Frequently Asked Questions

Not necessarily. Border Solutions Law Group’s lawyers are dual-licensed in Canada and the United States, so they can often manage both the Canadian and U.S. aspects of your claim, helping coordinate insurance and legal issues without you having to retain two separate firms.

Many people injured in the U.S. while living in B.C. work with a Vancouver cross-border personal injury lawyer. The lawyer can often coordinate with U.S. counsel, help you understand which laws apply, and guide you on dealing with multiple insurers.

Get medical help first, report the crash to local police, gather insurance and witness details, and notify ICBC and any private insurers. Because different laws may apply, many people contact a cross-border personal injury lawyer before dealing extensively with U.S. insurers.

Generally, you must meet physical presence requirements in Canada, file required tax returns, prove language ability (for many adults), and pass a citizenship test, subject to limited exceptions. Exact rules can change, so it is important to confirm current requirements before applying.

If you are a Canadian citizen or permanent resident who meets financial and eligibility requirements, you may be able to sponsor a spouse, partner, or dependent child. Sponsorship involves strict rules, documentation, and processing times that vary by category and location.

Read the refusal or return reasons carefully, keep all correspondence, and check relevant deadlines. You may be able to reapply, address missing documents, or seek review in certain cases. An immigration lawyer can explain your options based on the specific refusal grounds.

Processing times vary by program and government workload, and they can change without notice. A lawyer cannot force IRCC to decide faster, but can help you submit a complete, properly supported application, which may reduce avoidable delays and requests for extra information.

Common options include the Federal Skilled Worker Program, Canadian Experience Class, and certain trades programs through Express Entry, as well as provincial nominee programs. Each has its own criteria and points system, so eligibility depends on your education, work history, language, and more.

An immigration lawyer can review eligibility, help gather supporting documents, address previous refusals, and prepare a clear, complete application. They can also explain how study and post-graduation work permits may support future permanent residence options, although specific results are not guaranteed.

A temporary resident visa lets you visit Canada for a limited time. A work permit lets you work in Canada, usually temporarily. Permanent residency allows you to live, work, and study in Canada long term, with additional rights and obligations.

Our Canadian office is located in downtown Vancouver at Suite 408 – 837 West Hastings Street, Vancouver, BC V6C 3N6. We can be reached just across the street from the Sinclair Centre at the intersection of Howe St. and West Hastings St.

Our Vancouver office is the home base for our cross-border personal injury, B.C. personal injury, and immigration teams. It is a short walk from major transit routes, including Waterfront Station, and downtown business centres, which is convenient for both local and out-of-town clients. To arrange an immigration or injury consultation, contact us online or call (604) 684-4211.

Our U.S. office is located at Suite 301 – 2219 Rimland Dr., Bellingham, WA 98226.

Our building is located just north of the intersection of Barkley Blvd and Woburn St. The Bellingham office serves clients with matters related to cross-border injury, U.S. personal injury, and immigration issues across Washington State and beyond.

There is free parking available and easy highway access from the I-5, which makes the office convenient for clients travelling from the Seattle area or from Canada. You can reach either office by calling (604) 684-4211 or by using the firm’s contact page.

For personal injury matters in B.C. or the U.S., your initial consultation is completely free. Upon contacting our Vancouver personal injury lawyers, you can arrange an in-person, phone, or virtual appointment with our team. During this meeting, we’ll discuss how the incident happened, your medical treatment, time off work, and any communication you’ve had with insurers.

If available, we recommend that you bring any accident or incident reports, correspondence with insurance companies, photos, names of treatment providers, and proof of employment, such as pay stubs or tax documents.

Your personal injury lawyer will then explain possible claim routes, time limits, and how our contingency fees work. You have no obligation to retain our services after your initial consultation. Our goal is to help you understand your options so you can decide whether you’d like to work with us and move forward with your claim.

Your initial consultation for a cross-border personal injury is completely free. When you contact our cross-border injury team, we’ll gather key facts about where you live, where the accident happened, insurance details, and your injuries.

For this meeting, we recommend bringing any police or incident reports, claim numbers, health and auto insurance information, photos or videos of the scene, and medical records you already have. Pay stubs or your employment information can also be helpful.

A lawyer on our team will then review how B.C. and U.S. law may apply and whether you may have claims in more than one jurisdiction. You’ll receive a high-level overview of options, potential next steps, and what evidence you should aim to preserve. There are no upfront legal fees for the consultation, and you can decide if you wish to move forward. There is no obligation to work with our firm after your initial consultation.

Our immigration consultations cost $250 CAD + HST and are designed to give you focused, practical guidance on your options for U.S. immigration or Canadian immigration.

To schedule your consultation, you can contact us by phone at (604) 684-4211 or through our online intake form. One of our experienced immigration lawyers will review your background, goals, and any prior dealings with authorities such as IRCC or USCIS. We then outline realistic pathways, possible risks, and next steps.

If possible, we recommend bringing relevant documentation, such as your passport(s), prior applications, any refusal or decision letter (if applicable), criminal or court documents, your resume/CV, and a list of your top questions.

Our legal fees are confirmed up front with you from the very first meeting, and there is no obligation to retain our services after you meet with us.

Absolutely. Our Canadian immigration lawyers in Vancouver help clients from the U.S. and around the world with work permits, study permits, permanent residence, citizenship and appeals or judicial reviews of refusals. We regularly work with cross-border families, professionals and businesses who need coordinated strategies for both Canada and the United States. Our team stays current with Immigration, Refugees and Citizenship Canada policies and the federal Immigration and Refugee Protection Act to provide clear, practical guidance about your options.

Yes. Many of our clients are Canadians seeking temporary or permanent status in the United States for work, study or family reasons. We regularly advise on TN visas under the USMCA, intracompany transfers, employment-based permanent residence and family-sponsored green cards. Our U.S. immigration lawyers in Vancouver can also coordinate with U.S. counsel where additional input is required. We start with a prescreening consultation to determine eligibility, outline potential timelines and identify any red flags that could affect your application.

Being turned away at the border can be stressful, especially if it affects work or family plans. Our firm advises people found inadmissible to Canada or the U.S. due to past criminality, prior immigration issues, or other concerns. For Canada, this may involve remedies like temporary resident permits or criminal rehabilitation under Canadian immigration law. For the U.S., we often assist with waivers of inadmissibility. We review what happened, explain realistic options and help you plan your next steps.

Our immigration consultations are paid, so you receive focused, practical guidance tailored to your situation. During the meeting, a lawyer reviews your background, answers questions about options for Canadian immigration or U.S. immigration, and outlines potential next steps and risks. The goal is to help you understand realistic pathways before you commit to an application. You’ll know the consultation fee in advance, and there is no obligation to retain the firm afterward. To book, contact us online or call (604) 684-4211.

No. Many cross-border claims resolve through negotiation or mediation without a trial. However, preparing a case as if it may go to court often leads to stronger settlement positions. Our Vancouver personal injury lawyers gather medical evidence, expert reports and documentation of your losses from both sides of the border. We will discuss the pros and cons of any settlement offers with you. The decision to settle or proceed further is always yours, and we are prepared to advocate either way.

Compensation depends on where your claim is advanced and the law that applies. Common categories include medical and rehabilitation expenses, lost income or earning capacity, out-of-pocket costs, and pain and suffering. In serious cases, claims may also involve future care costs and loss of housekeeping capacity. Because B.C. and U.S. states use different rules and damage caps, it is important to get advice from lawyers experienced in cross-border injury claims. We assess all potential heads of damage so key losses are not overlooked.

