Immigration Blog about US & Canadian Immigration matters.

Sponsoring if you are an American Citizen

If you are a U.S Citizen who wants to sponsor or “petition” for your partner, spouse, or minor children that live in America, there is a pretty lengthy process you need to go through to make sure you are applying for the correct application. Not only do you need to fill out the application for them to be supported in America, but also you need to file the application for adjustment of status for their permanent residency, around the same time you file your sponsorship information. You are also required to file a form I- 864 which is an affidavit of support, submit that and your petition for your relative and also include the application for adjustment of status for yourself as a resident.

Affidavit of Support Form- I-864

I-864 is the Affidavit of Support form that you use to show that you have adequate finances to support you and your family when going to the U.S, and that you will not be ending up using and depending on the U.S government for financial support programs. The form is about 16 pages long, should be completed in capital letters and is electronically completed. Once finished, print out and mail it, it is not recommended to submit the form online/ electronically. When it comes to filling out the form the principal immigrant or the person who is going to be the beneficiary of the person who needs the visa, is responsible for submitting their taxes to show they have adequate funds to support their spouse.

What is an H-1B Visa?

Are you looking to go to the United States for employment purposes? Work in a profession that involves services in specialty occupations? The application that may be most suitable for you is known as the H-1B Visa. Commonly used for employment purposes, this visa is only applicable for individuals in certain fields. Both the employer and employee will be involved in the application process. If done correctly, it could lead to you starting a successful business life in the United States.

H-1B visa is for people who will be working in what are known as “Specialty O+ccupations”. However, variants of the H-1B Visa can also include services of exceptional merit/ability that has to do with the Department of Defense co-operative research/development project, or if you wish to perform services as a fashion model with highly recognized abilities. These variants are known as H-1B2 Visa and H-1B3 Visa, and have a similar application process.

Travelling to the US for Tourism

Foreign national who do not hold citizenship of the United States are generally required to obtain an appropriate visa before they are eligible to enter and stay in the United States. Non-Immigrant Visa are granted to individuals wishing to enter the United States for temporary stay; these individuals will leave the United States once their permitted stay is over. Immigrant Visa are granted to individuals who wish to enter and stay in the United States and intent to stay as permanent residents. Different visa are granted to different categories of individuals, depending on the purpose of the visit.

The following table provides the Visa types that can be issued to different categories:

US Spousal Sponsorship

Are you a citizen of the United States? Interested in sponsoring your spouse? This may get to be a confusing process. Essentially, your spouse will live in the US as a Green Card Holder with you if your application is successful. However, there are specific steps towards this process that differ depending on your situation. You will want to make sure that you follow the correct procedure to ensure higher chances of success.

How do I bring my spouse if I am a US citizen?

You may only sponsor your spouse to the US if you are either a citizen or a permanent resident (Green Card Holder). As a US citizen, there are two different processes: one for if your spouse to be sponsored is inside the US, and a separate one for if they are living outside of the US. If your spouse is living inside the US lawfully, there are two major forms you will need to complete. The first is Form I-130, Petition for Alien Relative. This form is intended to establish the relationship between you and your spouse to be sponsored. The other form you will need to fill out is Form I-485, Application to Register Permanent Residence or Adjust Status. This form will enable your spouse to be a permanent resident of the US (if the form is adequately completed and ultimately accepted). Ensure that you properly fill out both forms, and submit them at the same time.

Why Am I Denied Entry to USA?

Many Canadians like to travel to United States for either leisure or work purposes. Spending time and gaining new experiences are one of the most valuable things in our life. With the United States of America as our next-door-neighbours, we enjoy occasionally knocking on their doors and spending time in their home. But what do we do if they shut the door on us? As with any entry into a different country, you must make sure you have all the necessary documents and eligibility to enter. For some people, they may be deemed inadmissible to enter the US. If this is your case, there are some steps to take to help resolve your Inadmissibility and be eligible to enter the next time.

Reasons You Can Be Denied to US

Before attempting to resolve your inadmissibility, it is important to understand why you were deemed inadmissible in the first place. There are many possible reasons why a Canadian could be denied entry into the US.

H-1B Visa

The H-1B visa joins other U.S. temporary worker visas such as the L-1, TN, O-1, and OPT. The H-1B visa program gives U.S. employers the opportunity to temporarily employ non-immigrant foreign workers in a variety of specialty occupations. Read on to find out more about the H-1 B visa’s: Specific Requirements, Application Cap, Duration of Stay, and Permanent Residency (Green Card).

