their home countries after completing their education programs. The F visas offer different opportunities to those who qualify for them, as you will see below.

Types of F VisasThere are 3 main kinds of F visas, these are:
F-1, F-2, and F-3 visas. Each of these has different eligibility requirements and different privileges. Most of the time, applying for the F cluster of visas is straightforward, but in case of any problems, it is best to consult an immigration attorney for legal advice.

F-1 Visa
The F-1 visa is ideal for academic and language students who want to study in the U.S. The first requirement to qualify for this visa is to be accepted in a recognized US university as a full time student. It is also suitable for college, high school, private elementary school, seminary, conservatory and language institutions in the U.S., as long as the institution is accredited and recognized in the States.

F-2 Visa
The F-2 visa is dependent on the F-1 and is suitable for the family members of a student learning in the U.S. who already has the F-1 visa. This means that if you are the student in a U.S. institution, you can invite your spouse or child to stay with you via the F-2 visa. However, to qualify for this, you must produce proof of marriage and any children should be unmarried and below 21 years old.

F-3 Visa
The F-3 visa is also known as the border commuter visa, and is the ideal solution if you have to, or choose to, commute from one country to the U.S. for your studies. The countries that allow for this visa include Canada, Mexico, Bermuda and Bahamian nations, since the students from these countries may opt to commute to their classes in the U.S. institutions.

Other Requirements for F VisasAs mentioned above, the common denominator in all F category visas is the acceptance to a recognized academic or language institution in the U.S. Another important requirement is proof of financial capability, particularly a strong bank statement. This is required regardless of whether you are a self-sponsored student or in a scholarship program.  An
immigration lawyer would be able to assist you to prepare the relevant documents.

You will also be required to provide proof of citizenship and show no intention of fleeing your home country for the U.S. while on your studies. This is part of the reason why many financial aid providers make it mandatory for beneficiaries to return home.
F Visa Restrictions
The F class visas are essentially student visas and this means that holders are not allowed to work in the U.S. while in school. You could seek out the assistance of immigration lawyers in an international immigration law firm to assist you with this matter. On the other hand, there are no travel restrictions for the F visas, meaning that you can travel in and out of the US, for example during holidays to visit you home country.

As this website says, the best way to get any of the F visas is via an experienced immigration attorney. Immigration attorneys usually assist their clients to navigate through the complicated legal issues that might arise when applying for a US visa.

Tuesday, August 16, 2011

Canadian Immigration: The Criteria for Applying as a Skilled Worker

For someone to understand the process of applying for Canadian immigration better, it is prudent to hire an immigration lawyer. Since it is their field of operations, they are much more proficient in dealing with such cases and edifying their clients about the developments and changes that have occurred recently. Especially when it comes to the skilled workers aspect of application, the requisites should be learned before going through the actual process. Of course there is not one criterion based on which this decision can be made. There is a coalition of benchmarks that need to be fulfilled in order to be eligible for application.

The dimensions in which these benchmarks are designed are inclusive of:

Educational qualifications


Work experience


English and/ or French proficiency


Other miscellaneous criteria that is essential for future economic stability of the residents

This applies to the whole of Canada with the exception of the province of Quebec. This particular region has its own set of rules and regulations that are different from the rest of the provinces in Canada. Those candidates who are interested in applying for permanent residency for Quebec can specifically tell their immigration attorney so that they can be briefed about the distinct guidelines.

For the application procedure to be processed further, one needs to accomplish the following requirements:

He should enclose the results of the official language proficiency test he has taken


He should have some kind of employment offer that is valid

If that is not the case, one year experience of full time paid work experience is required. A lawyer from an immigration law firm like this can guide the applicant in this regard. The minimum work experience essentials include:

One year, full time employment, which is paid for?

Should have Skill Type 0 (which refers to managerial job experience) or Skill Level A (professional job experience) or Skill Type B (technical/ skilled occupational experience) in accordance with the Canadian National Occupational Classification (NOC) list

This experience should be spread over at least ten years

Once the candidate is deemed eligible based on the aforementioned criteria, then comes the next round of pre-requisites (some of which have already been outlined above):

Education


Work experience


Age


Any offers of employment in Canada 


Ability of adaptation

As for those who do not have any job offers in Canada, they should have adequate financial support for themselves and their families so that they can have stable lives before getting a formal job. Also any of the immigration lawyers will tell their clients that lying on the application is never a smart strategy. There are self assessment tests available on the World Wide Web (namely the Come to Canada Wizard) that help interested folks determine whether they are eligible or not or how many points can they score for the skilled worker category. All in all, applying for permanent residency to Canada under the skilled worker category requires proper guidance and planning for which an immigration lawyer can be very helpful as he helps in preventing any mishaps through the course of the whole process.

