New Hampshire Primary

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NAFTA TN Visa Regulations. Title 8 CFR § 214.6

Canadian and Mexican citizens seeking temporary entry to engage in business activities at a professional level.

(a) General. Under section 214(e) of the Act, a citizen of Canada or Mexico who seeks temporary entry as a business person to engage in business activities at a professional level may be admitted to the United States in accordance with the North American Free Trade Agreement (NAFTA).

(b) Definitions. As used in this section, the terms:

Business activities at a professional level means those undertakings which require that, for successful completion, the individual has a least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession set forth in Appendix 1603.D.1 of the NAFTA.

Business person, as defined in the NAFTA, means a citizen of Canada or Mexico who is engaged in the trade of goods, the provision of services, or the conduct of investment activities.

Engage in business activities at a professional level means the performance of prearranged business activities for a United States entity, including an individual. It does not authorize the establishment of a business or practice in the United States in which the professional will be, in substance, self-employed. A professional will be deemed to be self-employed if he or she will be rendering services to a corporation or entity of which the professional is the sole or controlling shareholder or owner.

Temporary entry, as defined in the NAFTA, means entry without the intent to establish permanent residence. The alien must satisfy the inspecting immigration officer that the proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. In order to establish that the alien’s entry will be temporary, the alien must demonstrate to the satisfaction of the inspecting immigration officer that his or her work assignment in the United States will end at a predictable time and that he or she will depart upon completion of the assignment.

(c) Appendix 1603.D.1 to Annex 1603 of the NAFTA. Pursuant to the NAFTA, an applicant seeking admission under this section shall demonstrate business activity at a professional level in one of the professions set forth in Appendix 1603.D.1 to Annex 1603. The professions in Appendix 1603.D.1 and the minimum requirements for qualification for each are as follows: n1

n1 A business person seeking temporary employment under this Appendix may also perform training functions relating to the profession, including conducting seminars.

APPENDIX 1603.D.1 (ANNOTATED)

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Accountant -- Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A., or C.M.A.

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Architect -- Baccalaureate or Licenciatura Degree; or state/provincial license. n2

n2 The terms “state/provincial license” and “state/provincial/federal license” mean any document issued by a state, provincial, or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession.

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Computer Systems Analyst -- Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma n3 or Post Secondary Certificate n4 and three years’ experience.

n3 “Post Secondary Diploma” means a credential issued, on completion of two or more years of post secondary education, by an accredited academic institution in Canada or the United States.

n4 “Post Secondary Certificate” means a certificate issued, on completion of two or more years of post secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.

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Disaster relief insurance claims adjuster (claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) -- Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims.

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Economist -- Baccalaureate or Licenciatura Degree.

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Engineer -- Baccalaureate or Licenciatura Degree; or state/provincial license.

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Forester -- Baccalaureate or Licenciatura Degree; or state/provincial license.

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Graphic Designer -- Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate and three years experience.

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Hotel Manager -- Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post Secondary Certificate in hotel/restaurant management and three years experience in hotel/restaurant management.

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Industrial Designer -- Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate, and three years experience.

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Interior Designer -- Baccalaureate or Licenciatura Degree or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.

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Land Surveyor -- Baccalaureate or Licenciatura Degree or state/provincial/federal license.

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Landscape Architect -- Baccalaureate or Licenciatura Degree.

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Lawyer (including Notary in the province of Quebec) -- L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar.

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Librarian -- M.L.S., or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite).

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Management Consultant -- Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement.

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Mathematician (including Statistician) n5 -- Baccalaureate or Licenciatura Degree.

n5 The term “Mathematician” includes the profession of Actuary. An Actuary must satisfy the necessary requirements to be recognized as an actuary by a professional actuarial association or society. A professional actuarial association or society means a professional actuarial association or society operating in the territory of at least one of the Parties.

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Range Manager/Range Conservationist -- Baccalaureate or Licenciatura Degree.

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Research Assistant (working in a post-secondary educational institution) -- Baccalaureate or Licenciatura Degree.

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Scientific Technician/Technologist n6 -- Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research.

n6 A business person in this category must be seeking temporary entry for work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics.

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Social Worker -- Baccalaureate or Licenciatura Degree.

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Sylviculturist (including Forestry Specialist) -- Baccalaureate or Licenciatura Degree.

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Technical Publications Writer -- Baccalaureate or Licenciatura Degree, or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.

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Urban Planner (including Geographer) -- Baccalaureate or Licenciatura Degree.

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Vocational Counselor -- Baccalaureate or Licenciatura Degree.

MEDICAL/ALLIED PROFESSIONALS

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Dentist -- D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license.

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Dietitian -- Baccalaureate or Licenciatura Degree; or state/provincial license.

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Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) n7 -- Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.

n7 A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for diagnosis, treatment, or prevention of diseases.

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Nutritionist -- Baccalaureate or Licenciatura Degree.

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Occupational Therapist -- Baccalaureate or Licenciatura Degree; or state/provincial license.

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Pharmacist -- Baccalaureate or Licenciatura Degree; or state/provincial license.

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Physician (teaching or research only) -- M.D. Doctor en Medicina; or state/provincial license.

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Physiotherapist/Physical Therapist -- Baccalaureate or Licenciatura Degree; or state/provincial license.

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Psychologist -- state/provincial license; or Licenciatura Degree.

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Recreational Therapist -- Baccalaureate or Licenciatura Degree.

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Registered nurse -- state/provincial license or Licenciatura Degree.

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Veterinarian -- D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license.

SCIENTIST

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Agriculturist (including Agronomist) -- Baccalaureate or Licenciatura Degree.

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Animal Breeder -- Baccalaureate or Licenciatura Degree.

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Animal Scientist -- Baccalaureate or Licenciatura Degree.

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Apiculturist -- Baccalaureate or Licenciatura Degree.

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Astronomer -- Baccalaureate or Licenciatura Degree.

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Biochemist -- Baccalaureate or Licenciatura Degree.

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Biologist n8 -- Baccalaureate or Licenciatura Degree.

n8 The term “Biologist” includes the profession of Plant Pathologist.

