Gaining Entry Into Canada Post Being Refused the Privilege

Not being able to gain entry into Canada, courtesy being denied the privilege, is certainly not something to really feel happy about, or to go to town with. It may be really rather discomforting, and the entire arrangement one may earlier have nursed about the Maple Country - whether he was visiting a member of the family, going on a wonderful holiday, or participating in a crucial meeting - will be efficiently annulled even as he will have to turn around only to return back dejected.

However, only because a person has been refused admission to the country doesn't actually mean that he has no choices whatsoever left, or is short on luck. Still, at first, it's a good idea to find out why his submission for entrance into Canada failed to receive favorable response from the concerned authorities.

Factors behind entrance refusal to Canada

There could be a plethora of compelling reasons behind the entrance refusal. Undoubtedly, it's the responsibility of the nation's concerned agency to keep the Maple Country and its people fully safe and secure.

Those found violating the immigration law of the land, those found to have offered wrong facts about themselves; those having a prohibited family member; those with not-too-good, or in other words, criminal backgrounds; those having health issues, which may lead to extreme demand on the nation's social or health facilities; and those who are unstable, money-wise, may be denied admission to the country.

Still, at certain times, Ottawa could go overboard, and be a little over enthusiastic in the matters of keeping some individuals out of the territorial limits of the nation, even while those people, who may present entirely no danger whatsoever, may get unnecessarily stuck and find themselves at the receiving end.

What to do when one is refused entrance to Canada

In a situation wherein a person is refused admission to Canada --thanks to a criminal background and a criminal judgment, which may have been given more than 5 years back-the involved person could suitably present a submission for criminal rehabilitation at his local Canadian embassy.

He could also file a petition for a temporary resident permit even as the same will enable him to gain entry into Canada, notwithstanding the fact that he may have been prohibited otherwise. Although the travelers to the Maple Country--from the nations which necessitate permits to arrive in Canada also duly apply for the same--in case one happens to be a guest from a visa-free nation, he could require the same in case he is prohibited.

It must be observed that both the petitions being rather difficult time and again are not entertained only to be reused. They could be one's sole chance at being permitted to arrive in Canada, even while it's really a nice proposal to get in touch with a registered immigration attorney in advance to successfully navigate through such choppy waters (situations).

No Permanent Resident Visas for STEM Graduates in the United States

A Republican bill that would put an end to the Green Card lottery program, failed in the US House of Representatives. According to this bill all the 55,000 visas that are granted through the DV lottery program will be granted to foreign nationals who graduate in the US universities in STEM fields. Such skilled graduates with advanced degrees will be granted permanent resident visas. But that bill failed in the US House of Representatives.

The bill introduced by the Republican of Texas, Representative Lamar Smith, would have obviated the Green Card lottery program. Instead of granting 55,000 diversity immigrant visas to people from different eligible countries this bill would have granted those visas to STEM graduates. People who complete their advanced degrees in American universities in Science, Technology, Engineering and Mathematics fields would have received Green Cards through this bill. The lottery program currently grants those visas to foreign nationals who are citizens of underrepresented countries.

Congressional Republicans want to prove that they are ready to fix the immigration system, before the Presidential elections in November. The Democrats strongly opposed the elimination of the DV lottery as they say that the elimination of the lottery program will reduce the immigration rates. However, both the Republicans and the Democrats agree that highly skilled STEM graduates must be kept in the country so that they can start working or they can start their own businesses after completing their degrees.

After the vote, Mr. Smith said that the bill will help the United States to create jobs. Most foreign graduates are good innovators and by keeping them in the country, America's competitiveness will increase. He also added that the votes of the Democrats would send the innovative foreign graduates to the competitors of America and he said that the votes of the democrats are against job creation and the economic growth of the country.

Representative Zoe Lofgren of California, proposed a similar bill that would grant permanent resident visas to STEM graduates without abolishing the DV lottery program. Representative John Conyers Jr. of Michigan, said that they oppose this bill that would replace an existing legal immigration program. Democrats do not want to abolish the Green Card lottery because many individuals who immigrate to the United States through this program are natives of Africa and other small Asian countries.