Immigration - Who can be Sponsored?

More and more residents of Unites States are immigrating to Canada. Because of insufficient financial opportunity in US compared to Canada, many residents are moving to north. Due to the simplicity of immigration process, most of the alien who had earlier immigrated to United States are changing their minds and moving to Canada. When these people shift to Canada they naturally wish to have their families with them. The process of Canadian immigration becomes complex at this particular point. Though it is possible to complete the immigration process by yourself, but it is beneficial to hire the services of an immigration law firm to make things easier, luckily they are available if you check on their website.

     Who are eligible to be sponsored?

     A permanent Canadian resident is permitted by Canadian authorities to sponsor their immediate family members and this includes:

     * A spouse, whether covered by common-law or legally married 


     * Parents


     * Dependent children


     * Grandparents 

     Some other relatives can also be sponsored if they are not in a marital relationship and are orphaned minors.


     * Sisters


     * Brothers


     * Granddaughters


     * Grandsons


     * Nephews


      * Nieces 

      A Canadian resident cannot directly sponsor any other relative but if they apply on their own they get the benefit of having their relative in Canada. Further information on the subject can be provided by an immigration attorney.

     Requirements to become sponsored for Canada

     While determining whether a particular person is eligible to be sponsored, certain things make the process of Canadian immigration quite difficult. A criminal record is one of these things. Canada is very strict regarding who should be allowed to live in its boundaries. Potential immigrants may be deemed as criminally unfit for various reasons. Following are some of the reasons:

     * DUI


     * Drug offenses


     * Reckless driving


     * Simple assault


     * shoplifting 

     It must be noted that time of offense is not taken in to account. Regardless of how long the offense occurred, it will remain in the computer. A person with a criminal record, whether minor or adult, is not allowed to enter in the boundaries of Canada. Immigration lawyers help the potential immigrants to find out whether this particular requirement will be a problem for them and whether this problem can be resolved.

     People who wish to immigrate to Canada have to undergo medical examination to prove that they don’t carry any health condition or contagious disease which can be dangerous to the Canadian health system. Besides this, human rights violators and spies are also denied permission to enter Canada. Immigration attorneys have sufficient knowledge about this in deep detail and can help the prospective immigrants to know if they fall in any of these categories.

     Changes in immigration procedures

     Most of the people have false information that the immigration requirements have become much strict in the past few years. But that’s not true. The only difference that can be seen is in the enforcement of law. After the terror attack on the World Trade Center on September 11, 2001, United States and Canada entered in to an agreement to access each other’s records. A person involved in criminal activity is denied to enter Canada.

     A person can rehabilitate himself in the eyes of Canadian authorities through the rehabilitation procedure but it is time consuming and costly. Hiring an experienced immigration lawyer who has sufficient knowledge about the immigration law and requirements is the best way to insure your immigration to Canada. In order to avoid any kind of mistakes and delays, it is better to consult the lawyer early in the process. With the help of a qualified legal representative, a person can expect to sponsor any eligible relatives to enter Canada.

How an Immigration Lawyer Can Help You Get a K-3 Spousal Visa

If you are moving to America with your wife or husband, you should talk to an immigration lawyer as soon as possible.  They will be able to help you apply for the K-3 Visa.  With this visa, non-residents can become legal if they are married to a U.S. citizen.

Understanding the K-3 Visa 

The K-3 Visa makes life much easier for foreigners that fall in love with American citizens.  Without one, the couple would have to be separated (while waiting for an official immigrant visa).  It does not matter what side of the world you are from.  Whether you are from Canada or England, you have to go through the same process.

How Does the Law Define a Spouse? 

When you visit an immigration attorney from this website, they will explain how U.S. law defines a legally married couple.  Basically, you have to be married to a person of the opposite sex.   Cohabitating couples or those that are involved in same-sex relationships do not count.  However, this does not mean that there might not be other ways around this law.  If there are, immigration lawyers will be able to help you.

Who Needs the K-3 Visa? 

Anyone who is not a U.S. citizen needs to get this visa.  Otherwise, your spouse will be forbidden to travel for long periods of time.  If they do so regardless, they will encounter serious legal problems.  However, with immigration attorneys, these worries are eliminated.  Even if your spouse is experiencing legal issues, the attorney will know how to resolve the situation.

What Happens if You Do Not Seek the Services of an Immigration Law Firm?

If you try to get a K-3 Visa by yourself, you will spend a great deal of time researching and filling out applications.   Also, you may not be seen in the same light as someone who has a lawyer.  Border officials may give both of you a harder time.  Plus, if your paperwork contains any errors, you will have to spend even more money correcting them.

