Edmonton Oilers Goalie Nikolai Khabibulin was found guilty last week of extreme DUI, excessive speeding and a blood alcohol level of .164, which is more than twice the legal limit. He was sentenced to 30 days in jail by the judge in an Arizona courtroom, where the crime took place in February.

A month, or 30 days in jail, is the minimum sentence for the offences, and Khabibulin has also been ordered to attend a treatment program along with paying fines of over $5,000. While 30 days in jail is the minimum sentence in the United States, jail times of that extent are rarely given out for similar crimes in Canada.

Despite this, one major issue for Khabibulin, born in Russia, is that the impaired driving offences in question are punishable under the Criminal Code, which made him criminally inadmissible to Canada under Canadian immigration law as soon as he was convicted. He is not a Canadian citizen or a permanent resident, so it might make things difficult.

Khabibulin’s lawyer filed an appeal immediately after the sentence was handed down, but if the appeal is denied, he may be able to apply for a Temporary Resident Permit (or TRP) in order to be admitted to Canada. TRPs are usually difficult to get and are approved in exceptional cases.

However, according to Global News the fact that his employer is supporting him, the fact that Khabibulin did not injure or kill someone and that it was his first offence can work in his favour when immigration officials determine the advantages to letting him back into Canada.

Below is an excerpt from an AILA (American Immigration Lawyers Association) bulletin sent to me by our Associate Fadi Minawi, an AILA member.

I think it is a good summary regarding information on US Waivers:

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There are many reasons why a person may be ineligible to enter the United States.

The legal descriptions are lengthy and complex therefore a list of the most common reasons is provided below.  This information should not be interpreted to be a comprehensive list of reasons you may be denied entry into the United States.

In general, you might be denied entry:

• If you have a communicable disease,
• If you have a criminal record for crimes of moral turpitude,
• For possession of or trafficking in a controlled substance,
• If you have any involvement with terrorism or terrorist organizations (no waivers can be approved for this category),
• If you have trafficked in persons,
• If you have been involved in money laundering,
• If you might become a public charge because of limited financial resources,
• If you have been previously removed (deported) or have overstayed a previous period of admission to the United States

Again, this list is not comprehensive. The list of crimes of moral turpitude that are reasons for exclusion from the United States is also quite detailed. The most common types of crimes involving moral turpitude that would make you  inadmissible are murder, manslaughter, rape, theft, bribery,forgery, aggravated battery, prostitution, and fraud.

Depending on the reason for your inadmissibility into the United States, and if you are a class of nonimmigrant where a visa is not required, e.g., most citizens of Canada, or you are a nonimmigrant with appropriate documents who subsequently becomes inadmissible, you may be eligible to apply in advance of your travel directly to U.S. Customs and Border Protection (CBP) for a temporary waiver of inadmissibility.

The waiver application process can be lengthy (up to a year) and there is a cost of US $545.00 per application regardless of the decision on the application.

The temporary waiver application, Form I-192, Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3)(A) of the Immigration and Nationality Act (INA)], is on the U.S. Citizenship and Immigration Services’ web site, as well as instructions for filling it out.

The Form I-192 can be downloaded at the U.S. Citizenship and Immigration Services Immigration Forms website (Form I-192). ( Form I-192 ) This form should be filed with CBP if you are an inadmissible visa exempt nonimmigrant or a nonimmigrant with appropriate documents who subsequently becomes inadmissible under Section 212(a) of the INA. (Please refer to Section 212(d)(3)(A)(ii) of the INA and Title 8 Code of Federal Regulation 212.4(b) for pertinent statute and regulation). Please note that only forms with the expiration date 11/30/2009 in the upper right hand corner are acceptable.

After February 20, 2009, older versions of the form www.cbp.gov/xp/cgov/PrintMe.xml?x… 1/10

AILA InfoNet Doc. No. 10083038. (Posted on 8/30/10).

New rules to protect Canada’s temporary foreign workers were announced almost one year ago but Citizenship, Immigration and Multiculturalism Minister Jason Kenney has announced that they are now ready to be implemented on April 1, 2011.

“The government is taking action to protect temporary foreign workers, including live-in caregivers, from potential abuse and exploitation,” said Minister Kenney, “we owe it to them, their employers and all Canadians to ensure that the program is fair and equitable. After all, they are an essential element of Canada’s economic success.”

Temporary foreign workers, especially live-in caregivers, can find themselves in vulnerable positions when they live in an employers home. Sometimes they are expected to work overtime with no extra pay or are treated poorly but are too afraid to leave the job. These rules will ensure that the temporary foreign workers are treated properly and that they don’t end up paying thousands of dollars to come to Canada and obtain a job that doesn’t exist.

The new changes include:

A limit on the amount of time a temporary foreign worker can work in Canada before going home.

Employers who fail to meet their commitments with regards to the occupation, working conditions and wages will receive a two-year ban from hiring temporary foreign workers.

A more thorough assessment on whether the job offer from the employer is genuine.

Employers will also investigated with respect to their prior records of hiring temporary foreign workers and how they have treated them in the past.

Hi Mary,

Sorry I have been busy trying to keep up finishing the work that I have started at my job since I am leaving.

I did call you on Monday as soon as I was out of the Embassy but you were out. I did get the tourist visa at the Canadian Embassy . The girl at the window told me that I would get the Work Permit at the port of entry.

Could you please let me know what documents that I need at airport? I have a paper that the Embassy gave me saying that I just have to show them and they will give me the permit.

Thank you very much for all the help.

Simon

When United States president Barack Obama visits India in November it’s expected that India will raise the issue of the recent hefty increase to the fees of visas.

The nearly $2,000 increase in the fee is expected to raise over $550 million over five years, and this money will be used to increase security and prevent illegal immigration over the United States-Mexico border.

The increase in fees means that Indian IT companies will have to pay up to $250 million per year in order to pay for the over 50,000 of H-1B and L-1 visas, not including the amount of visa renewals that also have to be paid for to send workers to the United States.

The fee is seen as an “economic barrier” that will affect both India and the United States, according to Indian Commerce Minister Anand Sharma. “Many of the developed countries are looking inward for fiscal consolidation. Economic barriers such as visa restrictions and the hike in visa fees will negatively affect the global recovery,” he said to reporters shortly after the fee hike was announced.

Many foreign technology companies have over half of their United States-based employees on similar visas. According to Sharma, he wrote a letter to United States trade representative Ron Kirk saying that, “Our concern is serious and well-founded – given the industry’s contributions globally – and it has been registered.”

According to several India officials and industry experts, the visa-fee increase is a violation of World Trade Organization regulations. India’s commerce secretary, Rahul Khullar, said, “We have sent a clear message to the world that the visa fee hike is WTO-incompatible. The United States cannot pass a law which clearly hurt’s India’s interests and then realistically expects us to accommodate their commercial interests.”

Hi Katherine / Jeff Li:

I want to congratulate Niren and Associates, especially Katherine and Jeff   for helping me with my US Humanitarian Parole application and I was able to attend my dad’s funeral.  I did came back to Toronto on August 23rd and surrendered my I-94 at Canadian Customs.

I want to thank you for the incredible support you have given , and incredible follow-up have been very comforting for me during this very stressful situation

I look forward to working with you on my US Waiver application.  Once again thank you very much Katherine, for all your help from me and my entire family.

Thanks,
H. Patel