Acquisition of U.S. Citizenship at Birth: Birth Abroad to a One U.S. Citizen Parent

Posted by Ife Ashabo|US Immigration
Nov 13
27


A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth provided the U.S. citizen parent was physically present in the United States, or one of its outlying possessions, for the time period required by the law applicable at the time of the child’s birth (See INA §301(g)).

For a child born abroad, in wedlock, to one U.S. citizen parent between December 24th, 1952 and November 13th, 1986 to have acquired U.S. citizenship at birth, the U.S. citizen parent must have been physically present in the United States, or one of its outlying possessions, for a period of ten years, five years of which must have been after the U.S. citizen parent’s fourteenth birthday (See INA §301(a)(7)[now §301(g)]; and 7 FAM 1133.2-2). Furthermore, a child who acquire U.S. citizenship is a citizen at the moment of birth and does not need a certificate of citizenship (See U.S. vs. Smith-Baltiher, 424 F.3d 913, 920-21(9th Cir. 2005)).

If you think you may have acquired U.S. citizenship at birth, contact our office at 1-800-993-9971 or pwcimmigrationlaw-info@ca.pwc.com


Posted by Ife Ashabo » No Comments »

Slow start for the Start Up Visa program

Posted by Vian Sulevani|Canada Immigration, Permanent residence
Nov 13
25


On November 21st at the Startup Canada’s Day on the Hill conference in Ottawa, the Minister of Citizenship and Immigration said that policy making and government doesn’t move at the speed of business.  This sentiment has been echoed by critics of the new Start Up Visa program.  The Start Up Visa program, introduced in April 2013, was meant to be a fast-track program for entrepreneurs.  However, this immigration process is dependent on first securing an investment from a designated venture capital group, angel or incubator.  To qualify for the visa, applicants must secure a minimum investment of $200,000 from one of the designated venture-capital funds, or a minimum investment of $75,000 from one of the angel-investor groups.  Recently added was the designated incubators and there is no set amount of investment required for the incubator stream.

The designated groups have all indicated that they are selective and looking for businesses that have something new to offer to the Canadian market.  So business may move fast, but finding the right start up business idea also takes time. Although the government cannot move at the pace of business, the speed of implementation for this innovative immigration program has certainly sparked world-wide interest in Canada by entrepreneurs.

For more information on this or any other Canadian or US immigration matters, please contact PricewaterhouseCoopers Immigration Law LLP – Immigration Lawyers at 1-800-993-9971 or pwcimmigrationlaw-info@ca.pwc.com.


Posted by Vian Sulevani » No Comments »

I am a Canadian citizen and I have an Indian three-year Bachelor degree, do I qualify for TN?

Nov 13
21


To qualify for many occupations under TN classification, one must have a Bachelor degree.

Since degrees issued by universities outside the United States, Canada, or Mexico must be accompanied by an academic equivalency evaluation, Indian degree holders will require an evaluation from a reliable credentials evaluation service.

While, it is problematic to obtain the evaluation of an Indian three-year Bachelor degree to a US university degree, it is not impossible, however, to evaluate such a degree to a Canadian three-year degree. Three-year baccalaureate degrees are common in colleges and universities throughout Canada and they meet the NAFTA requirements for the purpose of obtaining TN.

It should be noted that the NAFTA regulations do not specifically address the issue of three-year degrees. However, the former Operations Instruction (OI) 214.6 which guided The United States-Canada Free-Trade Agreement (the predecessor of NAFTA) stipulated: “There is no requirement that the baccalaureate be gained in a four-year academic program.”

For more information on this any other Canadian or US immigration matters, please contact PricewaterhouseCoopers Immigration Law LLP – Immigration Lawyers at 1-800-993-9971 or pwcimmigrationlaw-info@ca.pwc.com.

 


Posted by Viktor Loubentsov » 3 Comments »

U.S. Thanksgiving Day Holiday Travel

Nov 13
21


With the U.S. Thanksgiving Holiday coming up on Thursday, November 28, 2013 and many travelling to the U.S. to enjoy the festivities and the sales of “Black Friday”, visitors are reminded that they must have the appropriate travel documents to enter the U.S.