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Chemist -- Baccalaureate or Licenciatura Degree.

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Dairy Scientist -- Baccalaureate or Licenciatura Degree.

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Entomologist -- Baccalaureate or Licenciatura Degree.

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Epidemiologist -- Baccalaureate or Licenciatura Degree.

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Geneticist -- Baccalaureate or Licenciatura Degree.

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Geochemist -- Baccalaureate or Licenciatura Degree.

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Geologist -- Baccalaureate or Licenciatura Degree.

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Geophysicist (including Oceanographer in Mexico and the United States) -- Baccalaureate or Licenciatura Degree.

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Horticulturist -- Baccalaureate or Licenciatura Degree.

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Meteorologist -- Baccalaureate or Licenciatura Degree.

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Pharmacologist -- Baccalaureate or Licenciatura Degree.

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Physicist (including Oceanographer in Canada -- Baccalaureate or Licenciatura Degree.

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Plant Breeder -- Baccalaureate or Licenciatura Degree.

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Poultry Scientist -- Baccalaureate or Licenciatura Degree.

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Soil Scientist -- Baccalaureate or Licenciatura Degree.

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Zoologist -- Baccalaureate or Licenciatura Degree.

TEACHER

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College -- Baccalaureate or Licenciatura Degree.

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Seminary -- Baccalaureate or Licenciatura Degree.

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University -- Baccalaureate or Licenciatura Degree.

(d) Classification of citizens of Canada or Mexico as TN professionals under the NAFTA.

(1) Citizens of Mexico. A citizen of Mexico who seeks temporary entry as a business person to engage in business activities at a professional level may be admitted to the United States in accordance with NAFTA upon presentation of a valid passport and valid TN nonimmigrant visa at a United States Class A port-of-entry, at a United States airport handling international traffic, or at a United States pre-clearance/pre-flight station.

(2) Citizens of Canada. A citizen of Canada seeking temporary entry as a business person to engage in business activities at a professional level shall make application for admission with a Department officer at the United States Class A port-of-entry, at a United States airport handling international traffic, or at a United States pre-clearance/pre-flight station.

(3) Documentation. Upon application for a visa at a United States consular office, or, in the case of a citizen of Canada making application for admission at a port-of-entry, an applicant under this section shall present the following:

(i) Proof of citizenship. A Mexican citizen applying for admission as a TN nonimmigrant must establish such citizenship by presenting a valid passport. Canadian citizens, while not required to present a valid passport for admission unless traveling from outside the Western hemisphere, must establish Canadian citizenship.

(ii) Documentation demonstrating engagement in business activities at a professional level and demonstrating professional qualifications. The applicant must present documentation sufficient to satisfy the consular officer (in the case of a Mexican citizen) or the Department officer (in the case of a Canadian citizen) that the applicant is seeking entry to the United States to engage in business activities for a United States employer(s) or entity(ies) at a professional level, and that the applicant meets the criteria to perform at such a professional level. This documentation may be in the form of a letter from the prospective employer(s) in the United States or from the foreign employer, and must be supported by diplomas, degrees or membership in a professional organization. Degrees received by the applicant from an educational institution not located within Canada, Mexico, or the United States must be accompanied by an evaluation by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials. The documentation shall fully affirm:

(A) The Appendix 1603.D.1 profession of the applicant;

(B) A description of the professional activities, including a brief summary of daily job duties, if appropriate, in which the applicant will engage in for the United States employer/entity;

(C) The anticipated length of stay;

(D) The educational qualifications or appropriate credentials which demonstrate that the Canadian or Mexican citizen has professional level status; and

(E) The arrangements for remuneration for services to be rendered.

(e) Procedures for admission for a citizen of Canada or Mexico.

A citizen of Canada or Mexico who qualifies for admission under this section shall be provided confirming documentation (Form I-94) and shall be admitted under the classification symbol TN for a period not to exceed one year. Form I-94 shall bear the legend “multiple entry”. The fee prescribed under 8 CFR 103.7(b)(1) shall be remitted by Canadian Citizens upon admission to the United States pursuant to the terms and conditions of the NAFTA. Upon remittance of the prescribed fee, the TN applicant for admission shall be provided a Department-issued receipt (Form G-211, Form G-711, or Form I-797).

(f) Reserved.

(g) Readmission.

(1) Canadian citizens. A Canadian citizen in this classification may be readmitted to the United States for the remainder of the period authorized on Form I-94, without presentation of the letter or supporting documentation described in paragraph (e)(3) of this section, and without remittance of the prescribed fee, provided that the original intended professional activities and employer(s) have not changed. If the Canadian citizen seeking readmission to the United States is no longer in possession of a valid, unexpired Form I-94, and the period of initial admission has not lapsed, he or she shall present alternate evidence in order to be readmitted in TN status. This alternate evidence may include, but is not limited to, a Service fee receipt for admission as a TN or a previously issued admission stamp as TN in a passport, and a confirming letter from the United States employer(s). A new Form I-94 shall be issued at the time of readmission bearing the legend “multiple entry”.

(2) Mexican citizens. A Mexican citizen in this classification may be readmitted for the remainder of the period of time authorized on Form I-94 provided that the original intended professional activities and employer(s) have not changed. If the Mexican citizen seeking readmission to the United States is no longer in possession of a valid, unexpired Form I-94, he or she may be readmitted upon presentation of a valid TN visa and evidence of a previous admission. A new Form I-94 shall be issued at the time of readmission bearing the legend “multiple entry”.

(h) Extension of stay.

(1) Filing at the service center. The United States employer of a citizen of Canada or Mexico in TN status or a United States entity, in the case of a citizen of Canada or Mexico in TN status who has a foreign employer, may request an extension of stay by filing Form I-129 with the prescribed fee noted at 8 CFR 103.7(b)(1), with the Nebraska Service Center. The beneficiary must be physically present in the United States at the time of the filing of the extension of stay. If the alien is required to leave the United States for any reasons while the extension request is pending, the petitioner, in the case of a Mexican citizen TN beneficiary, may request the director to cable notification of approval to the consular office abroad where the Mexican TN beneficiary will apply for a visa. In the case of a Canadian TN beneficiary, the petitioner may request the director to cable notification of approval of the application to the port-of-entry where the Canadian TN beneficiary will apply for admission to the United States. If approved, an extension of stay may be authorized for up to one year. There is no specific limit on the total period of time an alien may remain in TN status.