Many cross-border claims can be investigated, negotiated and resolved without long-distance travel. Much of the work happens through medical records, expert opinions, written discovery and negotiations with insurers. In some situations, particularly if a trial is necessary, in-person attendance may be required. Because our lawyers are licensed in both British Columbia and Washington, we can often minimize the number of trips a client needs to make. We discuss travel expectations at the outset so there are no surprises as your case progresses.

For most injury matters, we work on a contingency fee basis. That means you do not pay upfront legal fees, and our fees are paid as a percentage of the recovery if your claim is successful, plus agreed-upon disbursements. The exact structure can differ between B.C. and Washington because each jurisdiction has its own rules and cost consequences. At your initial consultation, we explain the fee options, provide a written retainer agreement and answer your questions before any work begins, so you can make an informed decision.

It is sensible to speak with a lawyer as early as you can. Important evidence, such as witness contact information, photos, vehicle data and medical records, can be lost or harder to obtain with time. There are also strict limitation periods and notice requirements in both B.C. and Washington that may affect your rights. Our team offers free consultations for injury matters and can explain the first steps after a cross-border accident, so you can focus on your recovery while we handle the legal side.

Sometimes, injured people have overlapping rights in both countries. For example, accident benefits at home and a lawsuit where the collision happened. The right approach depends on where you live, where the accident occurred, which insurers are involved and the value of your losses. Our cross-border injury lawyers analyze the pros and cons of each route, including time limits and legal costs, before recommending a strategy.

Not necessarily. Border Solutions Law Group’s lawyers are dual-licensed in Canada and the United States, so they can often manage both the Canadian and U.S. aspects of your claim, helping coordinate insurance and legal issues without you having to retain two separate firms.

Read the refusal or return reasons carefully, keep all correspondence, and check relevant deadlines. You may be able to reapply, address missing documents, or seek review in certain cases. An immigration lawyer can explain your options based on the specific refusal grounds.

Many people injured in the U.S. while living in B.C. work with a Vancouver cross-border personal injury lawyer. The lawyer can often coordinate with U.S. counsel, help you understand which laws apply, and guide you on dealing with multiple insurers.

Cross-border claims involve at least two legal systems, two sets of insurers and different rules on limitation periods, damages and procedure. A British Columbia resident injured in Washington, or a U.S. visitor hurt in Vancouver, may have rights on both sides of the border. That complexity affects where to sue, what deadlines apply and how much compensation may be available. Our Vancouver cross-border personal injury lawyers are licensed in both BC and Washington, so you do not need to hire separate firms to coordinate your claim

The H-1B visa is a temporary work visa that allows foreign workers to come to the United States for a specific job or occupation. It is one of the most popular visas for skilled workers, as it allows them to work in the U.S. for up to six years.

To qualify for an H-1B visa, an individual must have at least a bachelor’s degree or its equivalent in a specific field, such as science, technology, engineering, or math. The job they are seeking must also require at least a bachelor’s degree or higher in a related field.

In addition to these educational requirements, there are a few other requirements that must be met in order to be eligible for an H-1B visa. These include:

1. The individual must have a job offer from a U.S. employer. The employer must also file a petition on behalf of the employee;
2. The individual must have the necessary skills and qualifications to perform the job. This includes having the necessary education and work experience in the field;
3. The individual must have a valid passport; and
4. The individual must be able to demonstrate they will paid the prevailing wage in their geographic location in the United States, for their area of expertise and commensurate experience.

Overall, the H-1B visa is a valuable option for foreign workers who want to work in the United States in a specific occupation. It allows them to live and work in the U.S. for a specific period of time, while also providing an opportunity for them to gain valuable work experience and potentially secure permanent residency in the future.

The H-1B visa process can be quite complex and requires a lot of documentation. It is important for individuals to work with an experienced immigration attorney to ensure that their application is completed correctly and all necessary documentation is submitted.

Entering the U.S. with a B-1 visa permits you to enter the country to conduct business, then leave when that business is complete. However, if you assume you need and should receive a B visa, you could run into complications, including ineligibility and problematic restrictions. If you have plans to travel temporarily to the U.S. for business purposes, you can keep in mind these essential details.

You Must Be Specific

If you are seeking a B-1 visa, you must state the reason for your visit. Some examples of the reasons you can give for needing this type of visa include:

• Attending a meeting
• Attending a business-related conference
• Negotiating contracts
• Participating in a training
• Meeting with business associates

You will also need to prove that your stay is temporary and that you can fund the trip yourself. Without this specific information, you may not get the visa you need.

You May Not Need a B Visa

If you are a Canadian citizen, you may not need a visa to conduct business in the U.S., though there are exceptions. And if you are doing something outside of business-related activities in the country, another visa can be necessary to avoid issues at the border and with immigration officials. There are also circumstances under which you may not need a B-1 visa, but you do need other permissions. Such can be the case if you are an investor, spouse or child of a citizen or a government official.

Challenges Can Arise After Getting a Visa

If you do secure a B-1 visa and enter the U.S. with proper permissions, issues can arise when you are in the country that can have serious consequences. You could wind up violating your visa by:

• Engaging in or obtaining employment in the U.S.
• Enrolling in school
• Failing to maintain your residence in a foreign country
• Remaining in the U.S. beyond the allowable period of stay

Under these circumstances, you could face removal proceedings and be stripped of your status. Further, it could be incredibly difficult to ever re-enter the country. With all this information in mind, it may become apparent that legal guidance and consultation can be necessary. Getting help can allow you to make informed decisions that help you avoid costly missteps and protect your livelihood.

If you’re a foreign national planning to work the U.S., you will want to apply for a work visa. It’s important to know all you need in order to obtain it.

A Job Offer

Before you can apply for your work visa, you will usually have to have a job offer already lined up in the United States. Your employer must provide the government with certain documents before you can apply for your visa.

Petition and Obtain Labor Certification Approval

Your new employer will have to file a Petition for Nonimmigrant Worker with the United States Customs and Immigration Services (USCIS), Form I-129. This petition must have been approved by the USCIS before you begin the process of applying for your work visa.

The Department of Labor (DOL) must approve your certification to work. Your employer will need to get a certification from the DOL by applying for it on your behalf before filing the petition with the USCIS.

Certain work visas require certification as a prerequisite. It attests to the government that foreign employees are necessary, and that the position cannot be filled with American employees.

What Else is Necessary?

You need a current passport for your stay in the U.S. that must be valid for six months after you return to your home country. It should include a photo meeting certain specifications that you will upload when you apply online for your work visa.

You need the Receipt Number from Form I-129, a confirmation page that you’ve completed DS-160 Form, the Nonimmigrant Visa Application and a receipt showing that you paid the application fee of $190. There may be additional fees based on your location.

You must also show proof that you intend on returning to your home country once your work in the U.S. is complete. You can include any information that proves your intentions – such as family relationships, your future long-term plans, the residence you’re returning to and your financial situation.

You might have to include additional documents. It’s wise to contact an experienced immigration lawyer to get any information you need.

In the field of immigration law, asylum refers to a type of protected status – similar to refugee status – that allows you to remain in a country because you would face personal danger by returning to your home country. You might seek asylum if you are under persecution on the basis of race, religion or other affiliation. As an immigrant coming into the United States for the first time, the possibility of asylum could be the only thing that helps you and your family feel safe. For that reason, it is important to know whether or not you can qualify for this status.

What Are the Requirements for Asylum?

The United States Citizenship and Immigration Services (USCIS) outlines the eligibility requirements for immigrants seeking asylum. You must be at a port of entry or within the United States to apply, and you must apply within one year of your arrival in the country. You can only exceed the one-year deadline if you can prove an extraordinary circumstance is responsible for your delay in filing.

How Do I Apply for Asylum?

