New rules for Canada entry via airports

From March next year visa-exempt travellers to Canada required to apply electronically

By

• Majorie van Leijen

If you are among the fortunate travellers who do not require a visa to enter Canada on a visit, you may want to check out the latest changes, or you will arrive at the airport without permission to enter.
From March next year, it is no longer possible to enter through one of the country’s airports without prior approval, even if the visitor does not require a visit visa. This visitor will be required to apply for an electronic travel authorisation (ETA), announced the Citizenship and Immigration Canada (CIC).
The change will be effective March 15, 2016, and travellers will be able to apply from August 1 this year. The application must be submitted online and a fee of CAD7 ($5.62) applies.
The ETA is only requires when a person enters the country through airport, and applies to applicants for a temporary visit who do not require a visa to Canada. Previously, these visitors were systematically screened upon arrival.
A significant number of individuals proves inadmissible upon arrival, CIC pointed out. In 2012-13, this number added up to 7,055. “This resulted in significant expense, delay and inconvenience for these foreign nationals, other travellers, the airlines and the Canadian government,” said the authority.
A similar electronic system exists in the United States.
Once the ETA has been granted, it is valid for a period of 5 years, unless the passport of the visitor expires before this time, obtains a new ETA or sees cancellation of the ETA.
In case the applicant is unable to apply electronically because of a physical or mental disability, alternatives such as a paper application form are available.
A person may be refused entry because of membership in a terrorist organisation, participation in war crimes or crimes against humanity, international human rights violations, membership in organised crime groups, criminality, or issues endangering public health, such as tuberculosis.

‘Canada is the land of immigrants,’ says first person to get PR through Express Entry

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Columbus, OH. When Emma Hughes applied for Canadian immigration just over two months ago, she did not know that she would end up being the first person to obtain permanent resident status through the new Express Entry selection system for Canadian immigration. As it turned out, however, she was recently informed that she was the first Express Entry applicant to activate permanent resident status.
Emma, a citizen of Ireland, created her Express Entry profile within days of the system’s launch on January 1, 2015. With 1094 Comprehensive Ranking System (CRS) points, she received an invitation to apply for permanent residence when Citizenship and Immigration Canada (CIC) performed the first draw from the Express Entry pool on January 31. She submitted her complete online application on February 5, and received confirmation of her permanent resident status on March 26.
Clearly thrilled with becoming a permanent resident, Emma sat down with CICnews this week to talk about all things Canada.
How does it feel to have obtained Canadian permanent resident status?
It’s great. It’s a big relief not to have to worry about having to make a decision about whether you’re going to stay or go. You can just kind of relax now and enjoy Canada.
Why did you decide to move to Canada in the first place?
I have an aunt and uncle who moved here around 40 years ago. They immigrated from Belfast to Orono, Ontario, just east of Toronto, and we used to come and visit them a lot for family holidays. I had been maybe three or four times during my childhood to visit them with the whole family. They have sons and grandchildren now, so they’re like my Canadian family.
Did that bring about the idea in your mind that maybe one day you would like to move to Canada?
Yes, exactly. It’s so different from home. There’s a world of possibilities, the culture is so different, and everything is so much more based around being outside and interacting with nature and people. Even the choice of foods here is massive, and there are so many possibilities.

