Category Archive : immigration law


"This chapter describes how to determine if persons are inadmissible to Canada under any of the statutes dealing with war crimes and crimes against humanity".It says that those who committed or who were complicit in the commission of a war crime, a crime against humanity, genocide, or "any other reprehensible act", whenever or wherever they occurred, "are not welcome in Canada".Its thirty pages are written for visa officers working in our Canadian embassies and consulates and for officers who work in immigration offices throughout the country.The thirty pages cover a number of Canadian statutes relevant to war crimes and international laws on the topic.It defines the terms genocide, crimes against humanity, war crimes, and acts of terrorism.It describes how a person can become "complicit" in one of these acts even by doing nothing at all. It informs officers that "case law in Canadian courts has determined that complicity can be found" by merely "being present at the scene" of a crime or by simply "being a member" of an organization. In other words, officers are instructed that a person can be held accountable for such "reprehensible acts" without even lifting a finger.Officers are encouraged to conduct their own Internet research and to identify "links or sites that may provide required information" to help prove their case.Foreigners can be denied visas, be ordered deported, or be denied protection in Canada if an officer has "reasonable grounds to believe" complicity in one of these offensive acts.In the case of foreigners applying for a visa to Canada, no hearing is conducted. An officer simply has to have some information that is, in his/her opinion, sufficient to form "reasonable grounds to believe" the act occurred and that complicity was present.Officers are provided a "sample refusal letter" that they should complete and which even includes a sentiment of regret. "I realize that this reply will be a disappointment to you," it says.Well, Fateh Singh Pandher, a retired constable with India's Border Security Force got one such letter and was obviously more than just "disappointed." He was mad.Visa officials refused his application for permanent residence with one of these letters saying that India's Border Security Force "has engaged in systematic attacks on civilians and has been responsible for systematically torturing suspected criminals."Pandher believed he did no wrong and took offence to being called a human rights violator and got the Indian press involved. It was quickly discovered that other members of India's border agency received similar letters. Not surprisingly, this created an international incident when the democratic government of India objected strongly to the accusation that it commits war crimes or crimes against humanity.On Friday, Minister Jason Kenney apologized profusely to the Indian government and vowed to review how such decisions are made.No judge, and no jury anywhere in Canada has the power to pin such a horrible label on a person with such little evidence and with such little opportunity to be heard let alone the power to tar a whole country - over one billion Indians - with such a mark. This unprecedented power only lies with Canada immigration and visa officers.While Canadians probably have no qualms about entrusting our immigration officers with the power to deny access to Canada to convicted criminals, to those who are a threat to us, to those who have abused our hospitality before, and to those who are likely to overstay their welcome here, very few, I would imagine would want to see officers wield a power capable of such offence and impact on Canada foreign relations.I am the son-in-law of two Holocaust survivors whose lives were utterly destroyed by real war criminals. My wife and my children have been forever denied any kind of real family on my wife's side because virtually no one survived. Accordingly, I would not hesitate to deny access to Canadian soil to anyone guilty of atrocities.However, when our laws are cast so wide such that an Indian border guard can be painted with the same brush as the Nazis who systematically murdered millions, then it is clear that we need to reconsider how wide we cast these labels.While I have respect for our immigration officers and the training that they are given, the impact of their decisions should not be capable of reaching beyond the applicant's personal sphere and be permitted to enter the arena involving Canada's political and economic relations.Their power to do so should be clawed back immediately and unequivocally.

