All posts by Bahar Suri

Requirements for a TN Visa to the United States

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Requirements-for-a-TN-Visa-to-the-United-StatesWhat is a TN Visa

Are you a Mexican or Canadian citizen and would like to work in the United States? Do you have a professional occupation that is recognized in the U.S. under the NAFTA agreement? Are you curious or unclear on how to apply or start working in the U.S.? This process is referred to as a TN Visa. Specifically, in the U.S., a TN Visa is defined as a visa that allows nonimmigrant NAFTA professionals, such as Mexican and Canadian citizens, to be authorized to work in the U.S. for a U.S. employer. Due to the North American Free Trade Agreement, better known as NAFTA, Canadians and Mexicans are able to create an economic relationship with the U.S. Thus, the TN Visa gives Mexican and Canadian citizens the opportunity to either pursue business or career opportunities or business activities within the U.S. for an authorized period of time. The process can seem confusing if you’re not familiar with immigration; however in this article, I will explain the processes and steps required in order to obtain a TN Visa in the United States.

Am I Eligible for a TN Visa

The NAFTA agreement between the U.S. and Canada and Mexico requires that professionals come to either country to better their economy. Professionals that are eligible for the TN visa can include professions such as accountants, lawyers, teachers, engineers, scientists, pharmacists, and more. If you fall under one of these categories, there are still some more requirements that you must consider before applying for a TN visa. For instance, you may be eligible for a TN nonimmigrant status if: you are a citizen of Canada or Mexico; your profession is listed within the regulations; an employment opportunity in the U.S. requires a NAFTA professional; you have obtained a prearranged job opportunity in the U.S. with a U.S. employer; and you have the appropriate qualifications to work under the designated profession. Please note that if you are self-employed wanting to work in the U.S., you will not qualify as the employer issuing you the employment must not be yourself.

There is a difference between a Canadian citizen applying for a TN visa compared to a Mexican citizen applying for a TN visa. Canadian citizens generally do not need a visa for admission to the U.S.; however, Mexican citizens do. Similarly, for a TN Visa, Canadian citizens are not required to apply either. Keep in mind, NAFTA will ultimately determine which evidence is required from Canadian and Mexican citizens to prove whether they are a professional that is qualified.

How to Apply for a TN Visa

Canadian Citizens

As a Canadian citizen, as aforementioned, you do not need to apply for a TN visa in the U.S. Be that as it may, if you would like to qualify for the TN classification, you will need to present the appropriate documentation to the U.S. Customs and Boarder Protection (CBP) officer at certain ports of entry or at a pre-clearance inspection station. Specifically, the documentation that you must provide to the officer is listed below.

  • Certification of Canadian citizenship
  • Employment letter describing your job title, description, duties, length of employment and educational qualifications while in the U.S.
  • Evaluation of Credentials (if this applies to you)
  • Proof of payment of application fees

You may want to apply yourself and submit the requested documentation on your behalf. Or, alternatively, you may allow your prospect employer to submit the application on your behalf from inside the U.S. However, the employer would have to submit their own applications forms as well, if they do submit on your behalf. If the application your employer submitted is approved, then you will have to also submit an approval notice from USCIS. Both you and your employer should have a record of the Petition for Nonimmigrant Worker form to provide to the CBP officer, in addition to the required documents, should the officer ask you any follow up questions.

Mexican Citizens

Unlike Canadian citizens, Mexican citizens must obtain a visa prior to entering the U.S. as a TN nonimmigrant. In order to obtain the visa, Mexican citizens are required to apply at a U.S. embassy or the consulate within Mexico. After submitting the application at either location, and should the application be approved, then you are able to apply for admission at certain ports of entry or at a pre-clearance inspection station.

Period of Stay for TN Visa

When you finally receive your TN Visa to enter the U.S., the initial period of stay can be up to a 3 year period. There are ways for extending your period of stay in the U.S. while you are still working. You must first apply for an extension. The extension application can be submitted by you or your employer. In contrast, if you have already left the U.S. before your period of stay expired; you may once again apply, using the same initial application and documentation, for a TN visa at certain ports of entry or at a pre-clearance inspection station using.

Contact Akrami & Associates to Apply for a TN Visa

It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for a TN Visa. TN Visas are difficult applications to pursue on your own, if you are unfamiliar, and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients travel to the U.S. for business matters through the TN visa and they are now happily working in the U.S. If you believe that you may be eligible for a TN visa, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!