(2) Readmission at the border. Nothing in paragraph (h)(1) of this section shall preclude a citizen of Canada or Mexico who has previously been in the United States in TN status from applying for admission for a period of time that extends beyond the date of his or her original term of admission at any United States port-of-entry. The application for admission shall be supported by a new letter from the United States employer or the foreign employer, in the case of a citizen of Canada who is providing prearranged services to a United States entity, which meets the requirements of paragraph (e) of this section. The fee prescribed under 8 CFR 103.7(b)(1) shall be remitted by Canadian citizens upon admission to the United states pursuant to the terms and conditions of the NAFTA. Citizens of Mexico must present a valid passport and nonimmigrant TN visa when applying for readmission, as outlined in paragraph (d)(1) of this section.

(i) Request for change or addition of United States employers.

(1) Filing at the service center. A citizen of Canada or Mexico admitted into the United States as a TN nonimmigrant who seeks to change or add a United States employer during the period of admission must have the new employer file a Form I-129 with appropriate supporting documentation, including a letter from the new employer describing the services to be performed, the time needed to render such services, and the terms of remuneration for services. Employment with a different or with an additional employer is not authorized prior to Department approval of the request.

(2) Readmission at the border. Nothing in paragraph (i)(1) of those section precludes a citizen of Canada or Mexico from applying for readmission to the United States for the purpose of presenting documentation from a different or additional United States or foreign employer. Such documentation shall meet the requirements prescribed in paragraph (d) of this section. The fee prescribed under 8 CFR 103.7(b)(1) shall be remitted by Canadian citizens upon admission to the United States pursuant to the terms and conditions of the NAFTA. Citizens of Mexico may present documentation from a different or additional United States or foreign employer to a consular officer as evidence in support of a new nonimmigrant TN visa application.

(3) No action shall be required on the part of a citizen of Canada or Mexico in TN status who is transferred to another location by the same United States employer to perform the same services. Such an acceptable transfer would be to a branch or office of the employer. In a case of a transfer to a separately incorporated subsidiary or affiliate, the requirements of paragraphs (i)(1) and (i)(2) of this section will apply.

(j) Spouse and unmarried minor children accompanying or following to join.

(1) The spouse of unmarried minor child of a citizen of Canada or Mexico admitted in TN nonimmigrant status shall be required to present a valid, unexpired nonimmigrant TD visa unless otherwise exempt under § 212.1 of this chapter.

(2) The spouse and dependent minor children shall be issued confirming documentation (Form I-94) bearing the legend “multiple entry”. There shall be no fee required for admission of the spouse and dependent minor children.

(3) The spouse and dependent minor children shall not accept employment in the United States unless otherwise authorized under the Act.

(k) Effect of a strike.

If the Secretary of Labor certifies to or otherwise informs the Commissioner that a strike or other labor dispute involving a work stoppage of workers is in progress, and the temporary entry of a citizen of Mexico or Canada in TN nonimmigrant status may affect adversely the settlement of any labor dispute or the employment of any person who is involved in such dispute:

(1) The United States may refuse to issue an immigration document authorizing entry or employment to such alien.

(2) A Form I-129 seeking to classify a citizen of Mexico as a TN nonimmigrant may be denied. If a petition has already been approved, but the alien has not yet entered the United States, or has entered the United States but not yet commenced employment, the approval of the petition may be suspended.

(3) If the alien has already commenced employment in the United States and is participating in a strike or other labor dispute involving a work stoppage of workers, whether or not such strike or other labor dispute has been certified by the Department of Labor, or whether the Service has been otherwise informed that such a strike or labor dispute is in progress, the alien shall not be deemed to be failing to maintain his or her status solely on account of past, present, or future participation in a strike or other labor dispute involving a work stoppage of workers, but is subject to the following terms and conditions:

(i) The alien shall remain subject to all applicable provisions of the Immigration and Nationality Act and regulations promulgated in the same manner as all other TN nonimmigrants;

(ii) The status and authorized period of stay of such an alien is not modified or extended in any way by virtue of his or her participation in a strike or other labor dispute involving a work stoppage of workers; and

(iii) Although participation by a TN nonimmigrant alien in a strike or other labor dispute involving a work stoppage of workers will not constitute a ground for deportation, any alien who violates his or her status or who remains in the United States after his or her authorized period of stay has expired will be subject to deportation.

(4) If there is a strike or other labor dispute involving a work stoppage of workers in progress, but such strike or other labor dispute is not certified under paragraph (k)(1) of this section, or the Service has not otherwise been informed by the Secretary that such a strike or labor dispute is in progress, the Commissioner shall not deny a petition, suspend an approved petition, or deny entry to an applicant for TN status.

Immigration & The Baby Boom

It is time to address the chronic issue of too few visa numbers for skilled worker green cards and specialty occupation H-1B visas. Contact your congressional representative and let them know you support increasing the quota numbers.

The baby boomer generation is retiring, marking the exit of thousands of skilled, experienced workers from the U.S. workforce.

Who will replace these people? It should be a healthy mix of U.S. citizens, U.S. permanent residents and U.S. non-immigrant visa holders taking the jobs, but it will likely not play out that way. There are too few work visas available every year to fill the growing number of created jobs, let alone the existing jobs that require replacement workers. Most importantly, there are not any where near enough Americans to fill the jobs. Therefore, those jobs that cannot be filled will simply go overseas to another country with a more realistic immigration attitude. In economic terms, we are starving ourselves of the supply and the demand for a specialized work force. We will end up with executives with nothing to execute.

Unless we find a way to increase the number of visas available each year, we will continue to turn away the worlds best and brightest individuals, many of whom get their education in the U.S. and have no choice but to enter a different country and contribute to its well being. They want to stay, they are already here and so obviously do not pose any threat whatsoever, but we are afraid of something. What?