Republicans said that the lottery program is open to fraud and is likely to create security risks. That is because terrorists may also use this lottery program to become permanent residents of the United States. This Republican bill was supported by the technology and business groups. Major employers, such as Adobe, Apple, Microsoft and Oracle, sent letters supporting the bill that would provide new visas to skilled workers. At present foreign STEM graduates who complete their advanced degrees have to leave the country and some of them remain in the country on temporary visas. This bill would have helped such skilled STEM graduates but the bill failed as it will eliminate DV lottery program.

Deferred Action for Childhood Arrivals Presents Opportunity and Risk

On June 15, 2012, the Obama Administration announced that it would implement a new program to grant deferred action to undocumented aliens who were brought to the United States at a young age. This action came about one year after U.S. Immigration and Customs Enforcement (ICE) announced that it would concentrate its enforcement resources mostly on cases involving criminal issues. ICE published criteria that the agency would use to determine whether to exercise prosecutorial discretion to close cases already pending in immigration court. Together, these actions signaled a greater tolerance for aliens who were present in the United States in violation of immigration law, but who did not pose a danger to the public or to national security.

Two months after the Administration announced its deferred action program, called Deferred Action for Childhood Arrivals or DACA, it promulgated guidelines on how an undocumented alien could apply for the benefit. U.S. Citizenship and Immigration Services (USCIS) also published the criteria that it would use in deciding whether to grant deferred action. Through the guidelines, USCIS provided detailed instructions on the documentation necessary to apply, and explained how it planned to use the information submitted.

Deferred Action

Deferred action is itself simply a promise by the U.S. Government that, although an alien is present in the United States illegally, it would not seek the removal or deportation of that alien. It is an exercise of executive discretion. That is, as the chief law enforcement officer, the President has the authority to decide which cases get brought to immigration court for removal, and which cases will not. It is much like the discretion a police officer has in deciding whether or not to arrest a person even when the officer has seen that person break the law.

Executive Discretion

Above all, it must be remembered that deferred action is based on an act of executive discretion. It is not based on law. That means that it is not a grant of legal immigration status. It is not a path to permanent residency or citizenship. Under the law, a person who has been granted deferred action can be granted the authority to work in the United States. But, it is not a permanent solution to the problem of illegal status.

Eligibility Criteria

To qualify for the DACA program, an undocumented alien must meet certain criteria. They are: (1) the alien must be under the age of 31 as of June 15, 2012; (2) the alien must have been brought to the United States before his or her 16th birthday; (3) the alien must have continuously resided in the United States since June 15, 2007 up to the present; (4) the alien must have been physically present in the United States on June 15, 2012; (5) the alien must have entered without inspection before June 15, 2012, or had his or her lawful immigration status expired as of June 15, 2012; (6) the alien must currently be in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and (7) the alien must not have been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and not otherwise pose a threat to national security or public safety.

Application Process

To apply, the alien must submit an application on form I-821D, an application for work authorization on form I-765, a worksheet disclosing income and expenses to determine if work authorization is necessary on form I-765WS, and a filing fee of $465. As part of the process, the Government will take fingerprints and perform a background check.

Through its Frequently Asked Questions, USCIS promises that it will not turn over the information gathered through the application to ICE to begin removal proceedings, unless the application shows serious criminal activity, fraud or that the applicant poses a threat to national security.

Some Are Reluctant to Apply

Although the program promises significant benefits to those who qualify (a promise not to be deported, and possible work authorization), early reports have been that many aliens who meet the criteria are reluctant to apply. Many recognize that this is not a permanent solution to their situation, and are distrustful of the Administration's promises not to use the information for deportation.

Uncertain Future

Such concerns are indeed well-founded. As mentioned, deferred action is a grant of executive discretion. It is not law. Therefore, it creates no rights or privileges. Indeed, USCIS itself, on its Frequently Asked Questions page, states that it could change its promise not to use the information submitted for enforcement purposes at any time, and without prior warning.

Consideration must also be given to the fact that this is a presidential election year. Even if the Obama Administration is committed to the program, the race appears close. This could mean that the country will have a new president in January. The new president would not be bound to follow the policy choices of the Obama Administration with respect to the DACA program.

To that end, Republican presidential candidate Mitt Romney has announced that he would not seek the deportation of undocumented aliens who have been granted deferred action under the DACA program. On the other hand, he would not continue with the DACA program in his administration.