The Bruce Trail, Ontario

What sort of thing might you be able to get in or near the city you live in now that you wouldn’t be able to get elsewhere?
I live in Burlington, so I’m pretty close to the Bruce Trail, a hiking trail in Southern Ontario, and I’ve become quite interested in hiking and things like that. Last year I went camping with my family on Manitoulin Island in Lake Huron, where you can completely disconnect — you can go for hikes or down to the beach, and the weather is great for six months of the year.
Would you like to become a citizen of Canada eventually?
Yes, it’s the next obvious step. I love it here, and I don’t see myself being able to have the same opportunities if I went home. Even the job that I have here doesn’t exist in Ireland, so there is a much greater chance for me to progress if I stay in Canada.
Tell us a little about your job in Canada
It’s for a green chemistry company, who work with renewable bio-based alternatives to petrochemicals and harmful chemicals in general. I worked for large pharmaceutical companies for six years before I came to Canada, but this is a small company where you have much more exposure to different things. Although my background is chemistry-based and I do work in the lab, I’ve started now to be able to move into business development positions where I’m speaking with customers and trying to find out their needs. I’m taking on leadership roles in the company, which I wouldn’t be able to do at home. Because of the nature of the company, something like this doesn’t exist anywhere else.
Do you see your long-term future developing in Canada?
Yes, somewhere in the Greater Toronto Area where I am now.
Is Canada a good country to develop a professional career?
Definitely. You have exposure to a lot of different things. In Canada, if you go into a company and you are seen to be someone that will make the effort and step outside your comfort zone, they are more than happy to let you do that and let you grow into other positions.
What advice would you give to individuals looking to immigrate to Canada in the near future?
The best thing to do is to come with a positive attitude. It’s not always going to be easy. When I first came, I worked in a bakery shop in Orono, which was obviously not my dream career but you need Canadian experience to get any kind of position. Any kind of job you can get will help you. You can’t come to Canada, or any country, thinking that you’re just going to land your dream job straight away and everything is going to be rosy. It can be a hard slog and you have to be in the right place at the right time to get the positions. If you stick it out, the opportunities are there. It’s the land of immigrants, and they’re always looking for people that have different skill sets. If you come into it with the right attitude, that you’re willing to work hard and take on challenges, they’re happy to let you do that.
Do you think that the Express Entry system is good for selecting skilled immigrants?
Yes, definitely. I had heard a lot of horror stories [about previous immigration systems] that take years and years to get through, so I figured that because time was ticking on the visa that I had, even though it was valid until 2017, I didn’t want to have to wait. I can’t believe I’m the first person to get it through the new system!
What advice would you give someone who may immigrate to Canada through Express Entry?
A lot of it is about having all the information gathered together and being able to submit it quickly. If it had taken me two or three weeks to submit, then there are more people ahead of you in the queue, so to speak. I had all my information and documents to hand and was able to submit an application quickly. For example, they ask you where you have lived for the past 10 years and it needs to be exact, and you can’t just pull that out of nowhere.(CIC News)

Federal judge denies request to lift hold on Obama immigration action

President Barack Obama

A federal judge in Texas denied a Justice Department request Tuesday to lift his temporary hold on President Obama's executive action shielding potentially millions of illegal immigrants from deportation,according to Fox News.
U.S. District Judge Andrew Hanen refused to set aside his Feb. 16 decision granting a preliminary injunction requested by 26 states. The U.S. government wants the injunction lifted -- allowing Obama's action to proceed -- while it appeals Hanen's ruling to the 5th U.S. Circuit Court in New Orleans.
In his order Tuesday denying the government's request, Hanen said the government hasn't "shown any credible reason for why this Directive necessitates immediate implementation."
There was no immediate comment from the White House.
The Justice Department has already asked the 5th Circuit to lift the injunction. The appeals court was scheduled to hear arguments on whether the injunction should be lifted on April 17. In that case, the AFL-CIO has filed a brief in support of the administration -- though some labor groups have voiced concern about the impact illegal immigration has on U.S. jobs, the AFL-CIO and other unions also represent undocumented workers who already are here.
The coalition of states leading the challenge filed its lawsuit to overturn Obama's executive actions, which would prevent as many as 5 million people who are in the U.S. illegally from being deported. The states, led by Texas, argue that the action is unconstitutional and would force them to invest more in law enforcement, health care and education. The injunction is intended to stall Obama's actions while the lawsuit progresses through the courts.
Justice Department attorneys argue that keeping the temporary hold harms "the interests of the public and of third parties who will be deprived of significant law enforcement and humanitarian benefits of prompt implementation" of the president's immigration action.
Obama announced the executive orders in November, saying a lack of action by Congress forced him to make sweeping changes to immigration rules on his own.
Before ruling on the injunction, Hanen said he first wanted to hear from federal prosecutors about allegations that the U.S. government had misled him about the implementation of part of the immigration plan.
The first of Obama's orders -- to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children -- had been set to take effect Feb. 18. The other major part would extend deportation protections to parents of U.S. citizens and permanent residents who have been in the country for several years. That provision was slated to begin on May 19.
Hanen issued his initial injunction believing that neither of those orders had taken effect. About a month later, the Justice Department confirmed that more than 108,000 people had already received three-year reprieves from deportation and work permits, but DOJ attorneys insisted the moves were made under 2012 guidelines that weren't blocked by the injunction. The DOJ apologized for any confusion, but Hanen seemed unconvinced during a hearing last month and threatened to sanction the attorneys.
He wrote Tuesday that while the federal government had been "misleading" on the subject, he would not immediately apply sanctions against the government, saying to do so would not be "in the interests of justice or in the best interest of this country" because the issue was of national importance and the outcome will affect millions of people.
"The parties' arguments should be decided on their relative merits according to the law, not clouded by outside allegations that may or may not bear on the ultimate issues in this lawsuit," Hanen wrote.
Republicans hammered the administration after the latest decision.
"The Obama Administration’s blatant misrepresentations to the court about its implementation of expanded work permits for illegal immigrants under the President’s lawless amnesty plan reflects a pattern of disrespect for the rule of law in America," Texas Attorney General Ken Paxton said in a statement. "As the judge has affirmed, once put into effect, President Obama’s executive amnesty program will be virtually impossible to reverse."
In a separate order Hanen, told the government it has until April 21 to file to the court and plaintiffs detailed information about its March advisory about the 108,000 three-year reprieves.
The order asks the government to produce "any and all drafts" of the advisory, including information on when each draft was written, edited or revised. Hanen also asked for a list of each person who knew about the advisory.
The Associated Press contributed to this report.