Initiate some change. You can find contact information for your congressional representative here:
http://www.congressmerge.com/onlinedb/index.htm
Tell your representative you want them to fight for an increase in the immigration quota numbers.

New U Visa - Victims of Trafficking and Violence

People in the United States illegally who are victims of violent crimes and are actively helping law enforcement to solve the cases can now apply for a U visa. The visa is valid for up to 4 years and leads to permanent residence.

Citizenship and Immigration Services took seven years to implement the visa category because developing the specific regulations involved federal, state and local agencies.

Victims of rape, torture, child abuse and other crimes may stay in the country for four years and apply for permanent resident status along with their dependent family members. Witnesses to certain violent crimes can also obtain the visa and need not be the victims.


In order to qualify for U Visa, the applicant must be the victim of one or more of the following crimes or any similar activity in violation of Federal State, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.

Applicants for the U visa must submit a declaration, information on the crime or incident, a certification letter from the law enforcement agency handling their cases that confirms that they are assisting investigators, and proof of substantial mental or physical abuse.

Temporary employment authorization is likely to be issued to applicants while they await adjudication of the visa.

10,000 of the visas will be available each fiscal year.

If you would like to learn more about this visa or any other U.S. immigration law issue, please contact one of our immigration attorneys directly at (206) 262-0561 Seattle; (360) 734-5260 Bellingham; (604) 495-6392 Vancouver; or email me - duncan@usborderlaw.com

Bianca Jagger Evicted - Not a NY 'Resident.'

Bianca Jagger will have to move out of her NY apartment because she is only a visitor in the U.S. and cannot treat the apartment as her primary residence. The owner of the Park Avenue apartment can evict Jagger and raise the rent, currently over $4600 per month. Jagger had been withholding rent from her landlord due to issues with mould in the edifice. The landlord sued to evict Jagger and won. She must leave and pay back rent and possibly court costs.

Park Avenue, New York

The NY court of appeals agreed with the Landlord's immigration based strategy, focusing on the fact that a B-2 visa is for temporary visits and will not allow a person to 'live' in the U.S. or treat a U.S. residence as their primary residence. When NY rent-stabilized properties change hands, the rent amounts may be increased to the market rate.

This begs the question: What does it mean to live somewhere?

Under U.S. law, you may only live in the U.S. under certain types of visas, and a B-2 will not support anything but brief, casual visits (up to 180 days per visit for non visa waiver country nationals, and 90 days for those from the 27 visa waiver countries).

However, where someone 'lives' is not as simple as determining their nationality. Jagger had rented the apartment for 20 years, and routinely stayed in New York, although she also has an apartment in London, England. I submit that where someone lives is their own fiction, and where they feel at home. I routinely counsel individuals to know where they are entitled to live and where they are not, and to be very careful about the subtle but very important difference between living somewhere and simply visiting.

Work authorization and Tax returns are a good test. If you are allowed to visit, but not entitled to work or file a tax return in a country, you probably cannot consider yourself to be living there.

If you would like to learn more about this or any other U.S. immigration law issue, please contact one of our immigration attorneys directly at (206) 262-0561 Seattle; (360) 734-5260 Bellingham; (604) 495-6392 Vancouver; or email me - duncan@usborderlaw.com

We are happy to let you speak directly with an experienced immigration lawyer.

The Immigration 'Problem.' We need to create another option.

A sign warning drivers near the border about families running across the freeway.

If there are enough people running across the freeway near the border that the government needs to put a sign up, we have a problem. The U.S. immigration problem is very complex but has been contorted to get it into sounds bytes by the current policy machines. The result is an either / or scenario and a race to the bottom, where the two political parties argue their polar stances in blue or red ties. But this sign says it all. It is more practical, safer and more humane to  address the issue and do something to protect those in our country than to ignore the people . 

In immigration law, it is easy to slip into the habit of creating a dichotomy out of every issue:

• You're either an immigrant (permanent intent) or a non-immigrant (temporary intent);
• You're legal or illegal;
• A citizen or an alien;
• Admitted or not admitted;
• Admissible or inadmissible;
• Have been convicted or have not been convicted of a crime; and,

• Your permanent residence has conditions attached to it or does not. That is when you were granted permanent residence you were given only two years to begin with and must release conditions (show that you are still married to or working for the petitioner , or are not but had a bona fide relationship not just for immigration benefits at the time you applied for and were granted benefits), or you were given full permanent resident status.
  

This seems to be the trap that many commentators, legislators and critics have fallen into when discussing the current population of individuals who entered the U.S. without inspection. It is difficult to get past the notion of giving illegal aliens permanent resident status without creating an incentive for future illegal entrants, so I think the only way to move on is to create a new, third residence status - Probationary Residence. This status would only apply to people currently physically present, so registering after the initiation date would be futile.

I propose that when it comes to creating a legal method for these people to cure their immigration status, we need the new status to account for the fact that these people are not here temporarily but are not considered permanent either, and so can enter into a status that allows them to convert to another status. No conversion and they must leave when the status expires - just like non-immigrant visa holders.

We could pick a date, say January 1, 2008, and make it so that anyone who does not register with the government and prove that they are physically present on or before that date cannot come forward for benefits. We would have to ensure that this would not be a 'round-up' and that coming forward to register physical presence would definitely not lead to enforcement action.

Those people who do register to prove that they are physically present would then pay for a number and wait for it to be called. Once called, those people would have to establish that they do not have any criminal issues (other than working without authorization and the attendant documentary issues) and could be given Probationary Residence. This status could require them to report frequently their whereabouts and perhaps could include an auto-deduct from their pay to cover the costs of the immigration processing instead of making them pay for it all at once. 12 million people coming forward would need to be delicately handled, so payment for the proof of physical presence and a number in line would likely need to be more than the current cost of attaining a green card ($1365).