"This chapter describes how to determine if persons are inadmissible to Canada under any of the statutes dealing with war crimes and crimes against humanity".It says that those who committed or who were complicit in the commission of a war crime, a crime against humanity, genocide, or "any other reprehensible act", whenever or wherever they […]


In the United States some of the inadmissible nonimmigrant applicants and aliens who are not eligible to be admitted as an immigrant or adjust status in US must file Form I-601 in order to seek a waiver of certain grounds of inadmissibility. They must submit all 11 pages of the INS forms. The Filing Fee is $585.Who should file Form I-601?Application for Waiver of Grounds of Inadmissibility may be filed by anyone of the following aliens:1. Outside US if an applicant has an interview with the consular officer but was found to be inadmissible.2. Applicant who has applied for adjust of status3. Visa applicant of K1 or K-2 type visas.4. Applicant who have applied for K-3, K-4 or V visas.5. Applicant who has applied for Temporary protected status (TPS).6. Applicant under the Nicaraguan Adjustment and Central American Relief act.7. Applicant under Haitian refugee Immigrant fairness act.8. Self - petitioner under the Violence against women's act (VAWA)9. Applicant who wants to adjust the status but is inadmissible since he/she already has not got a waiver to enter US on some ground with regards to the T non immigrant status.10. Applicants who are seeking waiver on the following grounds:a) Under Immigration and Nationality act (INA) section 212(a)(1) on health related grounds.b) Under INA section 212(a)(2) certain criminal grounds.c) Under INA section 212(a)(3)(D) as immigrant member in Totalitarian party.d) Under INA section 212(a)(6)(C) misrepresentation or fraud immigration except INA section 212(i) waiver not available in case, under INA Section 212(a)(6)(C)(ii) you are not admissible to US if you had claimed falsely to be a US citizen on or after September 30, 1996.e) Under INA section 212(a)(6)(E) applicant is smuggler or under INAsection 212(a)(6)(F) if applicant is being subject of civil penalty.f) Under INA section 212(a)(9)(B) if applicant is on 3 or 19 years bar.g) If applicant filed for TPS on certain grounds of inadmissibility.h) Under INA section 212(a)(9)(A) applicant who is alien previously removed and under (9)(C) if alien is unlawfully present after previous immigration violations, applicant who filed for NACARA or HRIFA adjustment or VAWA self petitioner .i) Under INA section 212(a)(1) public health and INA section 212(a)(4) public charge T non immigrant visa holders who apply for adjust of status may receive waiver but not for applicants who are inadmissible under INA section 212(a)(3)security related grounds, INA section 212(a)(10)(C) international child abductors or INA section 212(a)(10)(E) former citizen who renounced US citizenship to avoid taxation.The Form I-601 must be filed at a USCIS Lockbox facility along with complete Form G-1145, E-Notification of Application/Petition Acceptance if you want to receive an e-mail and/or text message that your Form I-601 has been accepted. To the first page of your application it has to be clipped.Filing procedure update from USCISIn the United States USCIS will Centralize Filing and Adjudication for Certain Waivers of Inadmissibility. Individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer would from June 4, 2012 be able to mail requests to waive certain grounds of inadmissibility directly to a Lockbox facility of U.S. Citizenship and Immigration Services (USCIS).Applicants must send their waiver applications and this change affects where individuals abroad, who have been found inadmissible for an immigrant visa or a nonimmigrant K or V visa. Applicants experience processing times from one-month to more than a year currently depending on their filing location. Faster and more efficient application processing and consistent adjudication will be provided by this centralization to customers.It does not reflect a change in policy or the standards by which the applications are adjudicated, it is part of a broader agency effort to transition to domestic filing and adjudication. Individuals will now be able to track the status of their case online by filing waiver applications with a USCIS Lockbox. Filings for Form I-601, Application for Waiver of Grounds of Inadmissibility would be affected by the changes.Immigrant visa waiver applicants in Ciudad Juarez, Mexico, will have the option to either mail their waiver applications to the USCIS Lockbox in the United States or file in-person at the USCIS office in Ciudad Juarez during a limited six-month transition period. As a proactive act, with the huge caseload pending in mind, the USCIS will significantly increase the number of officers assigned to adjudicate the residual cases filed before June 4 for those filed during the interim six-month transition period. As a testing process USCIS has already transferred applications from Ciudad Juarez to other USCIS offices in the United States.