You can begin the asylum process regardless of your immigration status by contacting the USCIS and filling out the necessary forms. You may also express an intention for asylum during removal proceedings by passing a credible fear screening. During the application process, you will list your spouse and any children under the age of 21 as dependents for them to receive asylum as well. Receiving asylum or refugee status in the United States is a matter of protection from cruel or torturous treatment in your country of origin. If you file in a timely manner and prove that your fear of persecution is legitimate, you will be likely to qualify for asylum. An experienced immigration attorney can help walk you through the process and increase your chances of a successful application.

Unlike individual artists or entertainers who need O1 Visas to enter the United States from British Columbia or another Canadian province, internationally recognized groups must obtain P1 visas. That is if the members are Canadian residents or citizens of other countries. Strict adherence to the requirements of the U.S. Citizenship and Immigration Services is essential.  Who is eligible? The following are requirements for a group to obtain P1 Visas:

• The applicants must be members of an internationally recognized group.
• Qualification requires 75% or more of the members to have had continuous, substantial relationships of no less than one year with the group.
• An exception to the one-year rule is circus artists who enter the United States and join a recognized U.S. circus.
• Immigration services will consider the achievements of the group and not individual members.

Support personnel who play essential roles as integral parts of the group’s performance may also qualify for P1 visas. However, that only applies to services not readily available among U.S. workers.

The Process

Obtaining a P1 entertainer or artist visa requires the U.S. agent or employer of the performing group to file the P1 petition with the office of the USCIS. The application must be accompanied by a contract between the group and an employer or agent and an events itinerary. Additionally, the U.S. Citizenship and Immigration Services office requires consultation or a statement whereby the appropriate labour organization documents previous frequent performances for at least one year.  Upon the approval of the petition, the group members may proceed with applications for the P1 visa. They can apply at an appropriate U.S. Consulate or Embassy in British Columbia or elsewhere.

Non U.S. residents with extraordinary abilities in the television or motion pictures industry, athletics, education, business, science or the arts typically need an O-1 visa to perform in the United States. However, citizens of Canada are excluded. Canadian citizens with such abilities in British Columbia do not need O-1 visas. Instead, all they need to present at the border is proof that the U.S. Citizenship and Immigration Services approved their O classification.

Who Needs O-1 Visas?

Immigrants who have permanent resident status in Canada require visas to enter the United States. Similarly, any nationals from other countries who want to enter the United States from Canada will have to apply for O-1 visas for temporary entry to perform there.

Requirements for O-1 Visa Classification

An entertainer or artist must have a U.S. employer or an employer’s agent who would be responsible for filing the petition with the United States Citizenship and Immigration Services (USCIS). Documented proof of the applicant’s extraordinary ability in a particular field will be required. Additionally, for someone in the television or motion picture business, a written advisory from a management organization or labour union must accompany the application.

O-1 Visa applications must include copies of the contracts between artists and their agents or employers. Furthermore, the nature of the artist or entertainer’s planned activities, a full itinerary and start and end dates of the events must accompany the application for an O-1 visa. If an applicant with extraordinary abilities applies for re-entry within two years of a previously approved engagement, the USCIS might waive the need for a new application.

Artists or entertainers in British Columbia should note that the O-1 visa applications would be for themselves only. Groups of entertainers are classified differently and need to apply for a different visa under U.S. immigration laws. Similarly, support personnel and dependents of the entertainer must apply for other visa types.

The U.S. government encourages people from Canada to invest or trade in the United States. To qualify for this, Canadians must obtain E visas – E1 for traders and E2 for investors. The primary requirement for eligibility is the need for the visa applicant to be from a country included on the U.S. Department of State’s list of treaty investors.  Canada is a part of this treaty, and successful E1 visa applicants will be allowed to trade services and goods. It’s possible to include trading of services and goods like technology and communications, tourism, transportation, insurance and banking.

Stipulations About the Trade

The trade carried out by the E1 visa holder must be substantial and continuous. It must involve a sizable volume of international trade items and multiple transactions over time. Also, you must engage in principal trade with the U.S., meaning that over 50% of the international trade volume must be between Canada and the United States. Specialist employees, managers and executives linked to the E1 Treaty Trader company from Canada may also qualify for E1 visas in the United States.

What About Their Families?

Anyone from Canada who holds an E1 Treaty Trader visa may bring along their family. Spouses and children younger than 21 are permitted, but only the spouse may seek employment – the children may not work in the United States.  When it comes to the length of stay under U.S. Immigration law, an initial period of two years applies. However, there are unlimited extensions allowed, as long as the E1 visa conditions are still met.

Citizenship and Immigration Canada issues Temporary Residence Permits, or TRPs, to persons who would typically not be admissible to visit Canada. Still, authorities decide the visit will benefit rather than harm the country. Certain circumstances make TRP holders eligible for permanent residence.

What Makes Trp Holders Eligible to Apply?

Applicants for permanent residence must meet the following requirements:

• A current holder of a valid TRP
• No other reason than the original grounds of inadmissibility exists
• Continued residence in Canada uninterrupted for the three to five years, as originally approved

What is Deemed a Break in Residence Continuity?

Continuous residence for the allowed period of the original TRP is non-negotiable. Breaking continuity can involve:

• A TRP holder leaving Canada without re-entry authorization.
• A TRP holder failing to apply for a new permit before the existing TRP expires.

Authorities might decide to issue a new, subsequent permit despite the transgression. However, the failure to maintain continuity will be noted on the TRP holder’s electronic record and could adversely affect an application for permanent residence. Importantly, even if re-entry is authorized, authorities might deem prolonged absences from Canada as a break in residence continuity. Immigration officers have the right to some level of discretion and flexibility when they interpret continuity breaks. When TRP holders take brief breaks to leave Canada under circumstances they could not control, officers might choose not to record these as continuity breaks. On the other hand, authorities might seek documentation to justify reasons for a TRP holder’s absence from Canada. The rules and regulations of Canadian immigration and residence permits are complicated, and TRP holders in British Columbia would be advised to become familiar with the act before unintended transgressions occur.

British Columbia residents who are Canadian citizens or permanent residents can sponsor non-Canadian spouses, conjugal partners or common-law partners to join them. Canadian immigration laws even provide for them to become permanent residents under the spousal sponsorship program.

Eligibility to Sponsor a Spouse or Partner

Potential sponsors of foreign partners must meet the following requirements:

• They must be 18 years or older.
• They must be Canadian citizens, permanent residents or registered Canadian Indians living in Canada.
• A sponsor can be a citizen of Canada living elsewhere but planning to return to Canada.
• Sponsors may not be recipients of social assistance, except for a disability.
• They must be able to provide financially for themselves and the basic needs of sponsored individuals.
• If there are dependent children, the sponsor must also have the means to provide for them.
• The sponsored person must not require governmental social assistance.

What Constitutes Basic Needs?

• Personal hygiene products and food
• Housing costs and utility bills for the sponsored person
• Requirements for day-to-day living, including clothes
• Eye and dental care and other medical expenses excluded from public health insurance

The sponsor’s obligations begin when the sponsorship becomes effective and may not be cancelled or withdrawn. Obligations will continue for three years following the approval of permanent residency of the sponsored individuals.

Financial Requirements for the Sponsor

Although a specific amount of money is not required, the sponsor must meet the following financial requirements:

• The sponsor must prove he or she has the means to support the partner from the day of arrival.
• The sponsor may not be in the midst of bankruptcy proceedings.
• Provincial income support benefits may not form part of the declared financial assets.

However, sponsors may be recipients of disability benefits or employment insurance benefits. Anyone in British Columbia who wants to sponsor a spouse or partner to join them can take advantage of the opportunity to become familiar with the spousal sponsorship program under Canadian immigration laws.