Can I Sponsor my Spouse to the United States

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Can-I-Sponsor-my-Spouse-to-the-United-StatesHow to Bring your Spouse to the United States

Do you wish to have your spouse live permanently with you in the United States? Are you curious or confused on how to do so? The process can seem overwhelming and emotional; however in this article, I will explain the processes and steps in order to sponsor your spouse to the U.S. Specifically, in the U.S., a sponsorship is referred to as a petition and below will be a detailed explanation of who can petition, the requirements of the petitioner and the spouse, and more. At Akrami & Associates, we can try our best to unite you and your spouse permanently.

Who is able to Petition?

In the United States, your status determines who you will be able to petition for. In order for you to petition for your spouse to immigrate to the United States permanently as a green card holder, you must be a:

 

  • U.S. citizen, or
  • Green card holder (permanent resident)

2 Main Ways to Petition for your Spouse

There are two main ways for one to sponsor their spouse in the U.S. This is subdivided by whether you are a U.S. citizen or a green card holder.

U.S. Citizen

If you are a U.S. citizen and you are looking to sponsor your spouse, there are 2 main ways to do so. The two main ways are:

Inside the U.S.: You will have to apply to register as a permanent resident and also fill out the petition for an alien relative form, both at the same time.

Outside the U.S.: You will have to fill out the petition for an alien relative form. If and once the application is approved, then it will be sent for consular processing and the consulate will communicate with the applicant with regards to processing information.

Green Card Holder

If you are a green card holder and you are looking to sponsor your spouse, there are 2 main ways to do so. The two main ways are:

Inside the U.S.: You will have to fill out the petition for an alien relative form. Once you have done this, you will receive a visa number and then you must apply to adjust your status to permanent residency using the application to register as a permanent resident. Keep in mind, while waiting for your visa number, you must maintain your lawful status in the U.S. in order to proceed with adjusting your status.

Outside the U.S.: You will have to fill out the petition for an alien relative form. If and once the application is approved, then it will be sent for consular processing and the consulate will communicate with the applicant with regards to processing information.

Required Documentation for Spousal Petition

Most of the required documentation is from the petitioner applying to sponsor their spouse. However, the spouse that is being sponsored must also provide some details on the forms. Below is a list of documents the petitioner must provide.

  • Completely filled alien relative form that is signed with the proper fee
  • Completely filled and signed biographic information form (one by the petitioner and the other by the spouse)
  • A copy of the marriage certificate
  • A copy of all divorce certificates for all previous marriages that the petitioner and the spouse were involved in
  • Passport style photos of the petitioner and the spouse
  • Documentation with regards to legal name changes for the petitioner or the spouse, if applicable

Furthermore, as a U.S. citizen as well as a green card holder, you must provide proof of your status within the U.S. For instance for a U.S. citizen, they may demonstrate their status with:

  • A copy of your valid U.S. passport
  • A copy of your birth certificate
  • A copy of a Consular Report of Birth Abroad
  • A copy of your naturalization certificate
  • A copy of your certificate of citizenship

Whereas, for a green card holder, they may demonstrate their status with:

  • A copy of the front and back of their green card
  • A copy of your foreign passport which includes a stamp showing temporary evidence of permanent residence

What Constitutes a Conditional Residence & How to Remove Conditions

Your spouse will receive permanent residence status conditionally if you have been married for less than 2 complete years at the time that your spouse received permanent resident status. In order to remove these conditions on their permanent residency, both you and the spouse must fill out the Petition to Remove the Conditions of Residence form. On your spouse’s conditional resident card, there will be a date of expiration, and you must apply to remove the conditional status at least 90 days before that date. Keep in mind, if you forget or do not file for the conditions to be removed during this time frame, your spouse’s residency will unfortunately be void and terminated and they may be subject to removal from the U.S.

The Visa Petition is Pending – Can Spouse Live with Petitioner in the Meantime

Your spouse may be able to come to the U.S. to live with you as long as she/he is eligible and applies for a nonimmigrant K-3 visa. This is also only an option for petitioners who are U.S. citizens. Additionally, the spouse may be able to work in the U.S. with a K-3 visa. This may be a viable option for couples who wish to stay together while the spousal application is processing.

On the other hand, if you are a permanent resident of the U.S. and wish to live with your spouse while their application is being processed, you must have filed an alien relative form on or before December 21, 2000. If this is the case, then your spouse and/or dependent children may be able to apply for the V visa classification, only if more than 3 years have passed since the form was filed.

Contact Akrami & Associates to Petition for your Spouse

It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for a spousal petition. Spousal petitions are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients unite with their spouses and they are now extremely happy living together in the United States. If you believe that you may be eligible to petition for your spouse, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!