This probationary status would only last for a specified time, during which the people could convert to another status without being treated as having entered without inspection. This would allow family members to petition for each other and for employers to hire workers legitimately and would not make the current illegal population so afraid to become witnesses in criminal cases or to comply with laws designed to protect all Americans from harm - such as driving regulations and workplace certifications.

Probationary Residence would not be amnesty. Those that could not come forward because of criminal issues would not be able to keep up with what is sure to become a society where identity is too hard to fake and anonymity is impossible. The process of elimination would allow enforcement to focus on the people that do need to be removed and would create an even greater incentive for people with no criminal issues to come forward.

This is a very difficult issue that seems to be stuck without resolution because we can't see past the dichotomy of permanent versus temporary. If the U.S. wants to remain competitive going forward, we will need to convert these valuable people into meaningful participants in our society or paranoia will overcome us and we will grow even more divided. Right now, we have no conceptual answer to the issue and that is what we need. Do we really think that the undocumented population does not intend to stay? Then why do we treat this as a temporary problem when it is so obviously permanent. Why? Because we don't have a choice such as Probationary Residence to rely on.

If we had Probationary Residence we could have a population of legal, admitted, admissible aliens with hope and incentive instead of a population of illegal, undocumented people that are not available for the U.S. economy and society to embrace.

If you would like to learn more about this or any other issue concerning U.S. immigration law, please contact one of our immigration attorneys directly at Seattle (206) 262-0561; Bellingham (360) 734-5260; Vancouver (604) 495-6392; or email me - duncan@usborderlaw.com

We are always glad to connect you directly with an experienced immigration lawyer.

Green Card Replacement Scheme

The USCIS recently announced that persons holding green cards that do not have an expiration date must renew them. It is anticipated that many hundreds of thousands of people will have to file by a deadline, and that will present a major logistical challenge.

Immigration Reform Bill - Dead - 6/28/2007

Today the tables turned once again, and the Senate voted to kill the Comprehensive Immigration Reform bill with only 44 voting in favor.

On one hand this is good, as it will prevent some seriously restrictive measures from being enacted, but on the other hand, it cuts off the potential for legalization for what is clearly many more than 12 million people living in the United States illegally.

Yesterday, the USCIS announced that it will no longer accept premium processing for I-140 petitions. This is devastating to many people's timing estimates, but follows an announcement recently that the EB-3 employment based immigrant category is current. This is good news, but will undoubtedly wreak havoc on the system as people scramble to file before it retrogresse once more. Moreover, fees increase by 66% on July 30, 2007. July will prove to be a busy month for all involved.

Immigration Bill - Revived for Now

WASHINGTON - The Senate killed a Republican proposal today requiring ALL adult illegal immigrants to return home temporarily if they want to qualify for permanent lawful status in the U.S.

The Senate also killed a Democratic bid to only confer legal status to those who have been in the U.S. for four or more years.

The vote was 53-45 to stall an amendment by Senator Hutchison (R- Texas), to require that illegal immigrants go home within two years in order to qualify for a renewable Z visa to live and work legally in the United States.

The bill could grant status to as many as 12 million illegal immigrants and now requires only heads of household seeking U.S. status to return to their home country to apply for green cards.

The Senate also killed a proposal by Senator Webb (D- Virginia), to allow only those who had been in the country for at least four years to gain lawful status. The bill would make illegal aliens physically present in the U.S. by Jan. 1, 2007 eligible for legalization.

The revived immigration measure would toughen border security and institute a new system for turfing illegal immigrants from U.S. workplaces.

Conservatives call the measure too lenient, but liberals say it will separate families and subject guest workers to abject exploitation.

A test vote on the entire bill S 1639 is set for Thursday.

Immigration Bill - Undead and kicking.

Final Immigration Vote Friday

Senate Majority Leader Reid intends to file a second cloture petition Tuesday on a sweeping immigration measure, setting up a Thursday vote to limit debate. If that motion is approved, a final vote would occur Friday, possibly after a "vote-a-rama" on amendments, Democratic leadership aides said today. The Senate will vote on a separate cloture motion Tuesday and -- assuming it passes, and several insiders predict it will -- the next step for Reid would be to offer his omnibus amendment that contains all the Democratic and Republican proposals that will receive votes this week. Aides said the timing and order of the amendment votes is being negotiated. Republicans want to vote on several amendments before Thursday's cloture vote. Many of their decisions on whether to support the second cloture motion depends on whether certain amendments pass.
Immigrant advocates are reviewing an enforcement amendment that is considered critical to Republican support. The amendment by Senate Republican Conference Chairman Jon Kyl of Arizona and Sens. Lindsey Graham, R-S.C., and Mel Martinez, R-Fla., would require illegal immigrants seeking a "Z" visa to return to their home countries and receive certification at a U.S. consulate.
The earlier "touchback" raises questions about whether the legalization program would work. Angela Kelly, deputy director of the advocacy group National Immigration Forum, said illegal immigrants must have confidence in the program for it to work.
"If there's one thing that rattles people's nerves, it's dealing with their consulates," she said. Still, immigrant advocates know that keeping the immigration bill alive depends on attracting enough Republican support. NIF has yet to take a position on the amendment.
Negotiators are still attempting to determine how to handle two amendments on H-1B visas -- one from Majority Whip Durbin that would tighten restrictions on employers using the high-tech guestworker program and another from Sen. Maria Cantwell, D-Wash., and Kyl that would increase the number of annual H-1Bs.
Durbin and the high-tech industry have been trading proposals for over a week on how to meld the two H-1B amendments into one proposal, but they might not have succeeded. A Durbin aide said this afternoon that Durbin's proposal would receive a separate vote from the Cantwell-Kyl proposal. The Cantwell-Kyl proposal will be folded into the broader Kyl-Graham-Martinez enforcement amendment.
The Durbin amendment would bar employers from hiring more than 30 percent of H-1B visa holders at the lowest of four skill levels. A counterproposal from Compete America, a coalition lobbying for access to H-1B workers, would give the Labor secretary authority to investigate any employer whose H-1B workforce exceeds 30 percent in the lowest skill level. "Thirty percent is an artificial barrier," said Oracle President Robert Hoffman. While Compete America is troubled by some of Durbin's proposal, it is lobbying heavily for the adoption of the Cantwell-Kyl amendment. "If Cantwell-Kyl is adopted, we're urging members to support the bill," Hoffman said. -- by Fawn Johnson