Elite professionals often travel between Canada and the U.S. If you are a Canadian entertainer or athlete (or work with one) and wish to travel to the United States, you will need to secure the proper visa. This can be a complicated process. For instance, people often confuse or conflate P and O visas. While they both serve the people in the same industries (entertainers, athletes and extraordinary professionals), they are different.

O Visas

There are two different types of O visas. The O-1 visa is for the individual artist or professional; an O-2 visa is for personnel accompanying them. An O-1 visa applicant must demonstrate extraordinary abilities in the arts or, in some cases, professional fields. Examples of this could include:

• Accomplished musicians
• Professional athletes
• Exceptional students

Parties applying for an O-1 visa must submit a petition including consultations and opinions from appropriate groups. Those seeking an O-2 visa must have their employer or agent submit a request on their behalf. The petition should illustrate the critical skills and essential nature of a person’s work and support of the extraordinary individual. P visas P visas can be the appropriate option for:

• Extraordinary entertainment groups
• Parties participating in a reciprocal exchange program
• Culturally unique performers
• Athletes coming to compete in a specific event
• Support staff for these parties

The application requirements for individuals and personnel seeking a P visa are similar to those for parties seeking an O visa. Applicants must submit documentation such as consultations and evidence of recognition. Again, there are multiple types of P visas; a person’s role and purpose will dictate the kind of P visa for which they are eligible.

Avoiding Costly Mistakes

Parties seeking O and P visas often have a lot on the line when it comes to international appearances. Misinterpreting the visa requirements can mean delays and rejected applications, resulting in cancelled appearances and expensive logistical changes. To avoid this, parties travelling between the U.S. and Canada for appearances can work with a lawyer experienced in handling immigration cases in both countries.

The crisscrossing roadways between Vancouver and Seattle make it simple for individuals to dine, work or find entertainment across international borders. Unfortunately, a motor vehicle accident across the border can add numerous layers of complexity to an already challenging legal process.

While it might be difficult to extrapolate the data to represent drivers in a tourist or vacationer role, a study published in the journal Accident Analysis and Prevention, found recent-immigrant drivers were 40 to 50% less likely to be involved in a motor vehicle collision. Like less experienced drivers, these recent immigrants tend to drive in a more cautious or careful manner. Psychologically, a tourist or visitor might share this same wariness on the roads. For example, Canadian drivers might be more concerned with reaching their destination without harm than multitasking while behind the wheel. They might be hyper-attentive and aware of their environment.

Unfortunately, drivers who are more comfortable with their surroundings might be more likely to overestimate their skill level and ignore safe driving habits. Drivers might engage in unsafe vehicle operation practices such as:

• Distracted Driving: Any activity which pulls attention from the road or a hand from the steering wheel can be considered a distraction. These activities can include eating, drinking, personal grooming, talking on a cell phone, checking email, texting or manipulating a navigation system. Commonly, activities are categorized as cognitive distractions, visual distractions or manual distractions.
• Drowsy Driving: It is not uncommon for drivers to get behind the wheel early in the morning or late at night. Additionally, individuals might struggle with conditions such as sleep apnea or insomnia that dramatically affect their situational awareness. Being drowsy behind the wheel can lead to dulled perceptions, slowed reaction times and blurred vision – all of which can result in vehicle collisions.
• Impaired Driving: A driver’s perceptions, attention and reactions can be impacted by the consumption of alcohol or the use of a controlled substance. Additionally, individuals can see a diminishment of driving skill after taking prescription or strong over the counter medication. Any of these substances can lead to driving impairment.

Canadian drivers who are involved in a motor vehicle accident on foreign soil will likely face a challenging process. From disputes with the insurance carrier to different compensation caps, it is wise to seek the guidance of a law firm focused on cross-border legal issues.

British Columbia residents who took to the roads over the holidays and crossed the paths of other negligent drivers may have entered the new year with mountains of medical bills, lost wages and more. Life after a car accident could be challenging, especially if victims suffer spinal cord injuries. The severity of such injuries depends on the injury’s proximity to the brain.

Types of Spinal Injuries

Paraplegia could result from injuries to the spinal cord in the mid-back area. However, if the damage is closer to the brain, quadriplegia or loss of sensation and function in all four limbs, neck and chest could follow. Paralysis will bring permanent lifestyle challenges.

Living with the physical changes brought about by spinal cord injuries is challenging for victims and their loved ones or other caregivers. Grieving for the loss of abilities could cause anger, sadness or other emotional difficulties. While the physical harm is there for all to see, emotional harm is less obvious, preventing others from understanding the full plight of the spinal cord injury victim.

Seeking Justice

Regardless of all the available treatment, therapy and support groups to ease the consequences of spinal cord injuries, none of these can reduce the past and future financial difficulties. The British Columbia civil justice system provides a platform for pursuing damage recovery in many instances. However, suppose such injuries occurred in a car accident while the victim was on a trip to Seattle. In that case, cross border personal injury claims will involve the laws of both British Columbia and Washington State. Similarly, insurance adjusters from both sides of the border may come into play.

If you were injured outside of your home country, will you have a harder time gaining compensation? In a word, yes. Getting fair treatment in one country is already a challenge. Insurers necessarily try to minimize their payout. It’s up to you to prove your claim. But when an accident happens in a different country, you face double the complexity.

You’re Up Against Differing Laws And Insurance Processes

Whether you are a BC resident injured in Seattle or a U.S. resident injured in Vancouver, you now need to navigate two separate systems. The laws in each country governing accident and injury are not the same.

Some law firms take on cross-border accident cases, but since they cannot practice law in both countries, they need to hire a separate lawyer to handle the other half of the case. At Border Solutions Law Group, all we handle is cross-border issues. Our lawyers practise law in BC and Washington. We know how the law and insurance work in both countries. We don’t have any learning curve and we don’t miss key details. Our clients never need to work with two separate law firms. We handle cross-border injury claims from start to finish.

Will I Have To Go Back To The Other Country?

In many cases, no. You can claim accident benefits from the insurer of your home country. For example, if you are a BC resident, we work directly with ICBC on your behalf. At the same time, we can usually negotiate the other part of your claim in Washington right from our office in Vancouver.

Only if we need to advance litigation of the U.S. lawsuit may you be required to attend the trial in Washington state. This adds a layer of complexity to a claim, but we will only pursue the claim if it makes financial sense for you to do so.

Come In For A Free Consultation

Our lawyers are ready to answer your questions and identify your options. Book a free consultation today. Call 1-604-684-4211 or contact us by email.

The popular perception is that personal injury cases are worth far more in the U.S. than in Canada. This is not always the case. Rushing into a lawsuit in BC or Washington without knowing how the law and insurers work in both jurisdictions is risky. Without the benefit of experience, it can lead to disappointingly unanticipated financial results.

We Help You Avoid The Perils And Pitfalls

At Border Solutions Law Group, our exclusive focus in personal injury is on cross-border cases. Our lawyers are dual-licensed. We regularly fight injury claims in both Vancouver and Seattle.

Over the years, we have analyzed thousands of claims. Our experience is the reason why we have so consistently gained financially favourable outcomes for our clients. We know how to balance the potential awards against the costs. Before launching into a suit, we make sure you’ll end up with a financial win, not a loss.

Why Some U.S. Claims Are Worth More

Unlike British Columbia, Washington state places no cap on certain damages. One of these is for pain and suffering. But maximizing compensation depends on the type of injury. For catastrophic, life-altering injuries, the difference can mean millions of dollars in compensation. But in reality, the vast majority of claims are for soft tissue injuries, which are worth far less.

Legal Costs Are A Key Consideration

The cost of court and legal fees is another important consideration. In BC, your legal costs will likely be covered by the insurer. In Washington, each party is responsible for their own costs. If you hastily initiate a lawsuit and it drags on, you could easily see your compensation reduced down to very little after paying for litigation costs. The key is to know when an award will actually be worth the cost of litigation.