Visitor Visa for USA

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Non Immigrant Visa

Millions of individuals every single year travel to the United States for a variety of reasons including for work, school, or simply for a vacation. Although these are all wonderful reasons to travel to the United States, it is very important before doing so, that you ensure your eligibility by having all of the necessary documentation. Individuals who wish to travel to the United States for tourism purposes need to apply for Non-Immigrant Visa DS-160. To travel to United States as a visitor you need demonstrate your intent is for temporary purposes and able to take care of your expenses for the trip. If you are unable to support yourself during your trip than as the visitor you must provide affidavit support and relevant documents from the relative or friend in the U.S.

Citizens of some countries may not need visitor or business visa, as they may qualify for visa waiver program. These individuals qualifyas long as the terms of non-immigrant visa have not been violated in the past such overstaying their welcome stay. These countries include:

 

Andorra

 Hungary New Zealand

Australia

 Iceland

Norway

Austria

 Ireland

Portugal

Belgium

 Italy

San Marino

Brunei

 Japan Singapore

Chile

 Latvia

Slovakia
Czech Rebulic Liechtenstein

Slovenia

Denmark

 Lithuania

South Korea

Estonia

 Luxembourg

Spain

Finland

 Malta

Sweden

France

 Monaco

Switzerland

Germany

 Netherlands

Taiwan
Greece

United Kindom

Visitor Visa Documents for United States

The mandatory documents include:

  • Your current valid passport and old passports –for most individuals the passport has to be valid for 6 months while some countries are exempt from this rule and their passport has to be valid up to their period of stay in the United States. One blank page must be available.
  • One Passport size picture- cannot be older than 6 months and must be in colour
  • Your online confirmation page of DS-160 with CEAC bar code
  • Visa fee receipt
  • Original appointment interview letter

Other Documents

  • Purpose of travel
  • How long you remain to stay in the United States
  • Prove that you will go back to your home country once your visa expires
  • Able to support yourself during your time of stay
  • Copy of your travel itinerary
  • Bank statements
  • Property you own
  • Employment or professional documents
  • Family documents
  • Travel history
  • Travel documents

For the immigration officer to issue a visitor visa for United States, you have to make clear indication that you are only coming for temporary purposes and will exit once your visa expires. For example, if you are student and like to travel to USA for tourism purposes the immigration officer will know that as student you may not be able to provide most of the documents. So during the interview the officer will focus on the credibility and not the documents presented. They understand that young individuals may not be able to provide ties to their home country. In such cases the immigration officer may rely on the applicants grades or status, long term plans, parents status, prospects in home country, previous travel history etc.

Can I travel to United States if I don’t have sufficient funds?

If you are travelling to USA and you do have sufficient funds to support yourself during your time of stay, you must present credible evidence that you will be will be supported by family or friend in USA. The sponsoring person needs to send all original documents to the applicant and not to the consulate office. The applicant will then submit all documents together with their application. Some of these documents include:

  • Form I-134 Affidavit of support form (in this form you will be indicating you are able to support the persons you are inviting to USA as a visitor). You must use separate form for each person, even though some consulates like to have one I-134 but it is better to be safe and just submit separate forms. It does not need to get notarized
  • Employment letter from your employer that will state date you were employed, your salary, full-time or part-time position, temporary or permanent position
  • Pay stubs- 3 to 4 should be sufficient
  • Letter from the bank that will show when you open your account, how much you have deposited in the past year, present balance, last year balance
  • Bank statements from last 6 months- there is no specific amount how much you should have but having $5000 at least is recommended. How much you have to show also depends on how long you plan to visit for.
  • Letter to the consulate that will explain that you will take care of your friend or family personal expenses. This should be addressed to the consular that your friend or relative will be visiting at
  • Invitation letter that will explain on how you will accommodate them in your house and tourist place
  • Income tax documents – copy of last three years of your income tax, if you did not file your taxes explain why you have not, if you are self-employed include self-employed schedules with income tax returns or financial records or business accounts
  • Identity , legal and relationship documents

Can I be Denied Entry to USA for past Criminal Record?

There are many reasons you can be denied entry to USA these include:

  • Have health inadmissibility (communicable disease)
  • Possession of or trafficking in a controlled substance
  • Participating in terrorism or terrorist organization (waivers are not issued for this category)
  • Money laundering
  • Overstayed welcome stay in the past
  • Not meeting financial requirements
  • Misrepresentation
  • Prostitution
  • Fraud
  • Manslaughter

Contact Akrami & Associates

If you are looking to travel to USA as visitor and need assistance with obtaining your non-immigrant visa then contact us today for more information. Akrami & Associates has assisted many foreign travellers and we can definitely assist you too.

With Akrami & Associates there is always a way!!