This announcement creates somewhat of an incentive for undocumented aliens to apply for deferred action now. If the benefit is granted before President Obama leaves office, then they can hold Romney to his promise. But, if an undocumented alien waits, and Romney does become president, then that alien could lose this opportunity to obtain the promise of not being removed along with work authorization. Indeed, it has been reported that Romney's position on immigration issues has already prompted some undocumented aliens to apply for deferred action now.

This leaves many undocumented aliens with the decision of whether to apply for deferred action, or wait for some more permanent form of immigration reform. Whether to apply is a decision that should be made only after considering the risks and weighing the potential benefits.

Criminal Records Must be Given Careful Consideration

For example, those with criminal records should give very careful consideration before applying. USCIS has stated that those with a felony conviction, a conviction for a significant misdemeanor, or three convictions for any other misdemeanors will not qualify. The Frequently Asked Questions gives detailed guidance on what exactly constitutes a significant misdemeanor. If an alien applies, and has not given full consideration to his or her criminal record, then USCIS may very well refer that alien to ICE for removal proceedings.

Risks and Potential Benefits Should be Weighed Before Applying

In the end, the question will be whether the promise of the legal ability to accept employment in the United States outweighs the risks posed by calling attention to one's self and one's illegal immigration status. Such a determination is personal in nature, and ought to be made after seeking competent legal advice.

Obtaining Evidence of US Citizenship

If you have a legitimate claim to US citizenship, in order to establish that claim you need to submit an application for some type of citizen document. If your birth took place outside the territorial US and you acquired US citizenship at birth from your parents or derived it through your parent's naturalization, the following documents will be recognized as proof of US citizenship.

- US Passports - Certificates of Citizenship

US Passports If you were born abroad to US citizen parents, you can apply for a US passport in the same manner as someone born in the United States. However, you will have the additional requirement of establishing your citizenship claim. Passports are available from passport offices in the US (run by the US department of state) and at the US consulates outside the US. Wherever you are applying, you will be instructed to present proof of your parents US citizenship and evidence that they, and you, complied with any applicable US residency requirements. You will need to present documents such as birth or citizenship records of your parents or grandparents and work or tax records establishing US residency for your parents or grandparents.

Certificates of Citizenship

Certificates of citizenship are issued only inside the US by USCIS offices. Anyone with a claim to US citizenship can apply for a certificate of citizenship. In most cases it is harder and takes considerably longer to get a certificate of citizenship in comparison to a US passport. However, in situations where your US citizenship was acquired automatically through the naturalization of a parent, certificate of citizen applications are the best choice. Actually, the moment a parent is naturalized, the children can, upon the parents demand be issued certificates of citizenship simultaneously with their naturalization certificates.

Certificates of citizenship not requested simultaneously with a parent's naturalization can be applied for later, on form N-600. Form N-600k must be used for children living outside the US who apply for citizenship through their parents. The current fee for both the N-600 and the N-600k is $600 dollars. Copies of these forms and detailed instructions are available on the USCIS website.

I recommend that you also prepare a cover letter explaining the basis of your claim to US citizenship and describing the documents you are offering as proof. These ought to include your parent's birth certificates, marriage certificate, and any divorce decrees to show legal changes in your name since birth. If you are not applying as the child of a naturalized citizen, your letter should also list whatever evidence you will be presenting to show that you have met any residency requirements.

Form N-600, the documents, and the cover letter should be submitted to the USCIS office having jurisdiction over your place of residence in the US, as indicated on the USCIS website. If you're filing form N-600k, you can choose to send it to any USCIS field office. You will more than likely be called in for an interview on your application. In the busier USCIS offices, it can take up to a year to get a decision on an application for a certificate of citizenship.

Citizenship and Immigration in Canada: Thoughts to Ponder

Aside from having a democratic government, beautiful sceneries, and economic stability, Canada is a diversified country that is also home to millions of immigrants. Many ethnic and religious groups such as French, Scottish, Irish, Germans, Italians, Chinese, aborigines, Dutch, and Asians have lived and worked in the country since 1970.