H-1B Specific Requirements

This section will provide information on what is needed to obtain an H-1B visa in more detail.

What is the US Family Class?

The US Family Class promotes family unity. Depending on your relationship to your sponsor, you may be eligible for a green card, fiancée or K-3/K-4 non-immigrant visa. The family class can be broken down into two sub categories:

1. Immediate Relative

What is U.S. Family Class?

The U.S. family class allows you to come to U.S.A by a family member or relative. It was designed to promote family reunion. You can also bring in your husband. He would be considered an immediate relative as he is your spouse.

To sponsor your husband there are some requirements however:

1. You must be a US citizen or

TN Visa

It is a visa category that is fully labeled as ‘Professionals Under the North American Free Trade Agreement’, which is also known as a TN Visa. This visa is only available to citizens of Canada and Mexico, who are under the terms of the North American Free Trade Agreement (NAFTA).

The TN visa is available for non-immigrant professionals who live in Canada and Mexico to work in the United States in a prearranged business activities for the US or foreign employers. These individuals must be citizens of Canada and Mexico. Permanent residents are not able to apply for a TN visa to work as NAFTA professionals.

There are various ways for your spouse to get status if you have status in the U.S. You can do so if,

1. You are a citizen or permanent resident of the U.S. and you wish to sponsor your spouse as a permanent resident
2. You are a citizen or permanent resident of the U.S. and plan to marry your fiancée
3. You are a temporary (nonimmigrant) worker and your dependent spouse will be accompanying you
4. You are a student and your dependent spouse will be accompanying you

If you are a U.S. citizen or a permanent resident, you may be able to sponsor your spouse as a permanent resident. To do so, you will need to file a form to petition for permanent resident status for your spouse, whether they are inside or outside of the U.S.

A waiver is usually issued by the Department of Homeland Security. You may need a waiver to enter the U.S. if you have been convicted of a criminal offence. In order to apply for the waiver you may have to adhere to the following steps:

• You may have to obtain local court records of the offence. If your offence is pardoned, showing proof of this will help your case.
• You may be required to prepare a personal statement, which will state the circumstances surrounding the offence.
• You may be required to fuel an Application for Advance Permission to Enter as a Nonimmigrant.
• You may also have to provide your Biographical Information.
• Any supporting documents that show your ties to your home country. Your family, employment and any assets may help you prove your ties to your home country.
• You may also need character reference letters, which will show your good character.

Keep in mind that everything you are submitting should go towards reflecting your character.

A Green Card is an official identification card which is given to permanent residents in the United States. The card acts as proof of your permanent residency. A permanent resident is usually authorized to work and live in the U.S on permanent bases. A Green Card is usually issued by Immigrations and Naturalization Service.

There are many way you may be able to receive your Green Card:

There are a few questions you should ask yourself to determine whether or not the Visitor for Business Visa is what you are looking for. There are six questions to look at:

1. Does your stay only require you to enter the U.S. for a short, specific period of time under six months?

There are many ways to become a Green Card holder with the help of a job offer or employment. Here are some of the following ways you may be able to apply:

• Green Card through a job offer: if you have a job offer for permanent employment in the U.S. You may be eligible to become a permanent resident.
• Green Card through Investment: if you are an investor/ entrepreneur who is making an investment in the U.S., which creates jobs, then you may be eligible for a Green Card.
• Green Card through self-petition: this option is available for people with extraordinary abilities or for individuals granted a National Interest Waiver.
• Green Card through Special Categories of Jobs: jobs like, religious worker, international organization employee, may be able to get a Green Card.

All the above categories may require I-360, which is Petition for Amerasian, widower or Special Immigrant. You also may also file your immigrant petition at the same time at from I-485; this process is known as concurrent filing.

As there are so many categories of immigration in the U.S., it is difficult to answer all the different questions people may have. This being said, here are a few concerns that have frequently come up on forums and other websites.

    1. I made a mistake on my forms, what will happen now?

Entrepreneurs and their spouses and unmarried children under 21 who make an investment in a commercial enterprise in the United States and who plan to create or preserve ten permanent full time jobs for qualified United States workers, are eligible to apply for a green card .

Up to 10,000 visas may be authorized each year for eligible entrepreneurs; you must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area). In return, USCIS may grant conditional permanent residence to you.