 Pursuant to the Western Hemisphere Travel Initiative, U.S. and Canadian citizens age 16 and over entering the U.S. by land or sea are reminded that they must have a valid, acceptable travel document, such as a passport, U.S. passport card, trusted traveler card (NEXUS, SENTRI, Global Entry or FAST/EXPRES), U.S. permanent resident card (“green card”) or enhanced driver’s license (denoting both identity and citizenship).  Air travelers must have a passport.

 Non-Canadian or U.S. citizens should be in possession of a valid visa to enter the U.S. unless they are a citizen of a Visa Waiver Program country whereby they are waived the visa requirement to visit the U.S. They must however register online with ESTA (Electronic System for Travel Authorization) at least 72 hours before their trip.

 Travelers are advised to give themselves plenty of time at border crossing as delays are expected given the increased volume.  Information on Border Wait Times for land crossing is available at: http://apps.cbp.gov/bwt/

For more information on U.S. or Canadian immigration, please contact our offices at 1-800-993-9971 or pwcimmigrationlaw-info@ca.pwc.com.


Posted by Mark Dey » No Comments »

The Conrad 30 Waiver Program: Overcoming the Two Year Home Residency Requirement as a J-1 Medical Resident

Posted by Ife Ashabo|US Immigration
Nov 13
19


The J-1 is a work authorization classification that, among other things, permits foreign medical graduates to participate in U.S. residency programs. Thus, Canadians who wish to participate in a U.S. medical residency program as a part of their graduate medical training will more often than not need to obtain a J-1.

It is important to note, however, that Canadians who complete a U.S. residency program while on a J-1 are subject to the “two-year home residency requirement”, a requirement that obligates the foreign medical resident to return to their country of nationality or permanent residence for an aggregate of at least two years upon completion of the residency program. Thus, Canadians subject to the “two-year home residency requirement” are prohibited from working in the U.S. for two years upon completion of their residency, which means they are not permitted to obtain employment as a physician in the United States upon completion of their U.S. medical residency program.

For Canadians participating in a U.S. medical residency program on a J-1 who intend on practicing medicine in the U.S. upon completion of their program, the “two-year home residency requirement” is a direct obstacle to their post-residency employment in the United States. Thus, applying for a J-1 waiver under the Conrad 30 Waiver program is often the only alternative for J-1 medical residents who wish to obtain post-residency employment in the United States.

This Conrad State 30 Waiver program is used to place J-1 medical graduates in Medically Underserved Areas (MUAs) and/or Health Professional Shortage Areas (HPSAs) in the United States.  Under the Conrad State 30 Waiver program, each state in the U.S. can waive the home residency requirement for up to 30 J-1 physicians each fiscal year. In exchange, the J-1 physician must agree to practice medicine on a full-time basis, and for a minimum of three years, in a health facility that is located in a MUA and/or a HPSA in the United States.

To learn more about the Conrad 30 Waiver program, feel free to contact our office at pwcimmigrationlaw-info@ca.pwc.com or 1-800-993-9971.


Posted by Ife Ashabo » No Comments »

Saskatchewan Immigrant Nominee Program Announces Changes for 2014

Nov 13
18


The Government of Saskatchewan has announced the Saskatchewan Immigrant Nominee Program (SINP) will be overhauled and streamlined in the New Year following feedback from immigration stakeholders.  The SINP allows the province of Saskatchewan to nominate foreign nationals to the Federal government for Canadian Permanent Residency.

Changes to the SINP will become effective January 2, 2014.  The program, which currently consists of nine immigration sub-categories, will see these sub-categories combined into three overarching categories, as follows:

  • International Skilled Worker;
  • Saskatchewan Experience; and
  • Entrepreneur and Farm

The most interesting change will be to the International Skilled Worker Category, which will accept 250 applications from applicants who do not have a job offer in Saskatchewan.  They will need to have an occupation on a designated list, meet language requirements, meet a points requirement and demonstrate financial settlement funds, similar to the Federal Skilled Worker Program. More details on the points system and application procedures, will be made available in December 2013.

