Archive for December, 2011

Conversion of Preference Categories & Retention of Priority Dates

Immigration, United States Immigration | Posted by Herman Dhade
Dec 29 2011

The priority date on an immigrant or non-immigrant petition is conveyed as the date when the petition was properly filed with United States Citizenship and Immigration Services (USCIS). The priority date on a petition is only a concern for preference petitions, as it determines the beneficiary’s place in the visa queue. Priority dates are not a concern for immediate relative petitions, as a visa is readily available for the beneficiary in those cases.

Priority dates play a significant role in the issuance of visas, as the Department of State has placed limits on the number of visas that are dispersed annually. For Family-Based Preference Petitions, those filed on Form I-130, only 226,000 are available annually, and for Employment-Based Preference Petitions, those filed on Form I-140, only 140,000 visas are issued annually. Thus, the Department of State issues visa depending on the Preference Category of the Petition, and the priority date.

The priority date is essential for determining when the beneficiary of an immigrant petition will be able to join their family member(s) in the U.S. It is only when the priority date becomes current that the beneficiary will be able to apply for a visa. Because some preference categories suffer from long backlogs, changes may occur such as the petitioner naturalizing, or the beneficiary aging out, or marrying. When this occurs, certain petitions will automatically convert to a different preference category. Where concern may arise is regarding whether the original priority will be retained. In certain situations, the original priority date maybe retained and the beneficiary will not lose his/her place in the visa queue, and there is also the situation where it is beneficial to preserve the original preference category. The law office of Dhade & Associates assists with these types of cases.

If you are a petitioner of an I-130 petition, and there has been a change in your immigration status or a change in the beneficiary’s status, schedule a consult with our office to determine how this change will affect your immigrant petition, and whether or not your priority date or preference category may be retained.

Tags:
No Comments »

Canada Super Visa

Canada Immigration, Immigration | Posted by Herman Dhade
Dec 29 2011

Canada announces new “Super Visa” for parents and grandparents

In December 2011, Canada announced Super Visas for parents and grandparents to live in Canada for up to 24 months.  Canadians are indicating that it should be processed in about eight weeks.  This solves a long standing problem in Canada of having to wait many years before being able bring your parents.

To apply for a super visa, you must be

  • be the parent or grandparent of a Canadian citizen or a permanent resident of Canada;
  • be found admissible to Canada; and
  • meet certain other conditions.

Currently, visitors to Canada usually may only visit for six months at a time. Most visitors who wish to stay longer must apply for an extension, and pay a new fee, every six months. With the Parent and Grandparent Super Visa, eligible parents and grandparents will pay fewer fees and have some certainty that they will be able to enjoy the company of their families in Canada for a longer period of time. Dhade & Associates can assist individuals to obtain a super visa.

CIC will be able to issue the visas, on average, within eight weeks of the application. This means that instead of waiting for eight years, a parent or a grandparent can come to Canada within eight weeks.

In order to obtain a Parent or Grandparent Super Visa, you also need to provide:

  • Evidence of the parent or grandparent relationship to the Canadian citizen or permanent resident you wish to visit (e.g., birth certificate, baptismal certificate or other official document naming you as parent);
  • AA letter of invitation from your child or grandchild that includes arrangements for care and support;
  • Proof from your child or grandchild that he or she meets the financial requirements and
  • Proof that you have private medical insurance valid for a minimum of one year from a Canadian insurance company and that:
    • Covers health care, hospitalization and repatriation;
    • Provides a minimum coverage of $100,000; and
    • is valid for each entry to Canada and available for review by a port of entry officer.

Tags:
No Comments »

TN Status under NAFTA

Canada Immigration, Immigration, United States Immigration | Posted by Herman Dhade
Dec 11 2011

The North American Free Trade Agreement allows for Canadian Citizens (and Mexican Citizens) to apply for the nonimmigrant visa category, referred to as a TN visa. In order to qualify for a TN visa, the Canadian Citizen seeking to enter the U.S. in this visa category must be offered an employment position in one of the categories listed in Chapter 16 Appendix 1603.d.1 of The North American Free Trade Agreement (NAFTA).

For Citizens of Canada, a visa is not required to enter the U.S. and work as a NAFTA professional. Canadian citizens are permitted to obtain admission under the TN category by applying at a Port of Entry, rather than applying for a visa with a U.S. Consulate. A Canadian Citizen requesting admission under the TN category at a Port of Entry must present proof of their Canadian Citizenship. Additionally, the Canadian Citizen must provide the Customs & Border Patrol Officer with an employment letter from the prospective employer outlining the terms of employment, purpose of employment, length of stay, and educational qualifications, in order to establish that the offered position qualifies as one listed in Appendix 1603.d.1. Where required, the Canadian Citizen may also need to provide credentials evaluation.

If the Customs and Border Patrol Officer is satisfied by the evidence presented by the Canadian Citizen, the Canadian Citizen will be admitted as a TN nonimmigrant. Proof of entry in the TN category will be evidenced by a stamp placed in the Canadian Citizen’s I-94 Arrival/Departure Record.

Family members of the TN nonimmigrant may also join the TN nonimmigrant in the U.S., on what is referred to as a TD Visa. Spouses and children under the age of 21 who are Canadian Citizens also do not need to apply for a visa, but may request admission under TD status at the Port of Entry with the TN applicant. The spouse/children of the TN applicant must provide proof of their Canadian Citizenship, relationship to the TN nonimmigrant, and photocopies of the TN’s I-94 Arrival/Departure Record.

However, non-citizen Canadians who are the spouses/children of a TN nonimmigrant must apply for a TD Visa with a U.S. Consulate. Once the TN nonimmigrant is granted admission in TN status, the spouse/child of the TN nonimmigrant may apply for the TD visa.

Stay in TN/TD status is valid for three years. Extensions of stay are also available for this nonimmigrant category. Most important under the TN category, is that the applicant continues to possess nonimmigrant intent, and demonstrate to the Customs and Border Patrol Officer or Consular Officer that they do not harbor immigrant intent. Further, there is no cap or limit on the number of times a Canadian Citizen may apply for TN visa or extend their stay in TN status.

For assistance with your TN Visa application, feel free to contact our office.

 

Tags: ,
No Comments »