At Border Solutions, we know when you should push forward and when you should settle. We will analyze all the factors, do the number crunching and ensure that you end up financially on top.

Call Us For A Free Case Evaluation

An initial consultation is free. Discuss your case with our lawyer by calling 1-604-684-4211 or by filing out our online form.

Anyone in British Columbia might have reason to feel apprehensive about going south of the border. Trips to Seattle, which were previously routine, have become nerve-wracking episodes. Although media reports indicate that U.S. immigration is targeting people with ties to Middle Eastern countries, extreme measures have been taken against others without such connections.

Expedited removal is a legal provision that allows U. S. Customs and Border Protection officers to deny certain aliens entry into the United States, or physically remove them. When CBP officers suspect that a person’s claims are fraudulent or entry documents are invalid, they have the authority to issue an ER, without going through the normal removal proceedings that involve hearings before an immigration judge.

Business groups on both Vancouver and Seattle sides of the border report the adverse economic impact the unpredictability of border crossings has had. Some transportation companies have been hard hit. Their businesses included transportation of goods from Canada, across the U.S border, to be delivered at the United States’ border with Mexico, from where the products would be distributed in Mexico. Although these trips were longstanding permitted drives, 18 of the truck operators had been issued expedited removal orders instead of the previous practice of issuing the drivers and their employers with fines.

It has come to a situation in which any British Columbia residents who want to take trips south of the border may be well-advised to consult with legal counsel. A lawyer with experience in dealing with border crossing issues will be aware of any changes to U.S. immigration laws. Legal counsel can make sure that the client’s documents are in order and prepare the client for any questioning to which he or she might be subjected.

Residents of British Columbia who have made use of the opportunity to get pardons for prior criminal convictions might not realize how that could affect their trips across the border. A man from another province recently reported how a pardon led to the U.S. immigration officials barring him from entering the United States. British Columbia citizens could have similar unanticipated problems.

The man explained that he had a couple of mischief convictions that followed overindulgence of alcohol when he was much younger. He says both cases were conditionally discharged, and the record had little or no effect on his adult life. However, his wife, who is a teacher, convinced him to apply for a pardon. He did as she asked and admitted that receiving pardons for both charges relieved him of the ever-present burden.

The man also explained that he was a frequent traveller to the United States, and before the pardons, border agents never had a problem with him crossing the border. This was because mischief is not a crime that typically prevents entry into the U.S., and border agents could see which crimes were on his record. However, once they were pardoned, the details were erased. Because authorities could then only see that he was pardoned for old crimes, with no idea of the severity of his crimes, he was refused entry into the United States.

Anyone in British Columbia who is in a similar situation might have questions about their future travels south of the border. Any issues related to U.S. immigration laws are best dealt with by an experienced lawyer who deals with border issues daily. Sorting out these issues before arriving at the border could avoid hours of questioning, and even being barred from entry into the United States.

A television network reportedly obtained information that shows an increase of 300% in the number of bans handed out at border posts in 2019 compared to 2018. The U.S. Customs and Border Protection’s Seattle field office issued 65 expedited removal orders during August 2019, while only nine Canadians were issued bans during August 2018. U.S. immigration offers no explanation for the significant increase.

A Canadian man who had a summer job at a resort in British Columbia shared his experience with U.S. border patrol. Due to the seasonal high rentals in Osoyoos where he worked, he chose to stay rent-free with his girlfriend’s parents just south of the border in Washington state. His daily commute took no longer than 30 minutes in each direction, including the border crossing. He says he had pleasant conversations with border guards during the twice-daily crossings.

However, after eight weeks of hassle-free border crossings, he was heading home at the end of a 10-hour shift. This time he was ordered to go inside, where the border officials questioned him for approximately five hours. The questioning concluded at about 4 a.m. when he was handed an expedited removal, banning him from entering the United States for five years. Although no proper explanation was provided, the man believes the fact that he lived rent-free with his girlfriend’s parents indicated that he did not intend to return to live in Canada.

With all the uncertainty around border crossings, it might be a good idea for anyone in British Columbia to consult with a lawyer in Vancouver who has significant experience in dealing with all matters relating to U.S. immigration laws. Legal counsel can explain the potential problems that might occur at the border and assist the client in gathering all the necessary documents. With the support and guidance of legal counsel, chances of crossing the border smoothly might be increased.

Residents of British Columbia who wish to work in the United States and also apply for a green card might have many visa-related questions. U.S. Immigration laws require foreign applicants to show that they have no intentions to remain in the United States after the expiration of the work visa. They must also show the intent to leave the U.S. during the processing time of a green card.

However, foreign nationals have the option to apply for dual intent visas that include L-1, H1-B and O-1 visas. If an employer sponsors an employee with one of these visas, the worker will not have to leave the U.S. during the green card application and processing period. The dual intent means the intention to use the visa to work in the United States and also the intention to make an application for permanent residency during the time for which the work visa is valid.

This does not mean that foreign nationals who do not have dual-intent visas are prevented from applying for permanent residency. However, they will have to leave the U.S. and their jobs while waiting for green card applications to be approved. The advantage of a dual intent visa is job retention and uninterrupted earning ability.

The decision to leave British Columbia and apply for permanent residency in the United States is a significant one. Dealing with U.S. immigration laws can be daunting, and many choose to utilize the skills of a lawyer who is registered on both sides of the border to answer their questions and explain the pros and cons of the different visas. The lawyer can assess the client’s unique circumstances and work with the sponsoring employer before suggesting the most suitable visa type for which to apply.

Freight worth billions of dollars is transported between Canada and the United States each year. A significant percentage of the cargo is transported by road on commercial trucks. Truck drivers who travel from British Columbia to deliver or pick up loads might have questions about the frequent border crossings and the U.S. immigration laws that might affect or even benefit them.

British Columbia truckers who obtain a FAST North card can save time and money when they cross the border into Washington State — in both directions. Holding a FAST card will ensure quick processing of the cargo at the border crossing. To be eligible for such a pass, the entire supply chain with which the driver deals must be members of the Customs Trade Partnership Against Terrorism.

The partnership members will be subject to special security measures because these companies and shippers are regarded as low-risk businesses. Commercial truck drivers can obtain FAST cards at the time of their initial training, or they can apply for passes at a later stage. Drivers who are permanent residents with Canadian citizenship might also be eligible for the Commercial Driver Registration Program, which also has advantages at the border.

Truck operators in British Columbia can learn about more programs that will benefit their border crossings by consulting with an experienced U.S. immigration lawyer. A lawyer can also assist with obtaining the necessary documentation for easy border crossings. He or she can also make sure the client knows what to declare during border crossings and which items are restricted, prohibited or controlled.

British Columbia residents who travel across the border into the United States might not realize that border control officials could search their phones and laptops. Under the U.S. Immigration laws, it is perfectly legal to carry out such searches. The Border Doctrine even allows agents to download the data from the electronic devices of travellers and then scan the downloaded data for breaches of national security.

Border agents need no reasonable suspicion, probable cause or even a warrant to carry out manual searches on the phones and laptops of people who enter the U.S. If they then find reasons to suspect incriminating or security threatening data to exist on a phone, they are entitled to transfer the data onto a storage device for further scrutiny. But what happens to that data once it turns out to be non-threatening to national security?

A report by Customs and Border Protection indicates that the U.S. government’s policy to erase data found to be legal has not been implemented in an alarming number of cases. Border agents compromised the security of individuals by noncompliance with the policy to erase the data, exposing them to disclosure of their personal data in the event of the theft of the devices containing the downloaded data. The report also revealed the drastic increase in warrantless data searches from approximately 5,000 in 2015 to 29,000 in 2017.

