U.S.A. Extending Ban on Green Cards and Non-Immigrant Visas Also Affected
June 23, 2020
On Monday, June 22, 2020, the Trump administration announced that it was extending a ban on Green Cards issued outside the United States until the end of the year and adding many temporary work visas to the freeze, including those used heavily by technology companies and multinational corporations.
The policy behind the freeze is to free up jobs in the American economy which has suffered because of COVID-19. It is estimated that the restrictions will free up to 525,000 jobs for Americans.
The ban, while temporary, would amount to major restructuring of legal immigration if made permanent. Long-term changes targeting high-tech workers are also being sought.
The ban on new visas also applies to H-1B visas, which are widely used by major American and Indian technology company workers and their families, H-2B visas for non-agricultural seasonal workers, J-1 visas for cultural exchanges and L-1 visas for managers and other key employees of multinational corporations.
By contrast, Canada plans on welcoming 341,000 new permanent residents in 2020, 351,000 in 2021, and 361,000 in 2022 while reducing application processing times and improving service delivery and client services at Immigration, Refugees and Citizenship Canada, notwithstanding COVID-19.
For those who are/were considering American Immigration, Canada may be a more viable and attractive option right now, especially considering the current uncertainty surrounding U.S. Immigration and all of the political chaos and unrest in the United States.
Canada Remains Open to Immigration while U.S. Threatens to Suspend Immigration
April 21, 2020
On Monday, April 20, 2020, U.S. President Donald Trump said that he will sign an executive order temporarily suspending Immigration to the United States as the nation battles the health and economic effects of the COVID-19 pandemic.
In a tweet sent out late Monday night, President Trump wrote: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!”
By contrast, Canada continues to welcome immigrants, notwithstanding COVID-19. As was mentioned in our blog of March 13, 2020, on Thursday, March 12, 2020, The Honourable Marco E.L. Mendicino, Minister of Immigration, Refugees and Citizenship Canada (IRCC), tabled the 2020‒2022 Immigration Levels Plan in the Canadian House of Commons. Canada plans on welcoming 341,000 new permanent residents in 2020, 351,000 in 2021, and 361,000 in 2022 while reducing application processing times and improving service delivery and client services at IRCC.
Of those who will become permanent residents of Canada over the next few years, in 2020, 88,500 to 100,000 immigrants will be Express Entry applicants; in 2021, 89,300 to 100,000 immigrants will be Express Entry applicants; and, in 2022, 88,800 to 100,600 immigrants will be Express Entry applicants.
To quote the Minister: “Our immigration system benefits all Canadians by strengthening the middle class, keeping families together and building strong and inclusive communities. This increase in immigration levels supports a system that will help Canadian business create good middle class jobs and grow the economy while ensuring Canada continues to meet its humanitarian obligations around the world.”
Furthermore, as was mentioned in our blog of March 18, 2020, on Sunday, March 15, 2020, IRCC released new instructions for those affected by COVID-19. Like other countries, Canada is working diligently to halt the spread of the virus; however, IRCC is adopting new policies and procedures to minimize any disruption to Immigration processing and to help applicants who are affected in any way by COVID-19. Most importantly, IRCC confirmed that the intake of new Permanent Residence Applications will continue.
For those who are/were considering American Immigration, Canada may be a more viable and attractive option right now, especially considering the current uncertainty surrounding U.S. Immigration and all of the political chaos in the United States.
Illegal in U.S. and Wish to Immigrate to Canada?
November 10, 2016
Abrams & Krochak receives a significant number of inquiries from individuals, who have no legal status in the country in which they are residing and who wish to immigrate to Canada. The vast majority of these inquiries are from individuals in the United States and the number has increased substantially since the recent U.S. election and talk of mass deportations. The two (2) primary concerns for these individuals, when considering Canada, are:
1. Whether their illegal status in the United States will render them ineligible to immigrate to Canada; and
2. Whether the Immigration process can take place while they continue to reside in the United States, albeit illegally.
Insofar as eligibility is concerned, illegal status in a third country will not render an individual ineligible to immigrate to Canada unless issues of criminality are involved. Even then, there is not an automatic disqualification and Abrams & Krochak advises on a case-by-case basis.
Insofar as the Canadian Immigration process is concerned, all applicants in the Federal Skilled Worker and Federal Skilled Trades categories are processed under a system called “Express Entry”. With the assistance of Abrams & Krochak, applicants create an Express Entry Online Profile and if they are invited by Citizenship and Immigration Canada to apply for Permanent Residence in Canada, the majority of the Application process takes place online. Therefore, if no interview is deemed necessary by Immigration officials (which applies to the majority of cases filed by Abrams & Krochak, to date), the applicant’s place of residence is irrelevant. Place of residence only becomes relevant if the applicant’s file must be transferred to a Canadian visa office for further processing and/or the scheduling of an Immigration interview.
The general rule is this: if a file needs to be transferred to a Canadian visa office for further processing and/or the scheduling of an Immigration interview, it will be transferred to the Canadian visa office in the country in which the applicant is currently residing if (i) the applicant has at any point in the past lawfully resided in that country for a period of one (1) year or more OR (ii) the applicant is in possession of a valid visa, authorizing him/her to remain in that country for a period of at least one (1) year (such as an H1-B, J-1 or F-1 visa in the United States). Otherwise, the file must be transferred to the Canadian visa office which normally serves the applicant’s home country/country of habitual residence/country of citizenship.
As long as you are accurate about your qualifications when you complete Abrams & Krochak’s Online Eligibility Assessment Questionnaire at https://www.akcanada.com/assessment1.php, should you receive a favourable assessment from Abrams & Krochak, then it is worthwhile creating an Express Entry Online Profile since, as was stated earlier, if you are invited by Citizenship and Immigration Canada to apply for Permanent Residence in Canada, the vast majority of Abrams & Krochak’s cases are approved without the need for a personal interview and you will have the chance to begin a new life with legal status in Canada instead of continuing to live in fear of deportation from the United States.
Should an interview be deemed necessary in your case and should you be required to attend it in your home country/country of habitual residence/country of citizenship or a third country whose Canadian visa office serves your jurisdiction, you can evaluate your personal circumstances at that moment in time and then decide whether you are willing to take the risk of leaving the United States and travelling to attend your interview or abandoning your Canadian Immigration plans altogether. Keep in mind, however, the fact that abandoning your Canadian Immigration plans does not necessarily mean that you can apply at a future date, should your personal circumstances change. Canadian Immigration laws, regulations and policies are always subject to change at any time without advance notice.