U.S. to Grant Work Permits to Spouses of Some Skilled Immigrants

President Barack Obama

•       By
 
• LAURA MECKLER
 
• CONNECT

Columbus, OH. Spouses of certain high-skilled immigrants working in the U.S. will soon be able to apply for work authorization of their own, according to the Wall Street Journal.

The regulation is being published on Wednesday and will take effect 90 days later.

This change was already in the works before President Barack Obama announced a basket of executive actions on immigration in November, and was included in the package. It was one of the few things the administration said was legally doable for high-tech businesses without cooperation from Congress.

The change affects certain people with H-4 dependent spouse visas whose mates are seeking employment-based lawful permanent residence status, also known as a green card. They will now be allowed to work while their spouses’ applications are processed.

The government estimates that as many as 179,600 people will be eligible to apply for employment authorization in the first year, and 55,000 annually in subsequent years.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” León Rodríguez, director of the U.S. Citizenship and Immigration Services, said in a statement.

The announcement comes as Congress remains embroiled in a debate over funding for the Department of Homeland Security, which runs out at week’s end.

Many Republicans are refusing to extend funding for the agency in protest of the administration’s executive actions on immigration.

A federal district court in Texas has put a hold on the most controversial element of those actions, which offered some four million illegal immigrants the chance to apply for work permits and a reprieve from deportation.

The announcement was welcomed by Todd Schulte, president of FWD.us, the tech-backed pro-immigration lobby group.

“Today’s good news is another important step to fixing aspects of our broken immigration system – this time, it’s allowing spouses of certain workers to put their education, training and talents to work in the country they love and call home,” he said. “It’s a step forward, but it also shows just how many people are being stuck in the green card backlog who desperately need relief.”

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Immigration To Canada Through A Provincial Program

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Thousands are expected to receive permanent resident visas following nomination by a province

Since the launch of the Express Entry immigration selection system earlier this year, the role played by Canadian provinces within Canadian immigration policy has changed significantly. The most significant adjustment has been with respect to how a portion of the Provincial Nominee Programs (PNPs) are now aligned with the federal Express Entry system.

Columbus, Ohio - The provinces of Nova Scotia, British Columbia, Saskatchewan, Prince Edward Island, and Manitoba have already unveiled their respective Express Entry categories, and proactive candidates for Canadian immigration are taking advantage of the opportunities presented by these PNPs.