Getting Started 

To apply for the K-3, you need to visit an immigration law firm in your area.  Depending on who you work with, you will probably get a free or low-cost consultation.  During this consultation, they will explain the ins and outs of immigration, making sure they answer all of your questions.  Then, if you decide to retain them, they will immediately get started with the paperwork.   From that point forward, all you will have to do is fill in the blanks and provide whatever verification is needed.   Nothing more is required, which is why anyone with a foreign spouse should definitely consider this method.  While it will cost a little bit of money, in the long run it will save both of you a great deal of hassle.

Wednesday, July 27, 2011

Canadian Family Regroup Visas

The importance of anyone seeking to immigrate to the USA or Canada contracting an immigration law firm cannot be over-emphasized. This is even compounded if they are dealing with a family regroupment visa. People do not realize and understand how complicated and confusing that process can be. A simple mistake which is very easy to make can and will result in rejection of the application.

Canadian Family Regroupment Type Of Visa


In Canada, the visa known as the family regroupment type is also identified as Family Class visa. The great advantage offered by this visa is there no employment restrictions imposed by it. This is the direct opposite of the work visa which restricts the person involved to one employer only. To obtain the Family Class visa, the party involved must have a relation that is either a permanent resident or a Canadian citizen. That individual will then serve as the sponsor required by the application process.

These are the requirements of the sponsor relationship:


1. Conjugal partner, common-law partner or spouse.
2. Grandparent or parent
3. Dependent child
4. Niece, nephew, sister, brother or under 18 year old unmarried or orphaned grandchild who also cannot be involved with any common-law interest or relationship.
5. Child under 18 that one intends to adopt


With a sponsor the following two necessities for the Family Class visa which are basic come into play.


1. A medical examination must be successfully passed. Here it is of great value to have immigration lawyers counsel explaining the criteria involved which is tied in with the sponsor and what the relationship with them is.
2. One's police record in the country they are coming from has to be clean and the same applies for any and all other countries they have lived six months or longer after their eighteenth birthday.


USA Family Regroupment Visas

Members of the family of either permanent residents or US citizens are able to use those connections to obtain a Green Card for themselves. Here are some of the advantages that come with that card:

1. No restrictions where one can live in the USA.
2. One can accept employment without an employment authorization being necessary.
3. One can work in any capacity for anyone.
4. One is able to sponsor other relatives Green Card applications.
5. After five years one can qualify to become a citizen of the United States.


The sponsor one has to be able to immigrate into the US must meet this criteria
:

1. They have to prove they are a permanent resident or citizen of the USA.
2. They have the ability to support the person they are sponsoring at one hundred twenty five percent of the poverty line that is mandated.
3a. Should they be a citizen of the United States the person involved must be either a parent, sister, brother, married daughter or son any age, unmarried daughter or son not yet 21 years old, wife or husband.
3b. Should they be a permanent resident of the USA the individual involved must be either an unmarried child, wife or husband.


The bottom line is that these are complicated issues and best left to immigration attorneys to successfully handle. They will be able to provide the guidance and expertise one needs to smoothly navigate through the process.

Thursday, July 21, 2011

Immigration- difference between the I-129 and the I-130

If you are going to be bringing someone you know over to the United States there are certain criteria you must follow before you can accomplish this task. There are many documents to fill out. If you employ the services of an immigration lawyer, you will have someone who is experienced in immigration law. This will help you to avoid making any mistakes on the documents, because if you make a mistake on the documents this will only hold up the process.

There is a difference between the I-129 and the I-130.

There are two different ways to sponsor someone to the United States and which of these forms you fill out will determine the way your relative enters the US. The I-129 is a non immigrant form for someone who will be working in the United States. The I-130 is a form you would fill out to sponsor a relative into the US. An immigration attorney will assist you in picking the correct form to fill out.

Filing the correct form


Most people will file both forms, but this is not always necessary. The immigration attorneys will be able to tell you if you should fill out both forms. There are still many questions you might have about filing both forms. Some of the questions might be if you do file both at the same time would the decision be made about both at the same time? The two forms are generally processed with the same speed, but the I-129 might process a little faster.

There will be documents required at the time of filing.


The immigration law firm is going to tell you that you will need to document a few things before the paperwork can be filed with the immigration office. Some of the documents you will need to file are your education, work history, and financial status.

If you drive, you will need to bring a copy of your drivers license. You will need your own passport. If you have gone to school in the US, you will need your transcripts. You will need to present your birth certificate.

When will you get the answer?

The amount of time it will take to get the answer will depend on how close of a relative you are trying to sponsor to the United States. Sometimes the decision is made so fast it only takes a couple of weeks, other times it will take many years. This can be quite overwhelming for someone who is not used to all of the red tape involved in dealing with the United States government.You can get more answer on this site.