British Columbia residents who plan to travel across the border might have some questions about what to expect as they cross the border. An experienced lawyer in Vancouver who deals primarily with U.S. immigration issues can provide the answers. He or she can also ensure that all the necessary documentation is ready and explain how the clients can protect their privacy and avoid having their rights violated.

There are various reasons why a Canadian citizen from British Columbia could be refused entry into the United States. However, anyone who does not require a visa under the U.S. immigration laws, and who is not approved for entry into the United States might be eligible to make an advance application for a temporary waiver of inadmissibility. However, this can be a lengthy process, and there is a substantial cost involved — regardless of whether the application is approved.

Some of the reasons for inadmissibility include having overstayed a period of admission into the United States on a previous occasion. Anyone with a contagious disease might be denied entry, and also those who have been declared drug addicts or abusers or have been found guilty of violating controlled substance laws. Trafficking of people and involvement with money laundering are also reasons for inadmissibility.

Multiple criminal convictions and a criminal history involving moral turpitude or transgressions (CIMT) will also prevent entry. The most common CIMTs include manslaughter, murder, rape, bribery, forgery, fraud, theft, prostitution and aggravated battery. However, determination of crimes constituting a CIMT is complex and might require a thorough examination of all the aspects of the offence.

British Columbia residents who have been declared inadmissible under U.S. immigration regulations might need the support and guidance of a lawyer who focuses on helping Canadians to make border crossings into the U.S. without problems. This also applies when someone expects to be denied entry. An experienced lawyer can assess the reasons for inadmissibility and determine the viability of a waiver of ineligibility application.

When British Columbia residents travel across the border into Washington, the last thing on their minds would likely be the possibility of being involved in an automobile accident. However, crashes occur when they are least expected. When there are catastrophic injuries such as traumatic brain injuries, dealing with insurance and legalities of cross-border personal injury on both sides of the border could be challenging.

Traumatic brain injuries affect people in different ways. One problem relates to their communication abilities, through speaking, written language, body language and gestures. The problems that could develop can vary, and if the areas of the brain that control the muscles used for speech are damaged, it will cause dysarthria. This condition causes slow, slurred speech, which makes it difficult for others to understand.

It could also cause apraxia — a condition that makes it difficult for the victim to pronounce words correctly, or aphasia, which can cause problems for the person to express ideas or to understand what is said. Many TBI victims find it more challenging to write and read than to speak and understand. Other problems include the social aspects like taking turns in conversation, reading social cues, generating ideas and recognizing and interpreting facial expressions.

Having to pursue financial relief while suffering the consequences of traumatic brain injuries could be a daunting task. Fortunately, help is available from an experienced cross-border personal injury lawyer in British Columbia. A law firm that is registered to deal with the legal and insurance procedures in both Vancouver and Seattle will indeed be a valuable asset.

Many Canadian citizens, including some from British Columbia, live and work in the United States. That and the growth in online dating have led to a surge in U.S. immigration involving marriages between citizens of the United States and Canada. When this happens, the Canadian citizen will be entitled to obtain a green card, which will allow him or her permanent residency, and ultimately, U.S. citizenship.

To enter the United States as the fiancé of a U.S. citizen, the Canadian citizen must obtain a K-1 non-immigrant visa. Eligibility for such a visa requires the other party to be a U.S. citizen, and the couple must intend to get married within 90 days after the K-1 visa holder enters the United States. Also, both parties must be legally free to marry, meaning that annulment, death or divorce has legally terminated any previous marriage of either party.

An in-person meeting between the two parties must occur within two years before the visa application. However, this requirement might be waived if it can be shown that the visa applicant’s culture and social practice will deem such a meeting a violation of long-established and strict customs. An exception might also be made if it can be shown that it would lead to extreme hardship for the petitioner in the United States.

Planning a wedding while dealing with immigration issues could be overwhelming. For that reason, the person who intends to marry a United States citizen might seek the support and guidance of an experienced U.S. immigration lawyer in British Columbia. Having someone to navigate the visa application and explain all the requirements for eligibility can simplify the process significantly.

Source: uscis.gov, “Visas for Fiance(e)s of U.S. Citizens“, Accessed on May 3, 2018

The U.S. Visa Bulletin is published every month, and it serves to update employment- or family-sponsored visa applicants with the status of their applications. British Columbia residents who have visa applications filed with U.S. immigration can keep track of their positions in the queue by studying the bulletin. This is where they will be able to tell when their visas are available, which will allow them to file an application for a green card or adjustment of status.

The time an applicant has to wait depends on various matters. Only a specific number of visas for immigrants are issued every year, and the number already issued that year, along with the demand for visas, will play a role in the waiting time. There are also limits to the numbers of visas available for issue per country along with limits per category. All these can affect the time it takes to obtain a visa.

Those who want a visa to get a green card or an adjustment of status to become a permanent resident must follow specific procedures. The first step is the filing of an immigration petition by an employer or qualifying relative. Some petition types, such as spouses of U.S. citizens and unmarried children under age 21, allow the immediate availability of visas, while applicants for other types have to wait. Each application is allocated a priority date, which is the date a family member filed the petition or when the labour certificate was accepted by the Department of Labor.

The Visa Bulletin will have a cut-off date, and if the applicant’s priority date is earlier than the cut-off date or if a “C” is indicated — meaning current — then the visa is ready for collection. Because U.S. immigration is such a complicated process, many British Columbia residents utilize the services of experienced lawyers to navigate it for them. Lawyers who are familiar with the laws of both countries as well as any changes in legislation can provide the necessary support and guidance.

Source: FindLaw, “How to Use the U.S. Visa Bulletin“, Accessed on April 14, 2018

British Columbia residents who suffer debilitating injuries often find it challenging to secure long-term disability benefits. If a cross-border personal injury caused the disability, the process could be even more difficult. Any accident in another country will involve laws and insurance companies from two jurisdictions, adding to the challenges.

Denied benefits claims after years of contributing to the insurance fund can be discouraging, mainly because a person might not have any other source of income. However, receiving a letter of denial does not necessarily mean all is lost. The letter should explain why the application was rejected. Long-term disability policies differ from country to country and from company to company.

It might be a pre-existing condition that is not deemed a disability, or an essential piece of information might have been omitted from the application. Insurers in different countries have different definitions of covered disabilities, and technicalities on the application could be the problem. The administrators may claim that none of the disability definitions have been met, or prescribed medical treatment was not followed. They might even claim that the person has recovered from the disability.

These are but some of the many reasons that can be used to motivate a long-term disability provider to deny an application for benefits. However, this is a process that needs the support and guidance of a cross-border personal injury lawyer in British Columbia. A law firm that is able to deal with matters on both sides of the border might find a way to resolve the issue and get the application approved.

Source: thespec.com, “Legal Matters: Application for LTD benefits denied?”, Accessed on March 23, 2018

Owners of companies in British Columbia who want to grow their businesses in the United States have different options. However, seeking answers on Google might be frustrating because the online information could be outdated, and it is often inconsistent. An experienced U.S. immigration lawyer can provide valid solutions and explain the available options — one of which is an E2 Treaty Investor visa.

It is a visa for non-immigrants who have a business in Canada that already has an established association with U.S. business partners. Holders of E2 visas are allowed to work and live in the United States while they conduct international business. One of the requirements for obtaining this visa is a significant investment that the foreign business must have made in the United States before applying for the E2 Treaty Investor visa.

Further requirements include the need for the company to be active with business and the people working there. The foreign owner must create employment for himself or herself and also for U.S. citizens. Based on this, an owner of a business that passively deals with stocks and bonds will likely not qualify. Also, before the application for the E2 visa can be filed, the business must be registered under the E2 Treaty investor plan.