Background

In Canada, the federal government and the provinces and territories share jurisdiction over the selection of immigrants. Geographically and politically, Canada is divided into 10 provinces and three territories. Apart from the territory of Nunavut and the province of Quebec, which has its own unique immigration system outlined below, all other provinces and territories have immigration programs that allow them to nominate individuals who wish to immigrate to Canada and who are interested in settling in a particular province. The federal government then attends to health and security matters before issuing the permanent resident visa.

Provincial and territorial governments have been using these programs to welcome new permanent residents to Canada. Each PNP is tailored to the specific needs of the provinces and territories, which aim to select new immigrants who will be able to settle into life and work in the region and effectively contribute to the community, both socially and economically.

PNPs and Express Entry

Provinces and territories are able to nominate a certain number of candidates through the Express Entry system to meet local and provincial labour market needs. These portions of the PNPs are known as “enhanced” nominations.

Candidates in the Express Entry pool who obtain a nomination from a province are awarded 600 points under the Comprehensive Ranking System, out of a possible total of 1,200. When these additional points are added to a candidate’s human capital and skills transferability points, it will result in an invitation to apply for permanent residence at the next draw from the Express Entry pool.

With the minimum scores required in the first two draws from the Express Entry pool having been 886 and 818, respectively, it follows that every candidate who was issued on invitation to apply for permanent residence had either a provincial nomination or a qualifying job offer from a Canadian employer.

All candidates must meet the eligibility criteria of one of the following federal economic immigration programs in order to enter and be selected from the Express Entry pool:

Obama: 'Law is on our side' despite immigration ruling

Protesters gather outside the Brownsville, Texas, federal courthouse Jan. 15 to share stories of their immigration struggles. (Photo: Yvette Vela, AP)

Columbus, OH— President Obama said Tuesday he disagrees with a Texas judge whose ruling blocked his immigration actions, and his administration will appeal, according to USAToday.

"The law is on our side and history is on our side," Obama said in the Oval Office. He said his actions to defer deportations for potentially millions of migrants will improve a broken immigration system.

The administration is suspending its plans to allow undocumented immigrants to apply for legal status, Homeland Security Secretary Jeh Johnson said. Until that ruling is overturned on appeal, "we recognize we must comply with it," he said.

U.S. District Judge Andrew Hanen's decision late Monday blocked implementation of Obama's policy that would have granted legal status to millions of undocumented immigrants, allowing them to get driver's licenses, work permits and other government benefits.

Hanen's ruling came just as one of those executive actions was set to take effect Wednesday. That's when about 300,000 undocumented immigrants who came to the USA before age 16 — and who have lived here since 2010 — were eligible to apply for legal status. An additional 4 million who came to the USA as adults would become eligible in May.

The ruling comes as Congress debates how to extend funding authority for the Department of Homeland Security. House Republicans have passed a bill that would fund the department through September but block funding to enforce any of Obama's executive actions. Senate Democrats threatened a filibuster, and the White House threatened a veto.

The Big Elephant In the Room: Immigration Reform

By Emmanuel Olawale

(Being an excerpt of a speech titled "The Big Elephant In the Room: Immigration Reform" delivered at the Hispanic National Bar Association meeting, Columbus, Ohio, USA)