Denied Entry into the United States

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Find out if you are eligible for the entry Waiver Application

Are you frustrated because you were so excited for your trip to the U.S. and the day has finally come but you arrive at the border just to find out that you are not allowed to enter the country. This may come as a surprise to many individuals and most of the time they do not even know why they got denied entry in the first place. If you are considered inadmissible to the United States you would have to apply for a Waiver Application to overcome your inadmissibility issue. Most people get offended and/or angry at the border security officers because the majority of time a person gets denied entry to the U.S. is because they may have committed crime from a really long time ago. Your criminal record stays with you forever (unless you go through the criminal rehabilitation process) so if you get denied entry do not be surprised if the officer uses the crime you committed over 10 years ago against you. Do not give up with your situation there’s still hope because with Akrami & Associates there is always a way!

What do I do if I get Denied Entry into United States?

If you get denied entry to any country, the worst thing for you to do is to attempt to re-enter through a different border especially if you want to enter the United States and are a Canadian citizen. By attempting to enter using a different border will not help your situation but just making matter worse because you did not follow the officers’ directions. It can possibly lead to you permanently not being able to enter into the U.S. The reason(s) behind why this is such a bad idea is that denied admissions are updated in U.S. database and are accessible as soon as they enter you into the system (when you get denied entry at a specific U.S. border). This could jeopardize your ability to enter the United States for the rest of your lifetime. Well then what should I do when I am denied entry into the U.S you might ask yourself. All you need to do at the border is stay as calm as possible and do not do anything that would make the officers question you and your situation. We encourage you to seek help from legal experts regarding serious circumstances such as this. When you hire an immigration lawyer experienced in U.S. law, the greater the rate of your applications’ success will be. If you have ever been charged or fingerprinted, an FPS number (Fingerprint Number) was created and linked to your name and associated charges/criminal record so by hiring a lawyer, they will be able to assess your situation and guide you towards the right direction and tell you what steps you should take depending on your charges and criminal activity which is denying you entry into the U.S.

What is a US Entry Waiver?

A USA Waiver also known as an Entry Waiver is a document issued by the Department of Homeland Security (DHS). The Department of Homeland Security is a cabinet department of the United States federal government. Some responsibilities of The Department of Homeland Security includes public security, granting entry to a Canadian citizen with a conviction into the US etc. The US entry waiver will remove all risks of being refused entry at the border. Now you may think that this sounds too good to be true however, the reason that this waiver (once approved) removes all risks of being refused entry at the border is the fact that the DHS is considered a “superior governing body” to the border guards. Depending on the nature of seriousness with your conviction, a U.S. entry waiver can be issued to you for a variety of time periods. If your offence is not as serious, A USA entry waiver can be granted for a period of years, usually 5, and then decreases to either 1 or 2 years if your conviction is on the more serious side. It is strongly advised that you start the renewal process six months prior to the expiry of your US entry waiver if you do not renew your U.S. entry waiver, you run the risk of being “kicked out” of the country at any given moment following the expiry date of your waiver. Also, if you overstay your welcome period, you will run the risk of potentially being inadmissible to the United States the next time you attempt to enter the country (United States of America). The length of the waiver normally depends on the extent or seriousness of the crimes you have committed and the period of time that has elapsed since conviction. Once you have received your US entry waiver, you will be legally allowed inside/permitted to enter the US despite your past criminal records/activities. If you need and/or require any assistance at all with your U.S. entry waiver, please do not hesitate to contact Akrami & Associates today.

How do I obtain a U.S. Waiver?

Obtaining a U.S. entry waiver is not as easy as it looks. However, although it is not easy to obtain, everyone who has ever been charged with a criminal conviction at one point in their lives (no matter how long ago it was) is encouraged to apply for a U.S. entry waiver prior to travelling to the United States of America. Obtaining a U.S. entry waiver is a long and tedious process that begins with having your fingerprints taken by the police or an accredited fingerprinting agency. When you choose to hire Akrami & Associates with your U.S. entry waiver application, we will/are able to complete your application from start to finish with little effort on your part. The finished application will include a long list of documentation required by American authorities such as border officers or immigration officers. This includes documents such as passport pages, biographical information, immigrations forms, conviction reports etc. To find out every document you need, you will have to call Akrami & Associates and one of our legal representatives will let you know depending on your situation/circumstance.

Contact Akrami and Associates today

The legal experts at Akrami & Associates have a lot of knowledge and experience to help assist you with your legal matter because we understand how daunting and overwhelming of a process it can be especially with a matter like the U.S. entry waiver where there are various documents that you are required to include, because of this you may not know where to start but that’s where we come in (once you hire us). We provide you with a list of documents to include and so instead of scrambling to search what you need to include along with your application, you just have to provide us the documents we state on the list we give you. Please call today and book your consultation.