Navigating this process and gathering the necessary paperwork can be a daunting task. However, anyone who has a British Columbia law firm that deals with U.S. immigration on a daily basis in his or her corner may find it less intimidating. The lawyer can navigate the entire process and make sure all requirements are met.

Source: workpermit.com, “US E2 Treaty Investor Visa for investors and Employees“, Accessed on March 22, 2018

Whether you are a British Columbia citizen who wants to travel across the border for temporary employment, to study or to visit, getting the paperwork done can be a daunting task. With frequent changes to U.S. immigration laws and visa requirements, it can be nearly impossible to understand all of the intricacies involved without professional assistance. Having the process simplified might improve your chances of a successful visa application.

Visas to authorize education, employment or training may require extensive documents, applications and petitions to demonstrate your eligibility. The fact that you have to navigate the laws of both Canada and the United States doubles the complexity of the process.

Non-Immigrant Visas

The first obstacle may be determining the type of visa for which to apply. Non-immigrant visas comprise of 20 different categories. However, the three main types are for business visitors and tourists, education, and temporary workers — each with subcategories. The following details might help you:

• Education Visas: If you are a student with a valid registration at an academic establishment, you must apply for the F-1 visa. This covers students at high schools, language schools, conservatories, universities, colleges or seminaries. However, if you plan to attend a non-academic or vocational program, you will need an M visa. Then there is the J visa that applies to exchange visitors like trainees, students, professors, teachers and more.
• Temporary Workers: To enter the United States as a temporary worker, you will need to apply for an H visa. If you are a professional such as a computer programmer or systems analyst, you must have an H-1B visa. However, agricultural workers need H-2A visas.
• Business Visitors and Tourists: Business visitors are those who intend to engage in commercial transactions, and tourists visit the U.S. for pleasure. If this is your category, the B-1 or B-2 visa will apply to you. If you plan to do business and stay on as a tourist, you can apply for a multiple-purpose B-1/B-2 visa — which do not allow you to accept employment.
• Others: Other non-immigrant visas include those for diplomats, aliens in transit, crewmembers, investors, foreign media representatives, religious workers and more.

Where to Find Proper Guidance and Support

It can be difficult to separate faulty information and misguided advice obtained from the internet from accurate information regarding immigration issues. For that reason, the most appropriate route might be to consult with a Vancouver law firm whose focus is on U.S. immigration, and one that is fully familiar with the legalities on both sides of the border. If you work with a firm that is a trusted source of up-to-date immigration advice, it can increase your chances of a favourable outcome.

The legal proceedings of personal injury lawsuits in British Columbia and Seattle differ significantly. For this reason, navigation of a cross-border personal injury claim in the event of an accident in a neighbouring country can be particularly challenging. Fortunately, Border Solutions Law Group focuses their practice on such cases — in fact, cross-border claims are the only types of injury cases they handle.

The complexity of these claims comes with the fact that you will have to deal with two claims at once. Claiming insurance in one country and pursuing a tort claim across the border in the city where the injury was suffered can be overwhelming — especially if you are recovering from accident injuries. Fortunately, the lawyers at Border Solutions Law Group are registered to practice in Washington State and British Columbia.

Thus, you will not need to deal with two separate law firms. These lawyers can navigate insurance claims on one side of the border and pursue recovery of damages not covered under auto insurance in civil lawsuits on the other side. They are informed about the compensation and benefits available in each of the jurisdictions, the caps that are effective on pain and suffering damages, and the different statutes of limitations in the two countries.

Another advantage of retaining the services of the Border Solution Law Group is affordability. Legal fees in Washington and British Columbia differ considerably, and the costs will depend on which side of the border you were injured. This firm’s lawyers will explain the costs and assess viability to prevent pursuing cross-border personal injury lawsuits that will bring no financial benefits.

British Columbia residents who are planning to go to the United States for employment or other reasons may be confused about the requirements for legal entrance and the length of time they will be allowed to stay. With frequent changes to U.S. immigration regulations, it could be quite a challenge to navigate the necessary processes to ensure smooth entry at the border and during the stay. The first thing to understand is the difference between a visa and a green card, which is also called a Permanent Resident Card.

Although both these documents can allow an individual to stay or live in the United States, there is a significant difference. Permanent U.S. residence and employment are allowed for those with green cards, while there could be a time limit attached to a visa. However, two types of visas exist — non-immigrant and immigrant visas.

A person who holds a nonimmigrant visa will have a specific date by which he or she must leave the United States. These are typically issues for visitors, students, business people and such. In comparison, an immigrant visa — the same as the green card — allows an individual to stay in the United States and apply for U.S. citizenship. There are limited numbers of immigrant visas allocated annually, and they are typically obtained through sponsorship by employers, family or special immigration status.

Any person from British Columbia or another country who remains in the United States beyond the expiry date on a nonimmigration visa might be removed and returned to his or her home country. To avoid such a situation, it might be wise to consult with a British Columbia lawyer who is experienced in dealing with U.S. immigration issues. A lawyer who is registered on both sides of the border can be invaluable if complications arise at the border or in the United States.

Source: Echo Press, “Immigration issues and answers“, Celeste Edenloff, Oct. 25, 2017

When a marriage between a green card holder from British Columbia and a U.S. citizen ends the consequences can be significant. U.S. immigration has several measures in place to prevent sham marriages entered into purely for the purpose of obtaining green cards. Even though state law governs U.S. marriages, the Immigration and Customs Enforcement essentially considers the marriage as nonexistent for immigration purposes.

Some couples would marry but separate soon after the non-U.S. citizen applied for a green card. For that reason, Immigration Services might even regard a legal separation as the end of qualification for a green card. However, if an application for a green card is filed more than two years after the marriage, the marriage will be regarded as genuine. If the application is submitted sooner, the green card holder may only apply for U.S. citizenship after three years of marriage.

Circumstances in a divorce that could indicate a good faith marriage include the couple having a child together or owning property. The noncitizen may not be deported if it can be shown that deportation would cause extreme hardship, or if  the noncitizen is the victim of abuse by a U.S. citizen spouse. Failing to show any of these may deny the green car holder the opportunity to apply for U.S. citizenship and could lead to deportation.

Any British Columbia citizen who wants to enter into a marriage with a U.S. citizen, or get a divorce from one, will likely benefit by becoming fully informed regarding any immigration law issues. A lawyer who is registered on both sides of the border and experienced in all matters related to U.S. immigration is a solid choice. The lawyer can review the available facts, suggest the best way to proceed and provide ongoing support.

Source: divorce.lovetoknow.com, “Green Card and Divorce“, Audrey M. Jones, Accessed on Sept. 29, 2017

British Columbia tech workers who had their eyes on jobs in the United States may be having second thoughts. A website that represents almost 10,000 companies and serves about 1.5 million individuals seeking jobs, recently revealed the results of a study in which over 175,000 job offers and interview requests from the past 12 months were examined. The results show that the employment of tech workers from foreign countries is considered more carefully than before. This is likely due to the current uncertainty about U.S. immigration policies.

Reportedly, last year, there was a 60 percent drop in interview requests to foreign workers by U.S. companies from the second to the fourth quarter. It then increased slightly, but the second quarter of this year remained low, at only about two-thirds of the number of requests in the same period of 2016. An executive order signed in April now ensures that only the highest-paid and most-skilled applicants for H-1B visas are approved.

A spokesperson for the website said tech talent worldwide still finds the United States a desired or attractive place to pursue their futures. However, foreign talent appears less interested or hesitant to submit job applications for employment opportunities in the U.S. tech industry. The rate of foreigners accepting interview requests over the last two quarters of last year was said to be 4 percent lower than before.

