Denied Entry to US at Denver Airport

Upon arriving in the city of Denver at the airport off of an international flight, the first folks who greet you will be United States Customs and Border Protection officials. Screen Shot 2012 10 17 at 5.34.32 PM 300x195 Denied Entry to US at Denver Airport

They will scrutinize you and any paperwork you bring – that’s what they are trained to do. Even if you have a visa, they could find you inadmissible to the United States for many different reasons. You will be asked many questions, including where you were staying, who you are visiting, how much money you’re bringing, if you’ve visited before and how often you come to the United States.

What happens when I am denied entry at an airport?

If you are denied entry to the United States at the Denver airport or any other airport, you will be put on the next flight back where you came from.

Your initial plane ticket will not be refunded, nor will anything else you’ve paid for depending on what you had planned in the United States – whether it is a hotel stay or a connecting flight.

Am I inadmissible to the United States?

You may be inadmissible to the United States for a variety of reasons, primarily a medical issue or a criminal record. However, if any of your answers to the questions the United States Customs and Border Protection officers ask do not seem to be on the up-and-up, they can deny you entry on the spot.

In addition, if you have anything questionable in your luggage (something illegal like drugs or something you are not supposed to bring into the country like plant life) you could also be denied entry at the Denver airport.

While the airline might be interested in whether you’re admissible to the United States because they’ve got to fly you back if you’re not, it’s not really their responsibility to ensure everyone on any flight to Denver is admissible to the United States.

It is your responsibility! If you have to travel to the United States through the Denver airport, please contact our Denver immigration law office at the phone number above. We can help you.


Does Canada have a green card?

Landed immigrants in Canada do not receive a “green card”, but instead a permanent resident card. Lawful permanent residents in Canada are afforded many of the same rights as other Canadians, but they cannot vote among other things. There are many benefits to being a permanent resident, including being afforded the right to live and work anywhere within Canada. Screen Shot 2012 10 15 at 10.52.37 PM 300x226 Does Canada have a green card?

If you are considering applying for a Canadian green card, this could be a very exciting time for you! However, please realize that permanent resident applications can take months or even years to process, depending on the way you go about it.

It is essential to assess your case with a licensed immigration attorney before applying for permanent residency status. We can help you determine if you are eligible and what immigration stream is best for you. There are four main permanent residency streams.

Applying for permanent residency in Canada

The four main streams of applying for permanent residency in Canada are:

Canadian Experience Class: People on work visas or study permits with work experience in Canada and a strong understanding of Canada’s official language can qualify for permanent residency in Canada.

Family Class Immigration: People who have spouses in Canada or relatives in Canada that are permanent residents or Canadian citizens can be sponsored to Canada.

Business Immigration: People who have the means to invest in or start a business in Canada could be eligible for permanent residency status.

Skilled Worker Category: People who meet the criteria for the skilled worker program could be eligible for permanent residency in Canada after a certain amount of time.

Whichever method you think is right for you, don’t go it alone. Hiring an immigration lawyer could mean the difference between being denied or approval – and because these applications can take so long to process, you don’t want to leave them up to chance.

You can reach one of our licensed immigration attorneys by contacting us at the phone number on the top of this page, or by sending us an email. You are closer than you think to permanent residency in Canada!


Choosing an immigration lawyer in Denver

Going it alone when it comes to immigration in the United States can be a very daunting and overwhelming process. Instead, consider choosing an immigration lawyer in Denver (commonly called an immigration attorney) to help you through the immigration process. We can be a great asset in your immigration journey, and can often mean the difference between a denial or approval. Screen Shot 2012 10 15 at 10.49.18 PM 224x300 Choosing an immigration lawyer in Denver

But how do I choose an immigration attorney in Denver?

There are many immigration attorneys in Denver. Like all businesses or service providers, there are great ones and ones that might end up not working out very well for you. In order to prevent wasted time and money, it’s important that you hire a good immigration attorney in Denver. Making sure you’ve hired the best immigration attorney only requires a bit of research on your part, as well as knowing which questions you need to ask.

Questions to ask before you hire a Denver immigration attorney

How available are they? It can be awfully frustrating if you have important questions to ask about your immigration application or your case and your attorney is nowhere to be found. While you should not expect to be able to reach your attorney 24/7, you need to know that they will respond to your phone calls and emails within a reasonable time frame.

Do they have referrals or references? Any good immigration attorney should be happy to provide you with references or referrals, as well as reviews or testimonials when possible. If they can’t, they must not have very many happy clients.

Discuss the your case with the attorney before hiring them. Do they think your case will have a positive outcome? An immigration attorney should never guarantee anything, but instead give you an honest answer and not false hope.