In the United States some of the inadmissible nonimmigrant applicants and aliens who are not eligible to be admitted as an immigrant or adjust status in US must file Form I-601 in order to seek a waiver of certain grounds of inadmissibility. They must submit all 11 pages of the INS forms. The Filing Fee […]


The last decade or so has seen political and economic upheaval in the land of the free, and never before has it been so difficult to gain entry and permanent residency status in the United States. This calls into question Emma Lazarus' beautiful sentiments on the pedestal of the Statue of Liberty, which cry:"Give me your tired, your poor, your huddled masses yearning to breathe free. The wretched refuse of you teaming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door!"The United States may not be welcoming the "homeless, tempest-tossed" masses, but there is one "golden door" that remains invitingly open. The economic upheaval and downturn of the last decade or so has left American businesses and enterprises sorely in need of willing investors, and that's good news for any cash heavy foreigners looking to buy in to the American dream. By coming into the country on an EB-5 investor visa, foreigners who are willing to put their money where their mouth is can gain permanent resident status for themselves and their immediate family in a little under three years. Not that the process is easy, and not everybody has a half million dollars to invest in a business venture that may or may not pay off.What If You Don't Want To Run A Business?Of course, just because you've got cash in hand and are ready to invest in your future in the United States doesn't mean that your particular version of the American dream includes starting or running your own business. The EB-5 investor visa requires that you do invest in a business, and at a minimum of $500,000, but you don't have to actually start or run your own business unless you want to. For those who prefer to simply invest and let someone else worry about the business details, a Regional Center investment is a great option.Created by the U.S. government specifically for the EB-5 program, Regional Centers are commercial enterprises that have been officially designated by the United States Citizenship and Immigration Services (USCIS) as "targeted employment area" investments. They allow EB-5 investors to fulfill program requirements by funding a pre-qualified business which is designed to create and maintain the mandatory job positions and documentation required by the EB-5.Regional Center investments are popular with foreign investors who wish to concentrate on a career or education that is unrelated to their investment business. But don't think they offer a free ride. Although Regional Center managers do provide the bulk of the labor and documentation you'll need on the business end of things, the EB-5 application and proof of fulfillment process is a long and drawn out battle through layer upon layer of ruthlessly scrutinized paper work, and most of the foreign nationals who do gain their permanent resident status through the EB-5 visa program owe their success to the expertise and skill and experienced EB-5 consultants.

The last decade or so has seen political and economic upheaval in the land of the free, and never before has it been so difficult to gain entry and permanent residency status in the United States. This calls into question Emma Lazarus' beautiful sentiments on the pedestal of the Statue of Liberty, which cry:"Give me […]


When making an application for U.S. citizenship or Naturalization, one of the leading requirements is a good moral character. It is definitely the responsibility of the applicant to indicate that, within the statutorily prescribed period, individual stayed a person of good moral character. And, it's the USCIS which can determine your moral character in accordance with the laws passed by the Congress.Now how does USCIS evaluate good moral character? Well, this can be done through a mixture of background record checks and also the procedure. The Application form for Naturalization contains a variety of inquiries to cover criminal background, if any, political and personal affiliations.USCIS basically investigates in case you:
a. Have committed and/or been in prison for one or two crimes relating to moral turpitude
b. Have committed and/or been convicted of 2 or more offenses by which the overall sentence imposed was 5 years or maybe more
c. Have committed and/or been in prison for any controlled substance law, with the exception of one particular offense of simple possessing 30 grams or less of marijuana
d. Have been confined to a penal institution during the statutory period, by means of a conviction, for an aggregate duration of 180 days or even more
e. Have committed and/or been convicted of two or more gambling offenses
f. Have earned principal income from illegal gambling
g. Have been involved in prostitution or commercialized vice
h. Have been in smuggling illegal aliens inside the United States
i. Have been a habitual drunkard
j. Practices or have practiced polygamy
k. Have wilfully failed or refused to support dependents
l. Have given false testimony, under oath, as a way to receive a benefit under the Immigration and Nationality Act.USCIS expects you to ultimately be truthful and honest through the entire processing of your application especially during the interview, or perhaps it will deny the application. Please remember, in the event when the application qualifies, and citizenship is granted, if USCIS later discovers you committed a fraud in obtaining the approval, the citizenship could be rescinded.It's therefore in your interest to clearly recognize all the steps and procedures part of naturalization, particularly when you have any sort of criminal background.

