Denied Entry to the US?

Nov 12
29


I’m a Canadian Citizen and I’ve Been Denied Entry to the USA Because I Have a Criminal Conviction. What Should I Do Now?

Canadian citizens who have been denied entry to the United States due to a past criminal conviction can apply for an I-192 Waiver of Inadmissibility. This waiver must be applied for, and in almost all cases received, prior to attempting another entry into the United States. The first thing you should do after being denied entry to the US is check your records for any documentation you may have regarding your past convictions, and to call a US Immigration Lawyer.

What Can A Lawyer do to Help Me?

One of PricewaterhouseCoopers Immigration Law LLP’s US Immigration lawyers will review your charges and convictions thoroughly to determine whether or not you require a waiver. If it is determined that a waiver is necessary, we will assist you in gathering the necessary documents and preparing a cogent application package to present to the US authorities. We will work with you to ensure that you meet the legal requirements necessary for a waiver to be granted and we will assist you in putting together the strongest application possible. Once the application has been submitted, we will follow-up on your application at regular intervals and continue to monitor its progress.

What Happens Next?

A waiver of inadmissibility can be granted for anywhere from 1-5 years. Initial waivers are generally only valid for one year, and must be renewed if you intend to enter the US.
To schedule a consultation or speak with one of our US Immigration lawyers, please contact PricewaterhouseCoopers Immigration Law LLP at 1-800-993-9971 or via the internet at pwcimmigrationlaw-info@ca.pwc.com.


Posted by Immigration Law Team » No Comments »

Revocation of Canadian Citizenship

Nov 12
20


In July, 2011, Jason Kenney, the Minister of Citizenship and Immigration,  announced that as many as 1,800 Canadians could be stripped of their citizenship because they obtained their citizenship fraudulently. The 1,800 individuals were identified following a three-year investigation by the RCMP, other police forces and Citizenship and Immigration Canada.

On September 9, 2012, Minister Kenney announced that the number of people who would likely have their citizenship revoked had risen to 3,100, with an additional 11,000 people under investigation.

The process of revoking these peoples’ citizenship has already begun, with several Canadians receiving letters stating the Minister intends to present evidence that citizenship was obtained by fraudulent means and advising of a 30-day period within which the individual my request the matter to be referred to the Federal Court of Canada for a determination regarding fraud.

The authority of the Government of Canada to strip people of their citizenship is provided for by s. 10 of the Citizenship Act, which states that:

Order in cases of fraud

10. (1) Subject to section 18 but notwithstanding any other section of this Act, where the Governor in Council, on a report from the Minister, is satisfied that any person has obtained, retained, renounced or resumed citizenship under this Act by false representation or fraud or by knowingly concealing material circumstances,

(a) the person ceases to be a citizen, or

(b) the renunciation of citizenship by the person shall be deemed to have had no effect,

as of such date as may be fixed by order of the Governor in Council with respect thereto.

The revocation of Canadian citizenship does not lead to automatic deportation. If an individual’s entry to Canada was lawful, but the person obtained citizenship unlawfully, then revocation causes the person to revert to permanent resident status. However, if a person’s citizenship is revoked because the person entered Canada by false representation, fraud, or knowingly concealing material circumstances, then the individual will be reportable under section 44(1) of the Immigration and Refugee Protection Act and may be removed from Canada without a right of appeal to the Immigration Appeal Division.

For more information on any Canadian or US immigration matter, please contact PricewaterhouseCoopers Immigration Law LLP at pwcimmigrationlaw-info@ca.pwc.com or 18009939971


Posted by Donna Habsha » No Comments »

Conditional Permanent Residents

Posted by Donna Habsha|Canada Immigration
Nov 12
14


On October 26, 2012, Citizenship and Immigration Canada (“CIC”) implemented conditional permanent residency for certain people who immigrate to Canada under the spousal-sponsorship program. CIC has stated that the goal of introducing conditional permanent residency is to reduce instances of marriages of convenience.

What Is Conditional Permanent Residency and Who Does It Apply To?

Conditional permanent residency will apply to individuals who were the spouse, common-law, or conjugal partner of their sponsor for two years or less when they submitted their sponsorship applications and who did not have children in common with their sponsor when they submitted the sponsorship applications (“Conditional Permanent Residents”). Conditional Permanent Residents will be required to cohabit in a conjugal relationship with their sponsors for a continuous period of two years after the day on which they became permanent residents (the “Condition”). If CIC determines that Conditional Permanent Residents have breached the Condition, CIC will declare them inadmissible to Canada, and removal proceedings will be initiated. Conditional Permanent Residents will be able to appeal such decisions to the Immigration Appeal Division, which can consider humanitarian & compassionate considerations.

