Archive for January 15th, 2012

Options for Criminally Inadmissible to Canada

Canada Immigration, Immigration | Posted by Herman Dhade
Jan 15 2012

Options for Individuals Criminally Inadmissible to Canada

 

Under certain circumstances, a U.S. Citizen may be deemed criminally inadmissible to enter Canada for committing crimes outside of Canada. Grounds of inadmissibility Canada may be found in the Canadian Immigration and Refugee Protection Act (IRPA). Some of the grounds of inadmissibility to Canada include:

 

  • Security
  • human or international rights violations
  • criminality
  • organized criminality
  • health grounds
  • financial reasons
  • misrepresentation
  • non-compliance with IRPA or
  • having an inadmissible family member

(http://www.cic.gc.ca/english/information/inadmissibility/index.asp)

 

One of the most common grounds of inadmissibility is criminal inadmissibility. Grounds of criminal inadmissibility may include being charged/convicted of a drug offense in the U.S., or a having been charged/convicted of a DUI in the U.S. Despite being found criminally inadmissible to enter Canada, mechanisms are available to “overcome” a finding of criminal inadmissibility. Some of these mechanisms include Deemed Rehabilitation, Applying for Rehabilitation, or Applying for a Temporary Resident Permit.

 

Deemed Rehabilitation applies to those found criminally inadmissible for committing crimes outside of Canada, and who have committed a single criminal act or have only one conviction. Further, the offense committed outside of Canada, must be an indictable offense in Canada, not subject to a term of imprisonment of more than ten (10) years. Additionally, ten (10) years must have elapsed since commission of the crime outside of Canada.

 

For those not eligible for Deemed Rehabilitation, Applying for Rehabilitation will abolish the criminal ground of inadmissibility, based on the applicant’s proof that they are no longer susceptible to criminal activity and they lead a steady life. To be eligible to Apply for Rehabilitation, at least five (5) years must have elapsed since commission of the offense outside of Canada, or five (5) years has elapsed since the term of the sentence imposed for the crime committed outside of Canada.

 

Individuals who have committed crimes outside of Canada who are neither eligible for Deemed Rehabilitation or to Apply for Rehabilitation, may apply for a Temporary Resident Permit to enter Canada regardless of their criminal inadmissibility. These individual’s may apply for a Temporary Resident Permit if they establish that they have a “compelling reason to enter Canada. Thus, the individual’s need to enter Canada must “outweigh” the security or health risks to Canadian Society. Approval of a Temporary Resident Permit is not guaranteed, and thus, it will only be granted in exceptional cases and for a specified duration of time.

 

Besides the aforementioned, obtaining a Pardon of your conviction outside of Canada or an expungement, may in some instances clear the ground of criminal inadmissibility, allowing one who was inadmissible to be found admissible to enter Canada.

 

If you are currently criminally inadmissible to Canada, for committing a crime outside of Canada, and are seek to enter Canada, please contact our office to determine the options available for your prospective admission to Canada.

 

http://www.cic.gc.ca/english/information/inadmissibility/permits.asp

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

 

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New Hotline for Immigration Detainees

Immigration, United States Immigration | Posted by Herman Dhade
Jan 15 2012

New Hotline for Detainees

 

On December 29, 2011, The Los Angeles Times reported a new toll-free number, (855) 448-6903 is now available to detainees held by state or local law enforcement agencies if the detainees “believe they may be U.S. citizens or victims of a crime”.  The hotline will help to ensure detainees know or are informed of their rights.

 

The hotline is in response to recent changes and controversies over programs that allow for local law enforcement to detain people they believe to be illegal immigrants.  “Immigrant rights groups say the program has led to civil rights violations and racial profiling, and such authority has been especially controversial in Arizona.”

 

The president and general counsel of the Mexican American Legal Defense and Education Fund, was quoted stating that the hotline “should have been in place the very first time ICE undertook an expansion of its detainers.”  He sees the hotline as “a positive development,” but “overdue” and “inadequate.”

“Often people who are subject to ICE detainers have no idea why they are being held,” said Saenz, who is based at the national Latino civil rights group’s Los Angeles headquarters. “This kind of step should have been in place the very first time ICE undertook an expansion of its detainers.”

 

The hotline will be offered 24 hours a day, seven days a week, and interpreters will be available in several different languages.  The phones will be answered by U.S. immigration and Customs Enforcement agency (ICE) personnel.  The ICE personnel will be able to refer the detainee to the relevant ICE Enforcement and Removal Operations field office for any immediate action.

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Foreign Students Studying in the United States with a F-1 visa

Immigration, United States Immigration | Posted by Herman Dhade
Jan 15 2012

Foreign Students Studying in the United States with a F-1 visa

 

If I originally entered the United States on a B-2 visitor visa may I adjust my status to a F-1 Student visa?

 

In recent years the rules have tightened for people wishing to adjust their status from a B-2 visitor to F-1 student status.  If a person knows at the time they apply for their visitor visa that they plan to eventually adjust their status to student status they must make their intention know on their application.  However, often when a person is applying for a visitor visa they are not aware of their future plans to become a student studying in the United States.  If this is the case a person in this situation should make it known at the time of entry on their I-94 card their intention to pursue an education in the United States.

 

Can I change schools without having to leave the country?

 

If done properly a student can easily make a change from on school to another or from one education level to another.  The first step the in the process is that the student must inform the old school of their plan to transfer.  The student should be conscious of dates at all time.  The Student must be able to start classes at the new school before the current I-20 grace period expiration, or within 5 months of transferring out of the old school.  The new school will need to issue a I-20 and within 15 days after the new program start date the student contacts the new designated school official (DSO), who updates the student and exchange visitor information system (SEVIS).

 

While studying in the United States may I work?

 

Students studying in the United States under a F-1 visa may seek employment under certain conditions and restrictions.  The 2 most common ways for a F-1 student to pursue employment are:

  1. On-Campus Employment
  2. Off-Campus Employment under Sever Economic Hardship

 

A student may take on an on-campus job before finishing a course of study.  On-campus means either a job on the school’s premises or an off-campus location that is educationally affiliated with the school.  The student will be allowed to work 20 hours a week and the student may work on-campus during school vacations.

 

In order to pursue off-campus employment the student must have completed a minimums of one academic year and must demonstrate “severe economic hardship caused by unforeseen circumstances beyond the student (‘s) control.” (8 CFR 214.2(f)(9)(ii)(C).(D)(ii), and (f)).  Examples of severe economic hardship include, but are not limited to, loss of on-campus employment, fluctuations in value of currency or exchange rates, and increases in tuition or living costs.  The student will need to complete an application package and submit it to the USCIS service center that has jurisdiction over his or her residence.

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