Who will be representing you? You might see an advertisement on television for a particular lawyer, when the reality is this lawyer has a team of lawyers working for them. You may not get the exact lawyer you envisioned getting working on your case, but that does not mean they are not just as qualified.

5. What kind of fees will you be paying? You shouldn’t be surprised at the end cost of your immigration services provided to you by an attorney. You should know well enough up front what the cost will be, and you should be able to understand the value in it.


Can Americans be denied entry to Canada for a DUI?

Many American citizens might be surprised to find out that they can be denied entry to Canada if they have a DUI conviction.

Most American citizens can show their passport at the Canadian border or a port of entry and then they can be on their way. But Americans who have a criminal record, especially one for a DUI conviction, could be denied entry to Canada. Screen Shot 2012 10 15 at 10.40.20 PM 206x300 Can Americans be denied entry to Canada for a DUI?

When this happens you are expected to leave immediately and return to the United States. It can be frustrating and upsetting, particularly if you have spent money on your travel itinerary or had intended to visit family. But no matter what the reason or how expensive it will end up being, there are no exceptions and you must return to the US.

However, you may be able to obtain a temporary resident permit to enter Canada. This is also known as a visitor visa or tourist visa, and even if you are criminally inadmissible to Canada you could still get in with a temporary resident permit.

What is needed for a temporary resident permit?

For a temporary resident permit, you will need to fill out a temporary resident permit application form as well as provide the necessary supporting documentation in your application package.

There are also two very important criteria you must meet when you apply for a temporary resident permit for any reason and from any country:

You must have strong ties to the United States or your home country. This means you have to prove to immigration authorities that there is enough waiting for you at home to ensure you will not overstay your temporary resident permit. If you have close relatives (immediate family is best) living in the United States, a home or apartment least in the United States, or a full-time job in the United States, evidence of these can serve as proof that you will return home once you are done visiting Canada.

The second most important criteria is demonstrating that you have enough money to support yourself in Canada. This means you have enough money to fund your stay, that you can inform officials where you are staying (at a hotel at your own expense or with friends or relatives at no cost), and that you can prove you are financially able to return home, ideally with a return ticket that is already paid for.


What Happens if You Are Denied Entry into Canada?

Many people are denied entry to Canada every single day. In an effort to keep Canada safe and prevent people who shouldn’t be allowed into Canada from entering the country, sometimes people who pose no threat to the safety of Canada or Canadians are caught up in the crossfire. Screen Shot 2012 09 27 at 10.03.47 PM 300x197 What Happens if You Are Denied Entry into Canada?

Did you know that if you have a criminal record (even if it is a very old one) or a medical issue, Canadian border officials can deny you entry to Canada at the US-Canada border or at the Canadian airport?

If you are denied entry to Canada, you will simply be informed of this. You will either be told you are inadmissible to Canada or that you are being denied entry to Canada, and you will be told you must turn around and go back to where you came from.

If you do not co-operate, with border or immigration officials, you could be arrested or detained.

You may also be told about applying for special permission to enter Canada, also known as a temporary resident visa or temporary resident permit.

If you have already spent money on plane tickets or an expensive vacation in Canada, this can be extremely upsetting. Businesses (like a vacation resort or an airline) do not have to check to make sure you are admissible to Canada before they take your money, and in many cases your money will not be refunded.

Make sure you are eligible to enter Canada before you make plans! Call our immigration law firm as soon as you know you are traveling to Canada if you are inadmissible to Canada or worry that you could be refused entry and are not sure whether or not you are inadmissible to Canada. We can help you apply for special permission to enter Canada (A temporary resident permit) so you can enter Canada.


B-1 Visa for Canadians

Did you know if you are going to visit the United States for business reasons, you may need to apply for a B1 business visitor visa? A B1 business visitor visa is needed if you are visiting the United States for business purposes such as attending business conferences and conventions, purchasing property in the US, negotiating contracts, investigating business opportunities, consulting with associates or attending business meetings. Screen Shot 2012 09 27 at 10.11.25 PM 200x300 B 1 Visa for Canadians

Should I apply for a B1 business visitor visa or a US work permit?

Whether or not you need a United States work visa or work permit or just an B1 business visitor visa to enter the United States can be difficult to determine. It is not always clear which visa you will need to conduct which activities.

For example, if you are a Canadian who intends to visit the United States and work for a United States employer or earn an income from a United States employer, you will require a United States work visa or work permit. But if you are only traveling to the United States for a little bit for a business meeting, a B1 business visitor visa should suffice.

Note that when you apply for a B1 business visitor visa, you will be required to demonstrate several things, including:

1. That you have close ties to Canada such as employment, family and financial ties that will prove you intend to return home and that you will not overstay your B1 business visitor visa.