Automatic Lifting of Condition

At the end of the two-year period, CIC will automatically remove the Condition if there is no investigation into whether the Conditional Permanent Resident remained in compliance.

Investigation of Conditional Permanent Residents

CIC will conduct an investigation into a Conditional Permanent Resident either as a result of a random assessment, or as a result of information that CIC receives which leads it to suspect that a Conditional Permanent Resident breached the Condition. During an investigation into whether a Conditional Permanent Resident complied with the Condition, the immigrant must provide evidence that he or she cohabited in a conjugal relationship with their sponsor for the two-year period following the individual immigrating to Canada.

CIC may also conduct an investigation into a permanent resident after it has already removed the Condition from the permanent resident’s file if it receives information that the Conditional Permanent Resident breached the Condition.

Permanent residents who are the subject of ongoing investigations into whether they were previously Conditional Permanent Resident who breached the Condition may not be granted citizenship.

For more information on any Canadian or US immigration matter, please contact PricewaterhouseCoopers Immigration Law LLP at pwcimmigrationlaw-info@ca.pwc.com or 18009939971


Posted by Donna Habsha » No Comments »

Minister Kenney Addresses Regulators Conference

Nov 12
14


Addressing the Canadian Network of National Associations of Regulators Conference on November 8, 2012, Citizenship and Immigration Minister Jason Kenney emphasized the critical role that regulators play in helping immigrants position themselves to succeed in the Canadian economy. Said Minister Kenney, “Our Government’s top priorities are job creation, economic growth and long-term prosperity. Attracting and retaining the best international talent to fill skills shortages in key occupations is critical to Canada’s economic success. Our regulatory partners are vital to ensuring newcomers can start working in their fields faster.”

The role of regulators will become increasingly important if the government proceeds as planned with a proposed requirement that applicants under the Federal Skilled Worker category have their foreign education credentials evaluated by designated organizations before their arrival in Canada. According to Citizenship and Immigration Canada, “This is an important step to address the problem of immigrants arriving and not being able to work in their field”.

Recent government initiatives aimed at improving foreign credential recognition have included the establishment of service standards allowing internationally trained professionals in a number of “priority occupations” to have their qualifications assessed in Canada within one year, as well as the launch of a pilot program to develop and test financial assistance programs to help lessen the financial burdens which can often present a barrier to credential recognition for internationally trained professionals that. Minster Kennedy confirmed in his speech that the Government will continue to work with the regulatory community to improve the foreign credential recognition process and help new immigrants to position themselves to succeed in the Canadian labour market.

For more information on any Canadian or US immigration matter, please contact PricewaterhouseCoopers Immigration Law LLP at pwcimmigrationlaw-info@ca.pwc.com or 18009939971


Posted by Joy Sisca » No Comments »

IEC – Working Holiday Program Opens, Closes for French Nationals

Nov 12
12


The Canadian Embassy in Paris, France has recently announced that they will no longer be accepting applications for work permits for the 2013 year under the International Experience Canada – Working Holiday Program.

Formerly known as International Youth and Exchange Programs, the International Experience Canada (IEC) program facilitates the issuance of work permits to young foreign nationals seeking to gain work experience in Canada. Available to citizens of countries with whom Canada has a bilateral agreement on youth mobility (such as France, Germany, Australia, and the United Kingdom), the IEC program is an ideal option for youth who are looking for professional experience and who may not otherwise qualify for a work permit to Canada.

Most IEC programs have multiple subcategories under which potential candidates may apply for a work permit, and nearly all countries have a maximum number of applications that may be accepted each year under each category. One of the most widely used IEC categories is the Working Holiday Program, which allows eligible candidates to obtain an “open” work permit, authorizing their work for any company, in any position across Canada, without having to first secure a job offer.

The Working Holiday Program for French nationals is one of the most popular categories and fills up quickly. This year, the Working Holiday Program in France opened on November 7, 2012 and, after only 3 days, was closed on November 9, 2012. During this time, the Canadian Embassy in France received approximately 6,750 applications, meeting the maximum number of applications allotted for the 2013 year under this stream.

The “Young Professionals”, “Internship/On-the-Job Training” and “Student Summer Job” categories of the 2013 IEC initiative with France will open on November 19, 2012. Under these three streams, which all require the applicant to already have a job offer in Canada, the Embassy will accept a total of 7,250 applications.

If you are interested in applying for a work permit to Canada under the IEC or other work permit category, contact the PricewaterhouseCoopers Immigration Law LLP.


Posted by Melodie Hughes » No Comments »