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IS IT EASY FOR CANADIANS TO LIVE AND WORK IN THE UNITED STATES?

BestImmigrationLawyer.com — Mon, 03 Jul 2023 12:21:30 GMT

At BestImmigrationLawyer.com, we often get inquiries from Canadian citizens wanting to know if they can get a visa that will allow them to live and work in the United States on a full-time basis. The answer to that question is “yes.”

The easiest way for Canadians to live and work in the United States is through the E-2 Treaty Investor visa. The E-2 visa is a non-immigrant visa that allows an individual from a treaty country (a country with which the U.S. maintains a treaty of commerce and navigation) to be admitted to the U.S. when they are investing a substantial amount of capital in a U.S. business.

Here’s what it takes to qualify for an E-2 visa:

1. The investor must be a national of a treaty country. Canada is a qualifying country.

2. The investment must be substantial and the investment funds or assets committed must be irrevocable. The investment must be sufficient to ensure the successful operation of the enterprise. While the government does not identify an exact amount that must be invested, $100,000 (US) or more will be sufficient.

3. The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. An organization that exists on paper only or which is speculative and/or an idle investment does not qualify.

4. The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity.

It’s important to understand that an E-2 visa does not directly lead to a green card or U.S. citizenship. Instead, it only allows temporary residency that can be renewed indefinitely, as long as the investment business is maintained.

Bear in mind, the laws and regulations about immigration can change, so it’s best to consult with a legal professional or check with the most recent updates from the U.S. Department of State or the U.S. Citizenship and Immigration Services (USCIS) to get the most accurate and current information.

At BestImmigrationLawyer.com, our firm has helped numerous people successfully navigate American immigration laws. If you’re looking for a good immigration attorney to help you or a loved one, give us a call today or contact us through this website and let us help secure your future.

WHAT IS A U VISA?

BestImmigrationLawyer.com — Sun, 12 Feb 2023 04:52:45 GMT

A “U” visa is a nonimmigrant visa available to victims of certain crimes (e.g. rape, assault, attempted murder, armed robbery, kidnapping, involuntary servitude, domestic violence, stalking) who have suffered substantial mental or physical abuse. The crime (which must have occurred in the United States or in violation of U.S. laws) must be serious and generally violent in nature. Further, to be eligible for a U visa, a victim of a crime must be willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. The U visa was created by the United States Congress as part of the Victims of Trafficking and Violence Protection Act (VTVPA) in 2000 to encourage victims to report crimes without fear of deportation and to strengthen the ability of law enforcement agencies to investigate and prosecute certain criminal cases.

To be eligible for a U visa, an individual must:

1. Be a victim of a qualifying criminal activity that occurred in the United States or in violation of U.S. laws. 2. Have suffered substantial mental or physical abuse as a result of the crime. 3. Possess information about the criminal activity. 4. Be helpful, have been helpful, or be likely to be helpful to law enforcement or government officials in the investigation or prosecution of the crime. 5. Be admissible to the United States or obtain a waiver of inadmissibility.

The U visa provides several benefits to the recipients. Among such benefits is temporary legal status in the United States for up to four years, eligibility for work authorization, and the possibility of applying for permanent residency (green card) after three years of continuous presence in the U.S. The number of U visas granted each year is capped at 10,000. However, eligible family members of the principal applicant, such as spouses, children, and in some cases, parents and siblings, may also be eligible for derivative U visas.

Obtaining a U visa is neither an overnight or automatic process. In fact, it can take many years. The most recent statistics indicate that it can take the United States Citizenship and Immigration Services (USCIS) agency up to 4 years to process a U visa. However, the good news is that a U visa applicant can remain in the United States while the visa is being processed and obtain permission to work. Of course, during that period of time, the immigrant/applicant must fully cooperate with law enforcement.

One of the most significant benefits of obtaining a U visa is that it can lead to a green card which in turn can lead to United States citizenship. In order to be eligible for a green card following receipt of a U visa, an applicant must be (1) physically present in the United States for a continuous period of 3 years since the first date of admission as a U visa nonimmigrant, (2) must have fully cooperated with law enforcement, (3) is not otherwise inadmissible under immigration laws and (4) the applicant’s presence in the United States is justified on humanitarian grounds. If all these factors can be satisfied, a U visa holder can apply for and receive a green card or Lawful Permanent Status.