2. That you will only be engaging in B1 business visitor visa activities that are allowed by the United States government, and you can demonstrate this by offering proof of your itinerary from entering the US to leaving the US.

3. Information from your foreign employer that states why you will be going to the United States and what you will be doing there, that also points out you are employed full-time in Canada and won’t be working in the United States.


How to Apply for a US Business Visa for Denver in 2012

If you are traveling to the United States for business purposes, you may need a B1 Business Visa. This is a type of United States visitor visa for people who are entering the United States for business meetings, to attend conferences and engage in other activities that aren’t the same as working in the United States for a US employer. Screen Shot 2012 09 21 at 10.59.28 PM 300x188 How to Apply for a US Business Visa for Denver in 2012

If you are a Canadian Citizen, you can apply for a B1 Business Visa at the United States-Canada border or at the United States port of entry such as an airport. However, when doing so be advised that your application and supporting documents must be in perfect order or you could be denied and have to return to Canada.

If you are a non-Canadian citizen, the application process is as follows:

Application for a US Business Visa for non-Canadians

1. Ensure you have a digital photograph of the applicant for the visa. If you visit any location that provides passport photos, they will be able to provide you a photograph that is suitable for a US business visa – just tell them what it’s for.

2. Make an application for a US B1 Business Visitor Visa. You will need to obtain all of the supporting documentation needed to go with your application, including proof that you will return to your home country after your trip is complete (via ties to your family, property, employment or finances in your home country) and information that details your work itinerary for your stay in the United States.

3. Pay the fee for the B1 Business Visitor Visa application and make an appointment with your closest US embassy or consulate. You will need to undergo a visa interview.

4. Ensure that you bring the following to your interview:
– Your valid passport
– Your visa photos
– Your application
– Your visa fee receipts
– Your appointment letter
– Your supporting documentation as described in step 2.

Are you a Canadian citizen or other foreign national applying for a B1 Business Visitor Visa for the United States? Contact us! We can help you.


I’ve Been Denied Entry to the United States for Medical Reasons

Many countries will deny entry or visas to people they deem medically inadmissible. The United States is certainly no different! Screen Shot 2012 09 13 at 9.55.10 PM 300x224 Ive Been Denied Entry to the United States for Medical Reasons

What is medical inadmissibility to the United States?

If you have an illness that the United States considers to be dangerous to others or that could threaten social services, you could be determined to be medically inadmissible to the United States. Some examples of conditions that could result in your being denied entry to the United States include:

Drug abuse or drug addiction
Not having the required vaccinations
Mental disorders or physical disorders that present a danger to others
Diseases that are contagious

As you can see, the reasons for medical inadmissibility to the United States are quite broad and varied. If you do fall into any of the above categories, keep in mind that individual people and cases are just as varied as these reasons for medical inadmissibility and your case will be reviewed individually.

What if I am medically inadmissible to the United States?

If you are medically inadmissible to the United States, you can apply for a waiver of inadmissibly to enter the United States despite your medical condition.

A medical waiver of inadmissibility can be applied for by spouses or unmarried children of a United States citizen or permanent resident, parents of children who are United States citizens or permanent residents and self-petitioning spouses or children who are victims of abuse.

If you do not fall into one of the above categories for applying for a medical waiver of inadmissibility for the United States, contact one of our licensed immigration attorneys right away. We have handled thousands of denial of entry cases and we can help you with yours. Use the form on the right of this page, or call us at the number above for an assessment of your case.


Canadian Permanent Residence Card Applications

How long does it take to get a PR card?

If you are applying for a Permanent Residence Card at the border for the first time (that is, you are getting landing status) you will receive the card in the mail within 4-6 weeks. So the time to get your Permanent Resident card is about a month and a half.   The time for everyone else to get their first PR card in Canada is approximately 6-8 weeks, give or take.

How long does it take renew a PR card?

If you meet the residency requirements, and there are no issues with your application, it takes approximately 6-8 weeks for the residence card to be processed.  However, if  Citizenship and Immigration Canada (CIC) decides to investigate your matter or if they are concerned with your application, the processing time may take longer depending on the nature of the investigation they undertake.  There may be up to several months delay.

Once my card is approved, where do I pick up my PR card?

If you are in Toronto, most likely you will be directed to the CIC office located at Yonge and St. Clair.  The exact information will be provided to you in a letter sent by CIC.

When I pick up my PR card, what documents do I need to take with me?

CIC will send you a letter with a list of documents you will need to provide.  But you should be prepared to bring all of the original documents you included in your application.

What do I do if I lost my PR card?

If you lose your Permanent Resident Card, you must contact Citizenship and Immigration Canada immediately (call 1-888-242-2100 or go to the nearest office) and also make an application for a new card.

How do I change my address on my PR card?