Columbus, OH: Immigration and its regulation is essential to the existence and continuous growth of the United States because we are a nation of immigrants. The foundation of this nation was built by immigrants, those who arrived on their own volition and those who were brought here by force either through slavery or human trafficking.
As we grow as a nation, over the centuries, there has always been new arrivals and each group of new immigrants faces discrimination and initial rejection. It used to be okay to discriminate against the Irish, then later the Germans, and at some point, the Italians.
The current wave of anti-immigrant sentiments are directed towards mostly Hispanic immigrants. However, what we fail to realize is that our current immigration problem is not a Hispanic problem, it is an American problem.
There are millions of undocumented immigrants from every continent on earth currently living in the United States, most are working under the shadows of legitimacy and being cheated by employers who knew their status before they hired them. Most have been present in the country for a long time and have built their lives and families here.
So we need comprehensive immigration reform to draw out these unrecognized and undocumented individuals living among us, working among us, raising their children, working our farmlands, cleaning our homes, bagging our groceries and contributing to our economy.
The ones that have been afforded temporary reprieves at the moment are children who were brought to the US while under the age of 16. President Obama's executive actions provided them with work authorizations and a promise that they will not be deported while their Deferred Action approval is valid and they have not committed any crime. This has allowed them to live their lives without the imminent threat and fear of being forcefully removed from the country they call home.
I have assisted so many of these DREAMers, most of them have compelling stories. I have a client who became an orphan at the age of 9. After the death of his parents, his aunt brought him to the United States with a visitors' visa. She enrolled him in school and he flourished. He graduated at the top of his High School class at the age of 16 and was offered admissions to several colleges. However, he could not accept the admissions because he was undocumented. He had to forgo the dream of college and began to work odd jobs where he was being paid slave wages. He learned to drive, but could not obtain a driver's license, not to mention register a car. Eight years later, when most of his contemporaries have graduated from colleges and some are in graduate schools and professional schools studying medicine and law. At the age of 24, he got a work permit under the executive action, he obtained his first driver's license and enrolled in college. He is now in his second year of college.
This story is the story of most immigrants. Most are people willing to work hard and willing to go the extra mile in their field of endeavors. These are people who need a hand up and not hand outs and they thrive when given the opportunity.
As an immigration attorney, I focus primarily on family-based immigration cases. I assist US citizens and permanent residents unite with their noncitizen spouses, children, parents and sometimes siblings. I also represent clients with asylum claims, those who have fled their home countries because of persecution, torture or unjust imprisonment as a result of their race, ethnicity, religious beliefs or political affiliations.
Sometimes, immigration law intertwines with criminal law. I call this crimmigration. Sometimes, some crimes when committed by immigrants (even permanent residents), are deemed deportable, whereas if the same were committed by an American, their punishment would not be banishment. For example if an immigrant is convicted of 2 crimes of moral turpitude regardless of the degree, he is deemed deportable. If let’s say, she goes to a store and shoplifts a bottle of soda and a piece of candy, both less than $3, under current law, they can be deported for these crimes even if there was no jail time served.
When representing the immigrant client, especially in criminal cases, it is important for criminal attorneys to consider the immigration consequences of certain pleas before they advise their clients to take the plea. Often times, clients are advised to plead guilty just because of the promise of no jail time. Some of these pleas can have dire consequences worse than jail time. So, when in doubt, contact an immigration attorney for clarification.
I had a client who pled guilty to 2 counts of petty theft for stealing merchandise at TJ Maxx, totaling less than $30 when he was 18 years old. The judge ordered him to complete community service and forbade him from returning to the store.
Nineteen years after these guilty pleas, he was still a permanent resident, married with kids and with a good job. Over the years, he has been squeaky clean with no other arrests or other criminal charges. Yet, immigration agents decided to deport him because of the 19 year old crimes, a stupid error he made when he was a teenager came back to torpedo his life almost two decades later.
Immigration agents locked him up in jail for 5 months before his family hired me. At that time, he had spent both Christmas and Easter in detention. I was able to step in and convince the same court that convicted him to vacate the 19 year old convictions because he was not properly advised of the immigration consequences of the pleas. The court agreed and vacated the guilty pleas. It was only after this, that immigration agents set him free.
Our current immigration laws need to be upgraded to conform to the reality of our time. Most of the laws on the books are obsolete and does not expedite the unification of families in all cases.
We have to uphold our laws and simultaneously extend compassion to the deserving aliens among us. We cannot claim to be the home of the brave and the land of the free by separating families, deporting parents of our citizen children, who are working hard, have not committed any crime and have made this country their home for years.
We need to come together to address the giant elephant in the room and understand that the immigration problem is not an ethnic problem, it's not a sectional problem, but our collective social and economic problem.
( Emmanuel Olawale is a trial lawyer who has successfully litigated several personal injury, immigration, and other civil cases. He is based in Columbus, Ohio)