When making an application for U.S. citizenship or Naturalization, one of the leading requirements is a good moral character. It is definitely the responsibility of the applicant to indicate that, within the statutorily prescribed period, individual stayed a person of good moral character. And, it's the USCIS which can determine your moral character in accordance […]


In developing country like India people often get attracted toward the luxurious life of developed country. Only wishing to move to these countries is not enough, if one really wants to work, study to travel in these developed country, one need to contact an experienced visa consultant.Developed countries always lure Indians. Basic reasons for which we like to move to these countries are the good pay packages, advance infrastructure and advance lifestyle. UK comes in top in all the countries where people from India like to immigrate. You earning in dollars, advance lifestyle, heath facilities and lots of other facilities are here for what people from developing countries wish all the time. Social security and safety is another reason for that people like to move to this country. Australia also comes in the radar of the immigrants whenever it comes to move to overseas. It is one of the most lucrative countries in terms of job opportunity, education and travelling. Australia also offers a great opportunity for skilled labors from India apart from quality life and better healthcare facilities.Indian students too wish to get higher studies in foreign countries. And reason for this priority is the advance facility and better faculties. Besides, these international degrees make sure that the holder can get a good job in any country across the world. Australia, Canada, UK etc are some of the countries that can offer good education and better study environment for the younger kids those seek better education. Apart from the job, you can get better jobs in these countries just after you are through with your education. You can contact a good visa consultant in Delhi if you are willing to get a student visa and after studies if you are planning to get settled in same country. You can get temporary and permanent visa for foreign country and for different reason you get different visas which are valid for different durations.An experiences visa consultant can help you be telling you the right procedure, he can advise the best thing you can do if you want to immigrate to some other country, he can tell you about the required document and can offers his guidance so that the whole procedure can be completed in a very hassle free way.Some time the reason for getting the visa could be business related. For example, New Zealand is one of the fast growing countries in winery and wool business and is one of the major parts of the world in dairy products. If you too wish to get a visa to be part of these businesses there, you first have to understand their business visa related dos and don'ts and only an experienced visa consultant can help you understand that. Every country has its own rules and regulations and that are quite different from rules and regulations of India. So you need to be through with all this especially in case of visa. Simple ignorance can turn into a disaster of life time no matter if you are planning to get a student visa, employment visa or business visa.

In developing country like India people often get attracted toward the luxurious life of developed country. Only wishing to move to these countries is not enough, if one really wants to work, study to travel in these developed country, one need to contact an experienced visa consultant.Developed countries always lure Indians. Basic reasons for which […]