To change the address on your Permanent Residence Card, you may contact the CIC Call Center at 1-888-242-2100, or you may write to the office notifying them of change of address.

Can I travel or drive to the United States with a PR card?

It depends. You must meet the requirements to enter the US, including obtaining an entry visa from the US Consulate, as well, if it is suggested that you travel with a valid passport.

Can I travel to the US with an expired PR card?

This depends on various factors and we recommend that you do not travel with an expired PR card.  Generally, if you have a valid US visa and a valid passport, you may be allowed entry into the US if the US immigration officer is satisfied that the purpose of your entry to the United States is only temporary.  However, you will most likely encounter difficulty returning to Canada with an expired PR and you may be refused entry to Canada.  Please contact one of our lawyers for further information.

Can I travel abroad with an expired PR card?

We recommend that you obtain a renewal of your card in advance.  However, if the nature of your travel is urgent, you may ask for expedited processing of your PR card. You may leave Canada with an expired PR card, however to return you will need to obtain a Travel Permit from a Canadian immigration office abroad.

What do I do if my PR card expired while I am abroad?

If you are outside Canada and your Permanent Card  has expired, you should go to the nearest Canadian Embassy or Consulate and apply for a Travel Document.

How do I expedite getting my PR card in case of emergency?

There are various factors that can be used to expedite the processing of the PR card.  It is advisable that you contact one of our experienced immigration lawyers.


Immigration Fraud – What You Have to Watch For

We have written extensively about immigration fraud perpetrated by Immigration Consultants. Sadly, now it’s the immigration lawyer’s turn.

According to two lawsuits filed in San Francisco Superior Court this week, an immigration lawyer defrauded thousands of people looking for a better life in the United States over a career spanning more than three decades.

The lawyer, Martin Resendez Guajardo, has since been disbarred.

The ins and outs of immigration lawyer fraud

Guajardo is accused of charging extremely high and unnecessary fees while not doing the proper legal footwork to give his clients what they paid for, along with giving out just plain bad advice. In one cases, he charged $70,000 for work that would normally cost around $6,000. He had also been disciplined by the California State Bar at least twice in the 1990s for misconduct, and eventually resigned from the bar in 2008 because he was facing more problems. However, he continued to practice law without a license and did not inform his clients of this.

Avoiding immigration lawyer fraud

With what may be your life’s savings, livelihood and future on the line, it’s important to do your research and avoid immigration lawyer fraud.

Firstly, beware of some immigration consultants because the Canadian government is still dealing with reports of shady immigration consultants taking people’s money without doing any work. While the government has made a few changes, the industry is still not regulated properly in Canada, not to mention those outside of Canada. In most cases, people who run into problems with these consultants will have little recourse.

Ask your family, friends and co-workers about their dealings with immigration lawyers. It’s easier to remember a bad experience than a good one, and you’ll likely find some names to cross of your list or even a positive recommendation.

Don’t hesitate to use Google If the lawyer has an established practice, it’s more than likely you will find reviews and recommendations on several business sites online to avoid immigration lawyer fraud. There are of course, no guarantees.


Skilled Worker Application Changes

On Saturday, June 26th, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced in a news conference that the number of jobs considered for fast-tracking for skilled worker applications would be narrowed down to a list of 29 occupationsand that a cap would be placed on the number of applications processed. The number of applications processed per year as of June 26th, 2010 is 20,000.

This means that after June 26th, only 20,000 applications will be considered for processing within the next 12 months and 1,000 of those applications under the 20,000 cap are designated for Federal Skilled Worker applications.

The jobs that made the list place a greater emphasis on economic recovery and include restaurant and food service managers, architects, biologists, pharmacists, dentists, chefs, cooks, specialist physicians and plumbers.

In order for an application to be considered for processing, the results of an official language proficiency test must be included as well as a valid offer of employment or one full year full-time or equivalent part-time paid and continuous work experience in one of the 29 professions within the past 10 years.

It’s safe to say everyone will be scrambling to get these applications underway and sent off as soon as possible in order to qualify to immigrate to Canada as a skilled worker. This also makes it especially important to have animmigration lawyer help you ensure that your paperwork is filled out properly and that no omissions or errors are made because it would be a shame to miss out on the opportunity because of a simple paperwork error or omitted requirement.

I frankly am surprised that these changes were made given our aging demographics, increased global competition and recent economic recession. Canada more than ever needs more and more skilled workers to meet its labor needs. Imposing an annual cap services would serve the opposite effect, limiting potential immigrant candidates for needed jobs.

We will have to see how this all plays out but it seems that the Conservative government likes to use “blunt instruments” when it comes to immigration policies to solve systemic problems. My prediction is that more damage than good will come out of these changes but only time will tell.