TPS Program

The United States Department of Homeland Security has introduced a Temporary Protected Status, or TPS program to help Haitians living in the United States. No other significant weather event has impacted Haiti more than the tragic January earthquake, which was the reason for the introduction of the program. The government has also put a stop to the deporting of immigrants from Haiti who were previously been detained.

Conditions to Qualify for TPS Program

Haitian immigrants, who must have been on United States soil during the time of the earthquake, will be allowed a year-and-a-half (18 months) of temporary status as well as authorization to work in the United States.

The United States government has taken similar action during prior catastrophic natural disasters, specifically for immigrants from countries such as El Salvador, Honduras, Somalia, Nicaragua and Sudan.

Restrictions for the TPS Program

The Department of Homeland Security has mentioned that TPS will not be extended to those found to be convicted of specific crimes, and more importantly in cases of US deportation the TPS will not apply.  In cases of criminality and deportation, it is important to consult with an immigration lawyer whether or not your would otherwise fall under the TPS category.

The USCIS should be commended for its TPS Program as a humanitarian gesture towards Haitian victims and their families.

TN Visa applications, those supposedly “quick and easy” NAFTA Work Permits that are issued at the border have become very popular over the years. The relatively minimal paperwork involved (compared with other US Work permits) and instantaneous processing, has made the TNs a favorite among Visa applicants and their US employers.

But like most “quick fixes” or “short-cuts” in life, the TN Visa solution is often good to be true. At an alarming rate, we are seeing more and more people with their tail between their legs after being refused their Visas at the border. Applicants are stunned to discover that it’s not so easy after all. USCIS officers are increasingly careful about who they let in and who they deny. Not only does the written job offer from the US employer have to be properly drafted containing the job title, duties, duration of employment, salary etc., but the applicant’s credentials (education and/or work experience) have to match up with their prospective US offer of employment.

But more concerning is that while the rules governing these NAFTA applications are uniform across the board (the rules are the same for everyone), the way in which they are applied ie,, how decisions are made, sadly are not so consistent. In this regard, I often tell our clients that “not all borders are created equal”. The reality is that when you apply for your TN Visa,  one border could refuse you whereas another could approve you. This is where the human element is infused in the process.

At our law office, we try to manage the unpredictability of TN Visa border uncertainties by monitoring the success and failure rate at the various ports of entry including at the Toronto airport, Niagara Falls Rainbow bridge, Kingston etc. It is by getting an idea of what type of TN applications will be reviewed most fairly at what border, that often makes all the difference in failure and success. Further, how the applicant presents herself or himself is also important so making sure you are prepared to properly articulate the nature of your job and the temporariness  of your stay in the US is key.

So the lesson here is that while the TN Visa paperwork is essential, equally important is to be sensitive about at what border one chooses to apply, which will depend on a number of factors including the job title, applicant’s disposition, and the general reputation of the border itself.  In a perfect world, none of this should matter but it certainly does in the real world.

Q. I have an application for a Spousal Petition (I-130) submitted to the National Visa Center. I have not heard from the NVC and I am unable to reach anyone at the US Immigration Services to find out about the status of my US Visa Application. What do I do?

A. Reaching US Immigration for answers about your US Visa or Immigration case has always been a problem. You are dealing with a huge bureaucracy that is always changing in terms of departments, sub-departments, phone numbers, emails and websites. Navigating through the maze of the immigration system is a challenging and frustrating experience, even for us lawyers!

For Canadian citizens, the United States Citizenship and Immigration Services (USCIS) has created an inquiry mailbox for customers in Canada. Currently Canadians can’t access the National Customer Service Center through the 1-800 number to ask about general immigration questions. Canadians may now inquire about general immigration information by emailing their inquires at USCIS.Canada@dhs.gov.  They can also access the USCIS website at www.uscis.gov.

The problem here is that these lines of inquiry yield only general information. Case-specific information is very hard to come by. For our clients, where necessary, we utilize information channels developed over many years of practicing US immigration law. In some cases, we request what is called a Freedom of Information Act (FOIA)  that now comes in CD ROM format. FOIA requests are submitted in order to find about the inside-information about an applicant or their file. However, such requests can take a few months to get results.

I have always said that a large component of an immigration or visa application is dealing with the post-submission processing. Once the application is submitted to the various immigration departments, it is essential to keep track of them in the bureaucratic maze. Not always easy.

Tens of thousands of Canadian Immigrants will be affected by new American security measures

New Canadians born in 14 select countries will be subjected to increased special screening when entering into the United States, the U.S. Transportation Security Administration announced on Sunday, January 3rd.

The countries are:

Afghanistan, Algeria, Cuba, Iran, Iraq, Lebanon, Libya, Nigeria, Pakistan, Saudi Arabia, Somalia, Sudan, Syria and Yemen.

Toronto-area MP Jim Karygiannis told the Globe and Mail this week that there are close to one million people living in Canada who hail from the countries on the list.

The new measures are in place for those not only traveling from those countries, but  also those who have dual citizenship there and Canadian landed immigrants from those countries, no matter how long they have lived in Canada!  By “increased screening”, those affected can expect delays, questioning, manual pat-downs and searches of carry-on luggage when traveling to the US. According to Transport Canada, the Canadian government is also contemplating incorporating these ideas into their own security procedures.

Along with these new rules, over the next two months nine Canadian airports will start incorporating full-body scanners, and both the Dutch and British governments have come forward and said they will begin using the machines as well.

Many of the new regulations that are coming out with increasing frequency in the past few weeks are confusing, unclear, invasive and can be considered profiling.

We will be reporting on any updates to security measures as they come, and if you have experienced problems entering the US or are in need of assistance Call us  1-866-929-0991 or email us info@visaplace.com.

Hi Fadi

I would like to thank you for your excellent US Immigration court representation and the results you obtained.
I am very pleased with your counsel at the hearing and I do recommend you as a very competent lawyer.

I will be leaving for Florida this Sunday morning, Nov. 22, 2009.

I will be in touch to let you know how it goes.

My family also appreciates the peace of mind that your services brought us.

Ameer S

Wow. What a turn of events! In the not so distant past, the annual cap on H-1B Petitions was significantly reduced. US employers were finding it increasingly difficult to hire foreign workers and often had to rush their applications in to meet the quota. Now, with the downturn in the economy and the US approaching 10% unemployment,  the demand for foreign workers have subsided. As a result, the shrunken quota as of the date of this blog, has not been met and we are approaching the end of the year.

The window is therefore still open for foreign workers and their US employers. However, due to prohibitive processing delays associated with H-1B Petitions especially with the new iCERT system from the Department of Labor, frustration levels still remain high. The USCIS has responded by now accepting H-1Bs without DOL Approved LCA for a 120 day period staring from November 5, 2009 until March 4, 2010.

While the Petitioner (US Employer) has to file the LCA with the DOL, the USCIS will accept unapproved LCAs if filed within at least 7 calandar days after the LCAs  were filed with the DOL

The bottom line here is that Petitioners can take advantage of expedited H-1B processing during this 4 month grace period. Every cloud has a silver lining.