Steps to Becoming a Canadian Citizen

For more than 400 years, settlers and immigrants have played a vital role in the continued success and richness of the country. Although acquiring citizenship and immigration in Canada is a tedious process, the country takes pride in providing boundless opportunities to its people. As with other countries, Canadian men and women have equal rights and responsibilities. It does not tolerate "barbaric" cultural practices, spousal abuse, honour killings, forced marriage, and other gender-biased violence. Those who are guilty of such crimes will be punished under the country's criminal laws. Thus, rights and privileges come with responsibilities such as:

The Law - Its founding principle is "no person or group is above the law." Each citizen is expected to obey rules and policies that are regulated by the law and not by arbitrary actions.

Responsibility - It is equally important that each citizen understands his/her responsibilities. This includes having a job and taking care of one's family, which contributes to personal dignity, self-respect, and the country's prosperity.

Jury Service - Each citizen takes part in ensuring that law and justice are properly implemented. Thus, serving on a jury when called to do so, is a significant role and a privilege for the justice system work effectively.

Voting - The country's electoral system is based on a parliamentary system of government. All citizens have the right to choose their representatives and will be informed by the chief electoral officer about individual rights and processes involved ensuring that voting will be easy. Thus, public information is announced through news releases, advertisements, toll-free telephone inquiries, websites, and community meetings.

Community Involvement - Another significant role that comes with citizenship and immigration in Canada is volunteerism. Helping each other in the community is an excellent way to develop useful skills, values, and character to promote common good and quality life.

Protecting the Heritage - Canada is one of the few countries in the world that is well known for its magnificent sceneries and wildlife. The government, as well as the citizens, plays a vital role in protecting and preserving natural resources and cultural heritage. Thus, Environment Canada, one of the three federal departments, fulfills its mandate by conserving and protecting at-risk species and wildlife habitats.

There are approximately 160,000 who become Canadian citizens every year. To be eligible for citizenship and immigration in Canada, an applicant must meet the following requirements:

At least 18 years old;

Adoptive parent or legal guardian may apply for his/her child or children;

Child/children must be a permanent resident but has/have not necessarily lived in the country for three years;

Parent/adoptive parent must be a Canadian citizen or applying to be one;

Have adequate knowledge of the two official languages (English and French);

Not convicted of a criminal offence under the Citizenship Act within three years prior to application, on parole or probation, or have been convicted of a war crime or crime against humanity; and

Have an understanding of the country's history, values, and institutions.

Immigration Lawyers and the Types of Visas Available

With so many visas available, immigration lawyers are often needed to help people choose the right option. Applying for the incorrect visa can delay a visit and in some cases, jeopardize a person's ability to reapply in a timely fashion. Visas fall into four categories including individuals that want to visit, study, work or immigrate into the United States. Regardless of the application, individuals can benefit from information and assistance with the process.

Visiting the United States

There are two main types of visitors to the United States. If a person is coming over temporarily for business, he or she will need the B-1 option. If a person is coming over for tourist purposes or to receive medical treatment, he or she will need the B-2 option. In some instances, there is a visa waver program that people can choose to participate in provided that they are coming from certain eligible countries. While these situations seem like they should be simple, immigration lawyers can still be helpful in arranging the paperwork and helping someone provide the appropriate documentation.

Studying in the United States

Students looking to apply to schools within the United States often want to arrange for their student visas well in advance, often with the help of immigration lawyers. Some students are part of an exchange program while others are just looking to come over individually. Either way, students looking to participate in higher education, including vocational opportunities, require the F or M visa. Students that want to attend high school must use the F-1 option.

Working in the United States

Workers coming to the US temporarily must decide which of the many visas they need in order to be admitted into the country. Because of the variety and the specifications of each one, immigration lawyers often work with individuals to make sure that he or she has chosen the right option. In some cases, employers will help with this process to ensure that someone makes it over for a specific assignment.

Immigrating to the United States

Individuals or families looking to come over to the United States permanently will need to go through a special process. This tends to be more complicated and often requires immigration attorneys to ensure that things go smoothly. In some cases an individual may already be living in the country and want to transition from temporary resident to permanent resident. In these situations, it is increasingly important that potential applicants take advantage of legal counsel and advice. For most people making this transition, this is one of the most important decisions they will ever make in their lives.