Seattle Immigration Court & Port Court at the United States Border with Canada

If a person seeks to enter the United States but is deemed inadmissible by Customs and Border Protection at a Port of Entry (such as, Surrey, Blaine, Abbotsford, Sumas, Lynden) or Pre-Clearance at an International Airport (such as, Vancouver International YVR, Seattle SEATAC, Portland, San Francisco), that person will be refused / denied entry to the U.S. and may be placed in removal / exclusion proceedings in front of an immigration judge. In many cases, the person will simply be barred from reentry to the U.S. with no opportunity to appear in front of a judge under a process known as Expedited Removal. In expedited removal cases, it may be possible to return to a Port of Entry to be placed in removal proceedings, although this is not recommended unless advised by an experienced immigration attorney.

If the government opts to initiate removal / exclusion proceedings, it will serve the person with a Notice to Appear (NTA) and return the person to their country of nationality. Often, the Notice to Appear will not have a definite date set for the first hearing, it will merely say 'Date to be Set.' It is very important for the recipient of a Notice to Appear to notify the government of any changes in address as soon as possible, otherwise any subsequent notices setting defined dates may not be delivered, and this may result in the person failing to appear and thereby barring themselves from U.S. immigration benefits for a long period, possibly forever.

Seattle Immigration Court - 1000 2nd Ave, Seattle WA

For British Columbians, the Seattle Immigration Court operates a Port Court on Fridays at the Canadian border. Hearings are held above the U.S. Immigration offices at the Peace Arch Border Crossing in Blaine, WA. In each case in front of an immigration judge there will generally be two hearings - a Master Calendar Hearing and an Individual Calendar Hearing. At the Master Calendar Hearing, the Department of Homeland Security will have counsel present, and the Respondent (the defendant alien) must be present. The judge will ask the respondent if he or she waives a reading of the allegations and what relief is being sought. The respondent will have an opportunity to admit or deny any of the allegations (birth place, nationality, purpose of entry to the U.S., any criminal or immigration violations, intention to commit a crime, criminal convictions, admissions, etc.) and may agree to 1) proceed to the Individual Calendar hearing to discuss the merits of the case or 2) seek to terminate the case either by withdrawal of the application to enter the U.S. or 3) concede removability and accept voluntary departure.

Port Court at the Peace Arch Border Crossing - Blaine, Washington

Immigration court can be an opportunity to overcome an unwarranted exercise of power at the border or to seek relief after an immigration violation or filing error. It can also be a place where coincidental facts can go undefended and create enormous immigration problems for those unprepared to prove their innocence. The proceedings move very quickly and immigration law is very complex and frequently changes. It is advised that anyone who is placed in immigration proceedings consult with a lawyer who has experience in front of the specific court involved.

H-1B Specialty Occupation Visas - Basic Eligibility

H-1B Status is for persons in a "specialty occupation" in the U.S. that requires "theoretical and practical application of highly specialized knowledge." A bachelor's level or higher degree must be a minimum requirement for the occupation in the U.S., and the person coming to work in H-1B status must have attained a bachelor's or higher degree, or have the ability to prove equivalent training, experience and recognition in the field of endeavour.

There are also H visas available for Fashion Models, Health Care Workers and Seasonal Workers that are not included within the scope of this article.

To be a 'Specialty Occupation', the position must meet one of the following four criteria:

• Attainment of a Bachelor's or higher degree or its equivalent is normally the minimum requirement for entry into the position; or,
  
• The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, and employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; or,
• The employer normally requires a degree or its equivalent for the position; or,
• The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.
  

The petitioner (employer) requesting the work visa for the beneficiary (foreign worker) must submit a petition along with the following:

• A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary; and,
• A statement that it will comply with the terms of the labor condition application for the duration of the beneficiary's authorized period of stay; and,
• Evidence that the beneficiary qualifies to perform services in the specialty occupation.
  

The beneficiary (employee) must meet one of the following criteria:

• Holds a United States bachelor's degree or higher degree required by the specialty occupation from an accredited college or university; or,
• Holds a foreign degree determined to be equivalent to a United States bachelor's or higher degree required by the specialty occupation from an accredited college or university; or,
• Holds an unrestricted State license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or,
• Has education, specialized training, and/or progressively responsible experience that is equivalent to completion of United States bachelor's or higher degree in the specialty occupation, and has recognition of expertise in the specialty through progressively responsible positions directed related to the specialty.
  

Options for Foreign Persons Married to or About to Marry U.S. Citizens

Each year we help hundreds of people to become U.S. permanent residents. There are generally four routes, depending upon whether the couple is already married, whether the foreign person is already in the United States, and whether it will be necessary for that person to travel while awaiting adjudication.

1. The K-1 Fiance/Fiancee Visa

If a U.S. citizen and a foreign person intend to marry, then the U.S. citizen can file a petition in the United States for his or her intended spouse to get a K-1 visa to come to the U.S. to apply for Lawful Permanent Residence (otherwise known as a ‘green card’ or ‘I-551’). With the K-1 visa, it is necessary to show that any prior marriages for both persons were properly terminated, that the couple have real intent to marry, that the U.S. citizen can financially support the person and their dependent children (K-2s) in his or her household, that the U.S. citizen and foreign fiance have met in person within the past two years (or are exempt from this due to religious or other reasons), and that the foreign fiance is not otherwise ineligible for U.S. immigration benefits due to criminal, health or any of the other grounds of inadmissibility. Once the petition filed by the U.S. citizen is approved, the foreign fiance must get a medical exam and a police clearance certificate, and be interviewed at the appropriate consulate. The consulate will review all of the documents in the case, and if approved, the foreign fiance is permitted to enter the U.S. for 90 days. The only way a K-1 visa holder can stay in the U.S. beyond this 90 days is by marrying the U.S. citizen who filed the petition. Once the couple receives a marriage certificate, they can file for a green card using the procedure referred to as Adjustment of Status. It is important that a K-1 visa holder not travel outside the U.S. after filing for adjustment of status until they have been issued Advance Parole travel permission or have received their green card.