The process for obtaining a U visa is straightforward but at the same time complicated. There are a number of forms that must be completed, such as Form I-918B, which requires an accompanying certification from a law enforcement agency attesting to the applicant’s helpfulness in the investigation and/or prosecution of the crime. Because of the nature of the process, including having to work closely with law enforcement, it is important to have an attorney experienced in U visas to avoid any complications or issues.

At BestImmigrationLaywer.com, our team of professionals is well-versed in the U visa process and can help you obtain the benefits you and your family deserve. Call us today or get in touch through this website and let us help you get justice.

What’s The Difference Between A Green Card And A Visa?

BestImmigrationLawyer.com — Mon, 09 May 2022 21:00:55 GMT

What’s The Difference Between A Green Card And A Visa?

This a question that gets asked often and is based upon a certain amount of confusion. The starting point for alleviating the confusion and understanding the key differences between a green card and a visa is understanding that the entire American immigration system is based upon only two categories of persons: immigrants and non-immigrants.

What Is A Visa And Who Can Get One?

A visa, as the term is often used, generally means temporary permission issued to a non-immigrant allowing the person to enter and remain in the United States for a limited period of time with the expectation that the non-immigrant will return to his or her home country prior to the expiration of the visa. For example, students who come to the United States to study, businesspersons who come to transact business for a short period and tourists are all non-immigrants that receive visas. Visas are generally issued at United States Embassies overseas which are part of the United States Department of State.

What Is A Green Card And Who Can Get One?

On the other hand, a person who wants to live in the United States on a permanent basis is given an immigrant visa. Once a person has an immigrant visa, he or she can seek permanent residency in the US by getting a permanent residency card or “green card” issued by the Department of Homeland Security. The card derives its name from the fact that, historically, it’s been green in color. Hence, it came to be known informally as the “green card.” Once an individual is issued an immigrant visa, they can travel to the United States and then apply for a green card. The following persons can apply for a visa and green card at the same time:

People with immediate relatives who are US citizens living in the US
Most people applying for employment-based immigration
An abused spouse or child if the abuser is a US citizen
Special immigrant juveniles

There are two types of green cards:

A conditional resident card (conditional “green card”) lasts for two years and is for foreign investors or spouses of an American citizen who got married less than two years before you received permanent resident status or came to the U.S. on your immigrant visa. A person can’t renew a conditional green card — you have to prove, within 90 days of the card expiring, that you have met the conditions necessary to get a permanent resident card. If you don’t prove this before the card expires, you will no longer have lawful resident status in the United States.
A permanent resident card(permanent “green card”) lasts for 10 years. You’ll need to get a new card every 10 years and can submit the paperwork as early as six months before your green card expires. If you let your card expire, your status doesn’t change (so you’re still a permanent resident and won’t be sent home!) but you are breaking the law, because permanent residents are required to carry a valid green card at all times.

Understanding the difference between a visa and a green card requires understanding the difference in categories of persons divided between immigrants and non-immigrants.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories.

Can You Sue USCIS If Your Immigration Petition is Taking TOO LONG?

BestImmigrationLawyer.com — Thu, 07 Apr 2022 23:36:51 GMT

CAN YOU SUE USCIS IF YOUR IMMIGRATION PETITION IS TAKING TOO LONG?

The short answer is “yes.”

Can You Sue USCIS If Your Immigration Petition is Taking TOO LONG

One of the most frustrating aspects of dealing with the immigration system can be long delays. The uncertainty of not knowing what the future holds is stressful enough. Adding to that stress can be the long delays often encountered in dealing with a bureaucracy that moves at its own speed.

The good news is that there are legal remedies that can help provide relief. A person can file a Writ of Mandamus which is basically a request to have a federal judge order the government to act and carry out its duty. A number of immigrants and the advocacy groups that help them have increasingly turned to this mechanism to force the United States Citizenship and Immigration Service (USCIS) to act faster.

Anyone that has an immigration application pending for an unreasonable amount of time can file a federal lawsuit. The key is showing that the applicant has “standing” to sue, is suffering harm and the government is taking an unreasonably long time to carry out its duties to act. Many immigrants fear suing the USCIS believing they may anger government officials who, in turn, could retaliate by denying their application. While this is a very legitimate and understandable fear, BestImmigrationLawyer.com has found that generally this rarely happens. Why? Because government officials are rarely emotionally invested in rejecting an application. In the majority of cases, the delays are due to bureaucratic circumstances beyond the government official’s control. The vast majority of government workers are good people doing their best to do a difficult job with limited resources. They understand the stakes are high for most immigrants and that sometimes legal action is necessary to move things along.

