The routes to applying for a Canadian immigration visa are different for the various folks who are applying. You will want to search at the application kind to see what objects are needed prior to you fill out the form. Once you have looked by means of these objects you can use the extra info which is provided on the web. This supply of information will let you know what the present principles for immigration are like.

One of the objects that you will locate is that the government of Canada will allow you to register your programs for two various forms of residency standing. This signifies that you can apply to be a long term resident of Canada although you are nevertheless on a short-term status form. This is identified as dual intent.

Now if you are planning on visiting Canada on a operate allow you need to understand that you will not be regarded as a resident. You ought to make sure that you have the various facts which are necessary for your application to be handed. The Canada immigration workplace can supply you with these facts.

For other folks they have the proper to apply for the immigration visa. Here you will be permitted to reside everywhere in Canada. While you are not regarded as as a citizen you will still have several of these rights and the duties which are component of this proper.

When you use for a Canada immigration visa you will require to submit all of the details that you are asked for. Additionally you will need to realize that if you falsify any of these facts or you refuse to offer the documents that you are asked then not only will you be refused admittance into the country but not be permitted to re-apply for immigration into Canada.

Whilst these laws may sound tough they are place in place to supply genuine travelers who want to reside in Canada and have a great lifestyle the likelihood that they want. Once you have handed via on all elements of your Canada immigration you are prepared to live or visit anyplace in Canada that you want.

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There are a limited number of ways to immigrate to the United States. The most common way is through a family category. The second most common way is through employment.

One of the most common paths to residency that does not involve immigrating through a family member is from student to OPT to H1B to permanent resident. It is important to understand that employment based permanent residency is for a job in the future. In other words, this is a prospective position. This means that there are cases where an employee may work for other employers while a different employer petitions for their residency.

There are a variety of different employment categories under which a person may seek residency. Briefly they include:

1st: Priority workers – Aliens with extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; multinational executives and managers.

2nd: Members of professions holding advanced degrees or aliens of exceptional ability.

3rd: Professionals, skilled, and other workers.

4th: Special immigrants.

By far the most common categories utilized by intending immigrants are the second and third preference categories. With limited exceptions the employer will have to test the U.S. job market to show the U.S. Department of Labor that there are no qualified U.S. workers available for the position in the geographic area of employment. A U.S. worker is defined as a U.S. citizen or lawful permanent resident. Individuals on non-immigrant visas are not considered “U.S. workers” for the purposes of the test of the labor market.

The employer will have to run ads in a variety of media such as newspapers, journals, internet job sites, state job banks, etc. These ads have a limited shelf life and, assuming that no qualified U.S. worker comes forward, the employer will have to file a request for labor certification with the U.S. Department of Labor in under 180 days from the date the first ad was placed or the employer will have to run the ad again if it is needed to satisfy their burden under the law.

Once the labor certification is filed the U.S. Department of Labor will certify the case, deny the case, or audit the case to make sure that all the appropriate steps were followed.

Assuming the case is certified the employee can begin the immigrant visa process with the U.S. Citizenship and Immigration Services. This is where the category of employment is important. The availability of visas for each category fluctuates and the U.S. State Department Visa Bulletin must be reviewed to determine the appropriate path for the next step.

If the visa category is current (indicated with a “C”) then the employee can file the I-140 visa petition and I-485 residency petition simultaneously. A work card application (I-765) and travel permission request (I-131) can accompany the I-485.

If the visa category is not current, showing a date rather than a “C”, then only the I-140 can be filed. The filing of the I-140 does not grant the beneficiary any status and no work card is available. Unless the prospective employee has independent basis for staying in the United States (e.g. an OPT or H1B) they may have to leave until their immigrant petition is approved and a visa number becomes available.

Fortunately, at least for those individuals on H1B visas (a very common scenario), the H1B visa can be extended beyond the normal 6 year limit if the labor certification was filed more than a year before the end of their 6th year. The H1B visa can be extended indefinitely until the labor certification and immigrant visa petition process is complete. Unfortunately this is a process which can take many years.

The future of the people that try to do this illegally is very grim. The US is the most likely target and their means to discover illegal immigrants are getting better every year. Why would you risk being submitted to a very unpleasant process like being arrested, deported or who knows what else? There is a better way to do this and stay there for as long as you can.

The legal way for this is by taking an immigration test. This option is available for everyone, but you should keep watch for anyone who is pretending to help you, when in fact they are only after your money. The best place to start looking for information about an immigration test is the internet. For this keep in mind a very easy to remember address: immigrationtest.org.

This immigration test website will provide the answers you need regarding immigration laws, visas or other related subjects. The help you receive through this website is being watched over by Sonia Munoz. She is the president of an immigration specialized law firm. They have handled countless immigrations in the US and internationally. Their goal is to protect the rights of immigrants.

In order to keep the media as up to date as possible regarding the most recent immigration events, they post question and answer columns in a lot of publications throughout the nation. Apart from processing a huge number of visas, their job goes as far as prosecuting the notaries, paralegals or any individual that posed as an attorney, pursuing their own interest and damaging their clients. Even though it seems very cruel and unfair, this sort of thing happens every day.

When pursuing an immigration test, one of the things you need to be familiar with is the immigration law. In this direction, the president of the United States has announced the additional 6000 members of the National Guard that were sent to strengthen the southern border. The method used by the president to enforce the changes within the immigration law is believed to be one of the most technologically advanced in American history. As part of the immigration law, the infrastructure investment at the border will be increased.