2. The K-3 Spousal Visa

If a U.S. citizen and a foreign person are already married, then the U.S. citizen can file two petitions in the United States for his or her spouse to get a K-3 visa to come to the U.S. to apply for Lawful Permanent Residence (otherwise known as a ‘green card’ or ‘I-551’). The first petition alone will result in the foreign person going to the consulate in their home country that issues immigrant visas (for Canadians, this means Montreal). See #3 below. For the K-3 visa, it is necessary to show that any prior marriages for both persons were properly terminated, that the couple have been legally married, that the U.S. citizen can financially support the foreign person and their dependent children (K-4s) in his or her household, that the U.S. citizen and foreign person have married for love, not purely for immigration benefits, and that the foreign person is not otherwise ineligible for U.S. immigration benefits due to criminal, health or any of the other grounds of inadmissibility. Once the second petition filed by the U.S. citizen is approved, the foreign person must get a medical exam and a police clearance certificate, and be interviewed at the appropriate consulate. The consulate will review all of the documents in the case, and if approved, the foreign person will be permitted to enter the U.S. for 2 years. Once the foreign person is in the U.S. in K-3 status, they can file for a green card using the procedure referred to as Adjustment of Status, see #4 below. K-3 visa holders may travel outside the U.S. after filing for adjustment of status without the need for Advance Parole travel permission.

3. Permanent Residence through Consular Processing

If a U.S. citizen and a foreign person are already married, then the U.S. citizen can file a petition in the United States for his or her spouse to get Lawful Permanent Residence status (otherwise known as a ‘green card’ or ‘I-551’) directly through a U.S. consulate. Again, it is necessary to show that any prior marriages for both persons were properly terminated, that the couple have been legally married, that the U.S. citizen can financially support the foreign person and their dependent children in his or her household, that the U.S. citizen and foreign person have married for love, not purely for immigration benefits, and that the foreign person is not otherwise ineligible for U.S. immigration benefits due to criminal, health or any of the other grounds of inadmissibility. Once the petition filed by the U.S. citizen is approved, the foreign person must get a medical exam and a police clearance certificate, and be interviewed at the appropriate consulate. The consulate will review all of the documents in the case, and if approved, the foreign person will be granted permanent residence status.

4. Adjustment of Status to Lawful Permanent Resident

Once in the U.S. after any legal entry, a foreign person married to a U.S. citizen, or a foreign person who is the beneficiary of an approved immigrant petition through an employer or any other family member, may file to adjust status to permanent resident. This process is accomplished through the USCIS District Office with jurisdiction over the place of residence of the applicant, either through filing first with a regional service center or a central lockbox facility. Because it is illegal to misrepresent oneself at a port of entry, this process is reserved for individuals who have entered with a visa designed to lead to adjustment of status, such as a K visa, L visa or H visa, or for individuals who have legitimately changed their mind since entering in a status that does not lead to adjustment of status, such as a tourist or student. Stating temporary intent at a Port of Entry and then manifesting any intent to stay permanently shortly thereafter is tantamount to misrepresentation at the Port of Entry.

Canadians Visiting the U.S. - 180 Days Cumulative or Consecutive?

Canadians are visa exempt when entering the U.S. As a result, most Canadians are deemed to be visitors for business or pleasure unless otherwise requested or limited by Customs and Border Protection (CBP), the Department of State, or the Department of Homeland Security. Of course, there are many visas available to Canadians, and these are necessary for gainful employment in the U.S., most courses of study in the U.S., and actually living in the U.S.

We get a lot of questions from Canadians who are confused about how much visiting they are allowed to do. There are two competing concepts causing this confusion - 1) period of stay allowed per entry, and 2) ties to Canada sufficient to present the case that one is not abandoning Canada. So, a Canadian can enter for up to 180 days on any given trip, but too many trips may lead to refusal or denial (the distinction between refusal and denial is another topic altogether) based on a presumption of intent to abandon Canada.

Under U.S. law, all persons seeking entry to the U.S. are presumed to be intending immigrants, and must prove by clear and convincing evidence that they do not intend to abandon their home countries. Because there are no constitutional protections afforded to aliens seeking admission, this is tantamount to 'presumed guilty until proven innocent.' Therefore, Canadians that spend too much time in the U.S., even if each trip is well under 180 days in length, may be turned away at the Port of Entry based upon a presumption that they do not have sufficient ties to Canada to prove an intent to return there.

Frequently, Canadians married or engaged to U.S. citizens are waiting for visas to be approved (K-1 fiance/fiancee, K-3 spousal, permanent residence, green card) and will run into this problem at the border or airport because they have already declared an intent to move to the U.S. upon approval of the visa. The best thing to do in this situation is to carry copies of all pending paperwork along with recent paystubs, proof of mortgage or lease in Canada, and any other proof of a definite event for which they must return or suffer significant inconvenience, such as medical appointments or tests at university, etc.

NAFTA TN Visa - Scientific Technician / Technologist

Last week, one of the visas I acquired at the U.S. border was a TN visa for a Scientific Technician / Technologist.

This can be a tricky visa category because all but two of the categories of 'activity at a professional level' listed under NAFTA Appendix 1603.D.1 to Annex 1603 require a bachelor's degree. As a result, both the Scientific Technician / Technologist and Management Consultant categories are prone to abuse by ineligible applicants and are therefore scrutinized more heavily by the CBP officers. Fair enough. The CBP officers have a tough job, and deal with a wide array of professionals from a diverse background. Knowing they are awarding a work visa to an eligible candidate is difficult, and the need to respectfully distrust all candidates is part of their daily routine and is serious business.

In order to obtain this type of TN visa, it is necessary to show that the technician / technologist possess: (1) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of these disciplines, or the ability to apply principles of any of these disciplines to basic or applied research.

