U.S. Immigration

Frequently Asked Questions

• Which U.S. visa is the right one for you?

  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

• What happens to a green card holder if they get divorced from a U.S. citizen?

  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

• Do you need a green card or a visa to enter the U.S.?

  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

• Which type of visa do you need to visit the U.S.?

  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.

• How does the U.S. immigration Visa Bulletin work?

  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

• What are the requirements for a K-1 fiancé visa?

  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

• What are the benefits of dual intent visas in the U.S.?

  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.