Changes to the Saskatchewan Experience Category will only affect the Student sub-category.  The Post Graduation Work Permit and Master’s and PhD Graduate sub-categories will be combined to create one general Students sub-category.  Graduates from a Saskatchewan school must have a skilled job offer in the province that is relevant to their education, or a job offer requiring a post-secondary education. They must work in the province for 6 months before applying; and Graduates from a school outside of Saskatchewan must have a skilled job offer in the province that is relevant to their education, and must work in Saskatchewan for two years before applying.

By overhauling its program, the SINP has the opportunity to position itself as one of the most progressive and responsive Provincial Nominee Programs (PNPs).  Saskatchewan is fighting hard to attract Canada’s most promising new immigrants.

For more information on this or any other Canadian or US immigration matters, please contact PricewaterhouseCoopers Immigration Law LLP – Immigration Lawyers at 1-800-993-9971 or pwcimmigrationlaw-info@ca.pwc.com.


Posted by Vian Sulevani » No Comments »

CITIZENS OF THE CZECH REPUBLIC NOW VISA-EXEMPT – Effective November 14, 2013

Posted by Melodie Hughes|Canada Immigration
Nov 13
14


On November 14, 2013, Canadian Citizenship and Immigration Minister Chris Alexander announced that effective immediately citizens of the Czech Republic will no longer be required to obtain a temporary resident visa before travelling to Canada.

This announcement comes four years after the Canadian government had imposed the requirement in July 2009 for all Czech nationals to obtain visas prior to entering Canada for any purpose. Since 2009, individuals have been required to undergo additional measures to obtain a temporary resident visa before travelling to Canada, including filling out an additional application form detailing their education, employment background, and family history – a form that is not typically required for citizens of other countries.

Now, as visa-exempt nationals, citizens of the Czech Republic may travel to Canada without first applying for a visa from the Canadian Embassy or Consulate. Upon arrival in Canada, immigration officials at the port of entry will determine eligibility to enter and determine how long the applicant may remain in Canada. Visitors who do not require a visa may stay for a maximum of six months in Canada, unless advised otherwise.

This comes as welcome news to citizens of the Czech Republic seeking to travel for tourism, as well as to companies seeking to hire or relocate Czech citizen employees to Canada in a short timeframe. As temporary resident visas no longer need to be obtained, these employees should be able to apply for their work permit directly at the border or airport upon arrival in Canada for stays of less than 6 months.

By law, all visitors to Canada require a temporary resident visa, except citizens of countries where an exemption has been granted. For more information on how this will impact you and visa requirements for other countries, contact PricewaterhouseCoopers Immigration Law LLP!


Posted by Melodie Hughes » No Comments »

Obtaining a Work Permit as the Spouse of an E-2 Visa-Holder

Posted by Ife Ashabo|US Immigration
Nov 13
12


Canadian citizens who make a substantial investment in a U.S. business may qualify for what is called an E-2 treaty investor visa. To qualify for an E-2 visa, a Canadian must intend to work as a manager, executive, or essential employee of the U.S. business that receives the investment. There is no regulatory requirement in terms of what constitutes a substantial investment, but our office typically recommends that the investment be at least $100,000 to $200,000.

E-2 investments usually come in the form of purchasing an existing business or starting a new business enterprise in the United States.  For example, Canadians looking to purchase franchise businesses in the U.S. often rely on the E-2 visa.

The spouse of an E-2 visa-holder is eligible for a “spouse-based” E-2 visa (i.e. a visa that is given to a spouse based on the fact that he/she is married to an E-2 visa-holder). Do note, however, that the spouse’s E-2 visa does not authorize the spouse to work for the U.S. company (not until an EAD is obtained, which is explained below).

Once the spouse obtains his/her E-2 visa, the spouse can apply for an Employment Authorization Document  (EAD). Once the spouse obtains his/her EAD, the spouse may work in the United States. With the EAD, the spouse can work for the E-2 business, a third-party business, or even both. In fact, the spouse can even start his/her own business once s/he obtains the EAD.

To learn more about obtaining an E-2 visa, or an EAD as the spouse of a principal E-2 visa applicant, feel free to contact our office at 1-800-993-9971 or pwcimmigrationlaw-info@ca.pwc.com.


Posted by Ife Ashabo » No Comments »