People all over the world immigrate toCanadafor various reasons. Immigrating toCanadapermanently is an exciting opportunity. However, there are several things you should consider before you apply to be a permanent resident.Normally immigration is always possible through various1.Skilled Worker2.Investor Program3.Provincial Program4.Family Sponsorship1. Skilled WorkerSkilled workers are people who are selected as permanent residents based on their ability to become economically established in Canada.Federal skilled worker applications are assessed for eligibility according to the criteria set out below.For your application to be eligible for processing, you must:2. Investor ProgramCitizenship and Immigration Canada established the Immigrant Investor Program to promote economic development and employment in Canada by attracting people with capital, business acumen and/or solid managerial skills for business immigration to Canada3. Provincial ProgramCanada, apart from the federal programs, there is also an option of immigrating to a specific province. Each province is in charge of its own immigration program. The most known ones are those ran byQuebecandManitoba; however, other provinces also have programs to attract newcomers.For this reason, it is very important for a potential immigrant to research all possibilities and select the most appropriate program that minimizes difficulties of the immigration process. However, this is only applicable when the principal applicant meets all requirements of a given program.Presently, the three major destinations in Canada areOntario,Quebec, andBritish Columbia. Meanwhile, other regions of the country suffer from lack of qualified professional; this happens because there are not enough locally trained professionals and a shortage of immigrants specializing in certain occupations.4. Family SponsorshipYou can sponsor a spouse, common-law or conjugal partner, or dependent children if you are a Canadian citizen or a permanent resident of Canada. To be a sponsor, you must be 18 years of age or older.You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada. However, all the other requirements must be met.You can also apply as a sponsor if your spouse, common-law or conjugal partner, or dependent children live outsideCanada, and if they meet all the requirements.When you sponsor a spouse, common-law or conjugal partner, or dependent children to become permanent residents of Canada, you must promise to support them financially. Therefore, you have to meet certain income requirements.Canada's key benefits include:High rankings on major international comparative surveys of industrialized nations;G8 and NAFTA member;Unspoiled environment with strict environmental controls;Excellent canadian healthcare system;Excellent canadian education system;Cultural, ethnic and religious tolerance are practiced by all Canadians and entrenched in our constitution;Safe canadian cities and neighborhoods;Canadian passport is one of the most valued passports for international travel.For comprehensive information on living in Canada, please visit the Government of Canada's official site.So settle in Canada with the best help from Canadian Immigration Consultants.

People all over the world immigrate toCanadafor various reasons. Immigrating toCanadapermanently is an exciting opportunity. However, there are several things you should consider before you apply to be a permanent resident.Normally immigration is always possible through various1.Skilled Worker2.Investor Program3.Provincial Program4.Family Sponsorship1. Skilled WorkerSkilled workers are people who are selected as permanent residents based on their […]


The administration of US Citizenship and Immigration Services takes care of immigration related process in the United States. The US Citizenship and Immigration formerly called as INS. It also tackles illegal entrance into the US, preventing from taking benefits such as social security or unemployment.In the 18th and early 19th century, INS allowed open immigration and did not question the policy until the late the number of immigrant's increased and economic condition worsened in some area, INS began to issue immigration legislation. The immigration service declared basic immigration procedures during first decade and later on Congress continued to exert Federal Control over immigration, which upgraded the immigration office to the Bureau of Immigration. The Immigration and Naturalization Service previously referred as Bureau of Immigration and Bureau of Naturalization from 1903. On June 10, 1933, INS was established and on March 2003, most of the INS functions were transferred to new agencies under the Department of Homeland Security (DHS).With lot of changes in world migration patterns, the ease of international travel for business and controlling illegal immigration all fostered growth of Immigration and Naturalization service during late twentieth century. So the Immigration and Naturalization Service become restrictive for selective immigrants and controlled entry of tourists, business travellers and temporary visitors by inspecting and admitting arrivals at land, sea and airport and removing immigrants who entered illegally .The Bureau of Citizenship and Immigration Services (BCIS) name was lasted only for short period of time; it's currently referred as U.S Citizenship and Immigration Services (USCIS).All the application/petition for Green Card and Visa are filed either at American Consulate or with USCIS.After submitting the document to the USCIS along with the appropriate fee and supporting documents, can expect to receive an Application Receipt Notice with 13-character number within 30 days of having filled your application. We can track the status of application in the USCIS'S website by entering 13 character number in the "Case Status Online" link. For any application related queries you can call to a USCIS toll free-telephone or applicants with representatives such as lawyers, charitable groups or corporation who require regular information as they submit many applications, can create an account with USCIS to get such information. To get instant notification, you can give your mobile number to receive text messages whenever there is a change in the application progress status and also applicants can receive status at their e-mail address.

The administration of US Citizenship and Immigration Services takes care of immigration related process in the United States. The US Citizenship and Immigration formerly called as INS. It also tackles illegal entrance into the US, preventing from taking benefits such as social security or unemployment.In the 18th and early 19th century, INS allowed open immigration […]