While the U.S. tech industry remains interested in welcoming foreign talent, it is not always clear whether companies will be allowed to do that. However, British Columbia tech workers who believe they may qualify as “most-skilled or highest-paid” tech workers are free to apply for H-1B visas. It is often a challenging process, and many applicants seek the support and guidance of lawyers who focus on helping Canadian residents with U.S. immigration issues.

Source: mercurynews.com, “Trump effect: U.S. firms wary of hiring foreign tech workers“, Queenie Wong, Aug. 10, 2017

Members of the workforce in British Columbia and other provinces and territories in Canada who want to seek employment in the United States are closely watching the U.S. H-1B visa reform. The new U.S. administration is seeking to overhaul visa programs for employment immigration of foreign workers into the United States. Up to now, thousands of employees from other countries have secured positions at tech companies.

Currently, U.S. companies who cannot find local workers who are qualified for specified jobs employ highly-skilled foreign workers. The H-1B visa program allows 85,000 employees from other countries every year. Those against employment immigration claim U.S. workers are denied available jobs, while others believe the loss of the ability to source highly skilled foreign workers can be detrimental to tech development in the United States.

Reportedly, highly educated students who studied at universities in other countries hold a significant percentage of the annual H-1B visa allocation. Companies that seek the services of exceptional talent include large corporations like Microsoft Corp., Apple Inc. and Amazon. These skilled employees are used in their technology departments. However, allegations of companies abusing the H-1B visa program to maintain low-paid workforces are rampant.

Much speculation about the ways in which employment immigration will be affected under the reformed H-1B visa program is reported. Until the finalisation of new legislation, workers from British Columbia who have job offers in the United States might be wise to consult with an experienced immigration attorney. Such a professional will be informed about the latest applicable laws and can provide skilled guidance to ease the H-1B visa applications and other procedures required for smooth transfer into the United States.

Source: workforce.com, “Tracking Workplace Immigration Issues”, Mia Mancini, Feb. 15, 2017

When nationals of Canada and other foreign countries want to participate in work-and-study-based exchange programs in the United States, they will need J1 visas. Often used for employment immigration, they provide non-immigrant visas for exchange visitors.  The visa holder can stay in the United States for specified time periods — determined by the type of program in which they participate. Typical programs include study, work, research and teaching. The visas are valid for a few weeks to a number of years.

The J1 visa category includes 14 programs with varying requirements and rules; however, all classes require the applicants to be proficient in the English language, have medical insurance and a valid sponsor. For any organisation to sponsor an exchange visitor, it must demonstrate that it can maintain a sponsorship. Requirements include providing the exchange visitor with pre-arrival information and information that will help with the person’s adjustment to his or her unfamiliar surroundings. The sponsor must also monitor the welfare of the participant and ensure the availability of round-the-clock emergency support.

The validity of J1 Visas of au pairs, interns, specialist programs and secondary school students are one year, and four months for summer work travellers and camp counsellors. Scholar programs that are short term are six months, and three years for teacher programs. A trainee may stay for 18 months — except hospitality and agriculture trainees who may stay for 12 months. A physician’s residency term will determine his or her duration of stay, and professors and research scholars are permitted to stay between three weeks and five years. Government programs allow stays of 18 months, and college and university students between 18 months and 36 months — depending on their study levels.

Canada citizens who are interested in participating in an exchange visitor program will need to submit a Certificate of Eligibility for Exchange Visitor (J1) Status. To ease the navigation of the complexities of employment immigration, seasoned cross-border lawyers are available to provide guidance. Such professionals can assist an applicant every step of the way.

Source: path2usa.com, “J1 Visa: Overview“, Accessed on Jan. 27, 2017

British Columbia residents who seek to travel to the United States for purposes other than relocating there may have many questions about the visa requirements. Along with employment immigration, other uses for non-permanent travel may include a pleasure trip, medical treatment, business or any purpose other than permanent relocation. Although there is a limited number of exceptions, travellers must obtain non-immigrant visas before travelling to the United States.

Temporary or non-immigrant visas are valid for set durations and specific purposes, and British Columbia travellers must apply at the embassies or consulates in Canada. Once the person has crossed the border, he or she cannot apply for a visa. One of the requirements that may present a challenge is the need for the applicant to show existing strong ties in Canada to convince the Consular Officer of his or her intention to return upon the visa’s expiration.

Another requirement for temporary visas is the financial statuses of the applicants to ensure they can support themselves for the duration of the validity of the visa. The purpose of the visit will determine the type of visa for which to apply, and applicants must show the validity of their claims to travel for particular purposes. Each type of temporary visa has unique requirements, related to its purpose, and the annual numbers of approved applications for some visa types are limited.

British Columbia residents who require visas for employment immigration and other non-permanent trips into the United States may find the process to be quite a challenge. Fortunately, the services of an experienced law firm that is registered on both sides of the border are available. Lawyers who focus on providing support and guidance to employees, students, business travellers and more, can identify the type of visa needed and explain the requirements while taking care of the documentation.

Source: FindLaw, “Non-Immigrant Visas Overview“, Accessed on Jan. 20, 2017

British Columbia residents who have the opportunity of obtaining employment in the United States may have many questions about the procedures to follow. Different visas could apply to U.S. employment immigration, and navigation of the legal procedures could be challenging. The type of visa required depends on the occupation of the person, his or her level of education and more.

The H visas cover various employment fields for those immigrating to the United States. H-1A visas are meant for registered nurses, and H-1B applies to holders of bachelor’s degrees filling positions requiring their specialised knowledge. Agricultural workers and others in fields in which there is a shortage of U.S. workers may apply for H-2 visas. The latter group of potential immigrants must provide the sponsoring employer’s documentation that no qualified workers with U.S. residency were willing or available for those positions.

Other employment visas include L-1 intra-company transfer visas for those transferred from a foreign office to a U.S. office of the same company. These typically involve executives or specialty employees going to the United States to provide training or work on specific operations. O visas apply to nationally or internationally known athletes or other individuals with extraordinary skills and abilities, and groups or teams with such abilities would apply for P visas — such as international sports teams. Lastly, religious workers travelling to the United States must apply for R visas.

Reading all this may exacerbate the confusion of any British Columbia resident looking to accept employment in the United States. There are also requirements related to the need for an employer who is offering the applicant a job to act as the sponsor for visa purposes. Individuals who face the challenge of navigating the employment immigration process may utilize the skills of a seasoned immigration attorney who is experienced in cross border employment immigration issues between Canada and the United States.

Source: FindLaw, “Temporary Worker Visas“, Accessed on Jan. 14, 2017

Scores of residents of British Columbia and other provinces travel to the United States every year to work there. Employment immigration is quite common, and those considering doing the same may have questions about their spouses and children who might want to join them. Non-professional immigrants typically go to the United States on an H-1B visa.

H-1B visa holders can be accompanied by their spouses and children who are under the age of 21 years and unmarried. They will require H4 visas and may remain in the United States for the same length of time as the H-1B visa holders with whom the travelled. Holders of H-4 visas can open U.S. bank accounts and obtain driver’s licences.

If the spouse and/or children of an H-1B visa holder want to study in the United States, they may apply for F-1 visas. If, for example, the spouse or one of the children is also offered U.S. employment, he or she must request approval of a change to a non-immigrant status that allows employment. H-4 visa holders may not accept or look for a job, and they will not receive Social Security Numbers. However, they will get tax IDs.

British Columbia residents may find all the employment immigration laws confusing. However, they need not navigate the many rules and regulations on their own. Help is available from seasoned immigration law lawyers who are experienced in handling the visa requirements for Canada and the United States. There are solutions to any cross-border and immigration issues with the guidance and support of skillful legal representatives.

Source: immihelp.com, “H-4 family members“, Accessed on Dec. 30, 2016