To ensure that you will get everything correct you need to get the help of an immigration attorney. This is always going to be your best option, and might expedite the process.

Hire an Immigration Attorney When Student Visa- Rejected!

If you are Canadian and had planned to attend school in the USA, but somehow got your Student Visa rejected, find a good immigration attorney to straighten out what could become a rather complex legal issue without much effort. 
 If this has happened to you, it is possible that you might have been under the same mistaken assumption of many Canadians in that they do not have to abide by the same rules as other international students; but that assumption is far from the truth, as many immigration lawyers can attest.
 
According to information obtained from the US Department of State (DOS) and the US Department of Homeland Security (DHS) the only difference between Canadian students and other International students entering the US to study is that Canadian citizens not have to apply for an entry visa through a US Consulate. They do, however, have to obtain the same documentation as every other immigrant in reference to study, work or permanent residence in the USA. A student would need to have completed the following documentation to be considered for a visa.

•    1-20 A-B Certificate of Eligibility (F-1) Status
•    1-20M-N Certificate of Eligibility (M-1)Status
•    DS-160 Non Immigrant Visa Electronic Application form
•    MRV paid receipt.
•    A passport valid to at least six months beyond your stay in the US
•    1-2x2 photograph


Additionally, you are expected to provide transcripts and diplomas from other institutions that you have attended; scores from any standardized tests that you have taken and proof of financial sufficiency.
  
The US government requires that the school you will be attending issues you the 1-20 form, the DS-160 is done online and the rest is done through the US embassy's office.
The Immigration and National Act is fairly specific with regard to the requirements which must be met by applicants to qualify for a Student Visa, the consular officer at the US embassy will be the  you applied will make If you have gone through all of this procedure, however, and your application was still rejected there are a few reasons that would automatically put you out of the running for active study in the US.  If your application was denied for any of the following reasons, correcting those issues, then finding immigration lawyer attorneys to re-file your petition might be the best course of action.  The most common reasons for a student visa application to be rejected would be as follows:

•    Must have a residence abroad with no immediate intention to abandon.
•    Intend to return home once the course of study is completed
•    Possess sufficient funds to pursue the proposed course of study

So, if your student visa has been rejected, hire a reputable immigration law firm.  Diplomacy in this type of situation is always the best tact, and with an immigration attorney on your side; one who has been trained in the nuances and complexities of immigration law will understand what you did wrong the first time around and correct the discrepancy in your re-filed petition. Before you know it, you are sitting in class and enjoying the academic environment of the American university or your choice, with all immigration issues a thing of the past.

Make the Immigration Process Smooth with Professional Assistance

Specific type of visa is needed by those who plan to stay for a long period of time in Canada or those seeking permanent residency. Obtaining a visa is a complex process involved with legal issues and so it is better to seek professional help from a reputable immigration law firm.

Work Visa


It is a kind of permit that allows the person to work legally in another country. Similar to other citizens of the country, the person having visa also becomes eligible for some of the state benefits. Depending on the type of visa, the person can apply and work in different types of jobs.

Work Visa for Canada


A work visa is needed if the person wants to live and work legally in Canada. While the initial process may seem intimidating the trouble is worth it. Compared to other illegal residents in the country; an eligible person can apply for higher paying jobs. Taking help of immigration lawyers ensures that this process is less daunting.

Time It Takes to Process a Work Visa

The applicant has to file the required paperwork and from start to finish the process may take a few days. The time may be longer if the applicant tries to handle everything without any professional help. An inexperienced person can commit errors along the way. The paperwork may not be in order, the wrong documents may be filed or there may be errors in the submitted details. When all the required paperwork is properly filled and in hand then the person can apply for the work visa and get it approved on the same day. This way, the process can be completed within a day. A temporary resident visa along with the work permit may be needed by the person wanting to enter Canada. Residents of many countries are required to fulfill this obligation. The list includes the name of following countries:

Azerbaijan
Armenia
Argentina
Angola
Algeria
Albania
Afghanistan


Even before traveling to Canada the applicant has to obtain this document from the home country. The process there depends on the department involved. When applying for the work visa, the applicant should discuss with the immigration lawyer whether this document is needed.

Things Required from the Applicant


The person wanting to go to Canada has to provide a valid reason. If it is going to be work related then the person has to figure out the type of work visa that they can apply for. The whole process can turn out to be a complicated one so it is better to hire the services of immigration attorneys to speed up the process.

Importance of Using an Immigration Law Firm

It is better to use the services of an immigration law firm when seeking a work visa in Canada. This will help avoid any delay or rejection. You can click here to have a better explanation about the importance of immigration law firms.