Once you decide that a lawsuit is necessary, it is extremely important to have a lawyer that understands how to initiate the suit and properly set forth the facts in a manner that will bring success. At BestImmigrationLawyer.com we have a track record of success of getting the USCIS to act favorably for our clients. We know how to present the evidence and facts in a light that will impress a federal judge to appreciate the significance of what is at stake for our clients. In prior cases, we have achieved success by simply filing the lawsuit without having to do more because USCIS then immediately acted upon our client’s immigration petition.

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The P VISA and who it admits.

BestImmigrationLawyer.com — Sat, 19 Mar 2022 23:35:32 GMT

The P Visa Admits Athletes, Artists And Entertainers

The Immigration Act of 1990 added the “P” class of visa to the Immigration and Nationality Act (INA). The “P Visa” is a non-immigrant, limited duration visa that allows persons with high-profile international careers in sports and the arts or entertainment to compete or perform in the US.

Persons who wish to apply for a P Visa must meet certain qualifications to establish their level of international acclaim and, if approved, are then able to apply for the appropriate P Visa.

Persons traveling to the US on a P Visa may bring certain family members and other specified support personnel. The duration of a P Visa coincides with the activity or event that the P Visa holder has come to the US to participate in.

There Are Different Types of “P Visas”

There are 4 types of P Visas:

P-1 Visa – P-1 Visas are for athletes or entertainment groups.

P-1A – Internationally recognized athletes
P-1B – Internationally recognized entertainment groups

P-2 Visa – P-2 Visas are for performers who will perform in the US pursuant to a reciprocal exchange agreement between a US organization and an organization in another country.

P-3 Visa – P-3 Visas admit artists and entertainers who come to the US to participate in events where they share their unique culture so others can better understand and appreciate it.

P-4 Visa – P-4 Visas allow the non-immigrant spouse and children under 21 of P Visa holders to accompany them for the duration of their stay.

Qualifications Necessary to Obtain A “P Visa”

The P Visas allow people who have internationally recognized talents or something considered valuable to share to come to the US and participate in events that showcase their abilities. The qualifications for obtaining a P Visa are about demonstrating international celebrity and providing the appropriate credentials. US Customs and Immigration Services (USCIS) lists the detailed eligibility requirements for each type of P-Visa on its website.

Privileges Granted With A “P Visa”

P-1, P-2, and P-3 Visa holders are able to:

work for the sponsor of their visa until the event, show, performance is complete
travel in and out of the US
get extra time for vacation and to participate in promotional activities
apply for permanent residency
be accompanied by ‘essential support’ persons who receive the same visa status
bring their spouse and children under 21 with P-4 Visas
have spouses and children attend schools and colleges

Limitations Of A “P Visa”

P Visas are intended to grant temporary residence in the US and those who obtain P Visas must demonstrate that they intend to leave the US when their performance or event has ended.
Spouses and children are not allowed to work with a P-4 Visa and must apply for a separate work visa.
A new P-Visa must be issued when a P-Visa holder changes employer, sponsor or agent.
Initial periods of stay are no longer than 1 year except for P-1A individual athletes.

Length Of A “P Visa”

Most P-Visas, including those issued for support personnel, are issued for an initial period of up to 1 year or until the particular event, competition or performance is completed. Extensions of stay can be granted in increments of up to one year as necessary.

P-1A Visas for individual athletes are the only P-Visas that can be granted for an initial period of up to 5 years. They can be extended for one additional period of up to 5 years but the total stay is limited to 10 years.

Applying For A “P Visa”

To be an applicant for a P-Visa you must have a US employer, sponsor or agent. Your sponsor will file a Form I-529, Petition of Nonimmigrant Worker, on your behalf along with the appropriate fee and supporting documentation.

The documentation that must be provided with your application includes the following:

report from a labor organization describing the work you will perform and your qualifications (unless there is no labor organization)
employment contracts
description and itinerary of the events you will be participating in
additional documentation specific to the type of P-Visa you are applying for

If you need a P-Visa it’s best to get your application in as soon as possible. Processing times for a P-Visa can take between 3 to 6 months. Premium processing for an additional fee is supposed to get you an answer about your application within 15 days of submission – but that’s not guaranteed.

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