Another aspect of the immigration law expands the use of the ‘Expedited Removal’. This is the power of the US government to send illegal immigrants home faster. Illegal immigrants are considered to be those people that enter the United States without inspection or those that have overstayed the time that was allotted on their visa. Any of these situations are considered to be a violation of the immigration law.

Considering the illegal immigrants issues, employers that hire them can be held accountable also. Hiring undocumented immigrants is considered a criminal act and will be prosecuted accordingly. The number of people that have been arrested due to such situations has increased significantly. There have been allotted considerable funds in order to toughen the investigations conducted on worksites.

What is a Green Card?

A green card is the term used to describe the document that shows a persons is a Lawful Permanent Resident.  It is the document that immigrants receive as proof of their permanent resident status.  The green card can be used for employment, driver’s license, social security number, etc.

Is a Green Card the same as Citizenship?

No.  Although green card holders may live in the United States indefinitely, they are not U.S. citizens.  Green card holders may work legally, travel, etc., but in order to become a U.S. citizen, they may apply for citizenship; it does not happen automatically.  Green card holders also cannot vote.

How do I get a Green Card?

You may be eligible for a green card if you have certain family members who are U.S. citizens or permanent residents.  Green card status is also available through employment.  Lastly, if a person is in deportation proceedings, there are occassions when an immigration judge may grant premanent resident – green card status.

How long may I remain a permanent resident?

You may remain a permanent resident, without becoming a citizen, indefinitely.  However, you are required to renew your green card every ten years.  In addition, you will be subject to various restrictions on travel, voting, etc., as a permanent resident.  As a U.S. citizen, there would be no restrictions on your immigration status.

For more information about specific details about the different ways to get a green card, see the many articles on our site at www.cundyandmartin.com .

Minnesota Immigration Lawyers

The Immigration and Nationality Act (INA) section 212(a)(9)(B)(i) bars certain immigrants from returning to the United States if they accrued unlawful presence, i.e., were in the U.S. illegally.  This means that if you have been in the U.S. illegally and then leave the country, you could be prevented from returning for several years.  This applies whether the USCIS knows that you were in the country illegally or not.  If you admit to being in the U.S. illegally or the Immigration Service learns of it, the bar applies.

What are the immigration bars?

If you were in the country illegally for more than 180 days but less than one year and then leave, you are barred from returning for three years.  If you were in the U.S. illegally for one year or more and you leave, you will be barred for ten years.  In addition to the 3 and 10 year bars, there is also a permanent bar you need to know about.

Permanent Bar – INA section 212(a)(9)(C)(i) permanently bars you from returning to the U.S. if you were previously in the U.S. illegally for a year or more, or were deported, left the country, and attempt to return without a proper visa.  Anyone in this situation cannot even seek a visa to return for at least ten years.  After the ten years has passed, you would still need a waiver to return; the visa issuance is not automatic merely because you stayed out of the country for ten years.

What should I do?

Call an immigration attorney before you leave the United States to discuss any possible bars on returning in the future.  As you will see from the information above, it is the departure from the United States that triggers these immigration bars.  This means that if we can fix your immigration status from within the U.S., the bars would not apply.  Not all violations of the immigration law make one subject to these bars and therefore, an analysis of your situation is needed.  In some instances there are waivers available that would permit you to come back before the three or ten year bar is reached, but waivers are beyond the scope of this article.

Minneapolis Immigration Lawyers can be reached at www.cundyandmartin.com .

Seasonal industries often find it difficult to find seasonal workers due to the short duration of the jobs and the tasks involved.  This is where the H-2B visa category can help.  Common industries that utilize the H2B program to supplement their workforce include, but are not limited to: nurseries, golf courses, carnivals and fairs, lawn and landscaping, resorts and hotels, tourist attractions, theme parks, and snow removal.  But the H-2B visa program is not limited to any particular industry.  However, the H-2B visa cannot be used for agricultural work.

H2b visas are also not limited to any particular country.  Workers may come from Mexico, South Africa, China, Russia or any other country where they are located.  In order to simplify the process and keep costs down, it is best to get all of the workers from the same location.  If all of the workers are coming from the same place to do the same job, they may all be included on one petition.

Work Visa Application

Temporary Labor

The first criteria is that the need for the workers and the job must be seasonal; the employer cannot use the H-2B visa to fill an ongoing need.  Almost all seasonal jobs, by definition, meet this criteria because the services or labor are traditionally tied to a season of the year by an event or pattern and is of a recurring nature.

Department of Labor

Before filing a petition with the immigration service – U.S. Citizenship & Immigration Services (USCIS), the employer must first get labor certification from the U.S. Department of Labor (DOL).  This generally requires that the employer prove the seasonal nature of the job and that it cannot find any qualified and willing U.S. workers.

The procedure for getting certification changes almost yearly and therefore, it is recommended that you seek the assistance of an experienced H-2B immigration lawyer to advise on the current practices.

While it may seem obvious, it is nevertheless worth noting that the employer must be a U.S. company.  There are instances in which foreign companies operate in the United States and it must be the U.S. entity that files the petition.

U.S. Citizenship & Immigration Services â?? USCIS

After DOL grants certification, the employer can petition USCIS for the H-2B visas.  The proof required at this stage is somewhat duplicative with the process undertaken with DOL, but USCIS nevertheless must grant the petition before the visas can be issued.

U.S. Consulate / Embassy

If USCIS approves the H-2B petition, it will forward the case to the U.S. consulate where the temporary workers are located.  The workers then go to the consulate to apply individually for their visas.  It is helpful at this stage to use an agency in the foreign country familiar with the H-2B procedures at the consulate to assist in gathering the workers and applying for the visas.

How long can the workers stay in the United States?