According to the Inspector's Field Manual, in evaluating whether a person qualifies under this category the following principles should be considered: (a) the person must be providing support to a person who is a professional in one of the named fields; (b) the offer of employment must specifically demonstrate that the work will be inter-related with that of the supervisory professional and that it will therefore be managed, coordinated and reviewed by a professional; (c) the person's theoretical knowledge has been acquired through the successful completion of at least two years of training in a relevant educational program. The training may be documented by presentation of a diploma, a certificate, or a transcript accompanied by evidence of relevant work experience; (d) the Occupational Outlook Handbook will be relied upon to determine whether the job functions are consistent with those of a Scientific Technician / Technologist; (e) persons normally doing work in the construction trades, even if in a specialized industry such as aircraft or power distribution, will not be admitted.

My client is a structural detailing firm that specializes in fabrication and erection drawings for the steel industry. Projects they work on include commercial buildings, bridges and other construction, for which they develop working drawings according to standards set forth by engineers on each project. The employee is an individual with twenty years of detailing experience and certification in Strength of Materials, Mechanics, and Autocad.

Using transcripts and his career log, we presented the request and got embroiled in a lengthy discussion about why the individual was not simply a draftsman, and how the job relates to engineering. We showed evidence that there are engineers on staff at the U.S. company and on each job the U.S. company does, and referred to numerous other sources showing that detailing requires inter-action with engineers to be effective and reactive to modifications. Apparently, this was sufficient to convince the supervisor on duty that the job was in direct support of a professional in engineering, and the visa was awarded.

Not easy, but very rewarding.

Immigration Law – Black & White & Very Grey

Last week, I presented what must be close to my three hundredth L-1 intra-company transfer visa. Most of the time, I take my Canadian clients to the Pacific Highway Border Crossing in Blaine, WA. I like this Port of Entry because the Customs and Border Protection officers tend to be very experienced and not opposed to me accompanying my clients. Due to the fact that it is a Service Port, the officers deal with all the trucks and busses, as well as special registration of certain aliens, the importation and exportation of vehicles, agricultural regulations and numerous other issues.

As with many visa categories, eligibility requirements under the Immigration and Naturalization Act for the L visa category appear straightforward, but are subject to widely varying interpretation. Before we decide to present an L visa and assemble the petition, offer letter, notice of appearance, cover letter and supporting evidence, we carefully go through the eligibility requirements –
1. Is the candidate a Canadian citizen? (If not, we do it by mail because the right to present the visa in-person at the border flows from the NAFTA and only applies to Canadians)
2. Does the candidate have a valid passport or government issued ID and their original birth certificate, baptismal certificate or other primary document?
3. Is there a proper relationship between the foreign company and the U.S. Company? (The same group of people must have ownership and control)
4. Has the candidate worked for the foreign company for one continuous year in the past three years immediately preceding the application?
5. Was the candidate working in a capacity for the foreign company that was executive, managerial or one that required specialized knowledge?
6. Will the candidate be working for the US Company in a capacity that will be executive, managerial or one that requires specialized knowledge?
7. Do both companies have proof of systematic, continuous, on-going business?
8. Has the US Company been operating for less that one year?
9. Do both companies have employees, leases, tax documentation, photographs of premises and an up-to-date organizational flow chart?

Some things, like whether someone is a Canadian citizen, are very objective (black or white). You are either a citizen of Canada or you are not. Other things, such as whether a person was an employee, working in a managerial capacity or has specialized knowledge, are much more subjective (grey).

It is my experience that candidates tend to give themselves enormous credit toward the eligibility requirements, whereas the CBP officers tend to give them much less. After all, it is the CBP officer’s job to ensure that there is no doubt when issuing the visa. For example, if the candidate did not receive T-4 statements for payments from the Canadian company, CBP may not consider them to have been an employee, but may qualify them as an executive for L visa purposes if listed as a director. If the company had numerous persons working as independent contractors, CBP may not consider them employees for the purpose of showing that the candidate was working as a manager. And if the company is based out of a residential structure, CBP may consider it a ‘paper company’ and not worthy of having executives or managers.

I often tell my clients that it is our job to slightly overdo everything so there is as little doubt as possible, and to provide a clear roadmap for the officer to find the facts he or she requires. Even the smallest thing can cause doubt, and then it is much more difficult to convince the officer that they should make assumptions in the candidates favor. CBP officers have an incredibly difficult job, and cannot be expected to take any risks or to fill in any blanks. As with many things, the presentation at the border is about the look and feel of the paper work and the rapport between the officer and the candidate, that is, whether there is any reason to disbelieve the candidate. All presentations require benefit-of-the-doubt, so you can never be too thorough. If a fact can be proven, provide the proof. If a fact cannot be proven, provide enough supporting evidence to create a favorable impression in your favor and be respectful to the officer.

U.S Immigration Attorney

Welcome!
I am Duncan Millar, an immigration lawyer with the law firm Millar Fagan-Smith, PLLC. We have offices in Bellingham and Seattle, Washington, and Vancouver, Burnaby and Coquitlam B.C. Our practice is devoted exclusively to U.S. immigration law, including green cards, work visas, sponsorship of family members, investment in the U.S., U.S. citizenship, adoption, and deportation/exclusion defense litigation.

My practice takes me to the U.S. border frequently, where I represent businesses and individuals who seek to acquire visas or have been placed in removal proceedings. As such, we interact with the Department of Homeland Security on a daily basis and regularly appear in Seattle at the Immigration Court and at the USCIS district office.

This Blog -
This blog is intended to spark discussion about U.S. immigration law and policies and to present stories that illustrate the reality of the present situation. It is my hope that my observations will start some interesting discussions and serve as a resource for those that have to deal with the border and the U.S. immigration system.

Disclaimer - None of the information presented here is to be construed as legal advice, and no attorney-client relationship is formed through the use of this blog. Immigration law is one of the fastest changing areas of law and is frequently amended. Please consult with an experienced immigration attorney before relying on any advice you find online.

Regards,
Duncan Millar
www.usborderlaw.com
www.usborderlaw.ca
www.muelaw.com