With Akrami & Associates there is always a way!

Who can sponsor family to United States

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Sponsoring Family to USA?

Are you a United States of America citizen looking to sponsor your Canadian fiancée? Do you know if you are eligible to sponsor your family member? Do you think your family member is eligible to be sponsored? Many people do not know most of these things which is the number one culprit of failed sponsorship applications. Another reason many people receive unsuccessful applications is because they misunderstood a section of the application or forgot to include an important documents. Do not worry, if you contact Akrami & Associates we will determine both yours and your family member’s eligibility and help you by providing step-by-step assistance throughout your sponsorship process and ensuring that you are not missing any documentation.

The Different Types of Visas under the US Family Class

For United States family-based visas, there are four different types you can choose from depending your situation/which family member you are going to be sponsoring. Let’s start off by talking about each type of visa. The four different visas are, the Fiancée Visa, the Spouse and Children Visa, the Immediate Relative Visa (also known as IR), and the Family Preference Visa.

US Fiancée Visa

The fiancée visa is issued to a person who is engaged to an American citizen. When you, the sponsor (American citizen), apply to sponsor your spouse to the states, you need to marry your fiancé(e) within 90 days of them coming to America. Once your fiancé(e) is in America, they will then need to apply for a Green Card. A green card is also known as a permanent residency card. A permanent residence card is a card that allows an individual to work and live in the United States. Fiancée visa is also known as a K-1 visa. A K-1 visa if you do choose to sponsor your foreign fiancée, you are required to complete an application called “petition for alien fiancée”.

Spouse and Children Visa

The spouse visa, likewise its name, is a visa you may choose to apply for when you wish to sponsor your spouse (who resides in a different country) to the United States of America. To be eligible to sponsor your spouse you have to be married to the partner and having the marriage certificate.

Immediate Relative Visa

An immediate relative is a family member who is either your spouse, parent or unmarried children. The main requirement to obtain an immediate relative visa is that you, the sponsor, must be a US citizen. In order to acquire an immediate relative visa, you are required to complete the I-130 form. An I-130 form is a Petition for Alien Relative form. Basically, what this form consists of is a lot of space for you to provide your own personal information such as you name, address, date and place of birth, security number etc. Along with these personal questions there are also many spaces to provide information on the person you are going to be sponsoring. The immigration officers/government wants to know if you and the “family member” you are going to be sponsoring are legitimately relatives and not just pretending to be for the sake of the sponsorship. In order to prove that you both are immediate relatives, you will need to provide a lot of documentation proving that you two are indeed related and are immediate relatives.

Family Preference Visa

A family preference visa is much like an immediate relative visa however it has two main differences than that of the immediate relative visa. The two main differences is that for an immediate relative visa, you need to be a United States of America citizen whereas for a family preference visa, you (as the sponsor) do not have to be a U.S. citizen, instead to only have to possess a green card. Spouses and children are eligible to be sponsored by a U.S. green card holder. All in all, a family preference visa is very similar to an immediate family visa.

Who is eligible to sponsor or be sponsored?

In order to be eligible to be sponsored, or vice versa (to sponsor) you have to meet certain requirements. In order to be eligible as a sponsor, the first and most important requirement is that you have to be a permanent resident or citizen of the United States of America. As the applicant, or the person being sponsored, there are quite a few requirements in order to be eligible for sponsorship. You, as the sponsor, must be the age of 18 or over to be eligible for sponsorship. Instead of talking about who is eligible for sponsorship, let’s talk about who is not eligible. If you have committed a previous offence (whatever it may be) depending on how long it has been from the offence and the severity of it, you may not be eligible to sponsor. Another circumstance in which you cannot sponsor a member of the family-class is if you did not pay off an immigration loan, or if you declare bankruptcy, in which case you are financially unstable to take care of anyone you are thinking of sponsoring.

What Documents are Required when applying for US Sponsorship?

As with every government application form you have to include the required and mandatory documentation that is related to your case/situation. Documents are very crucial to your sponsorship process. The main source of documentation includes a photocopy of your current valid passport, a nonimmigrant visa application, which is the DS-160 form, confirmation page. Confirmation and Instructions page printed from this website, you also are required to include a colour photo of you which has been taken within the last 6 months. Family members of the applicant should present an original marriage certificate, if they are the spouse, and/or birth certification for the accompanying unmarried children under the age of 18 (if applicable). Many visa types require additional documents. The most important piece of documentation you are required to include is a copy of proof of your legal status in Canada. As you may know by now, in order for you to be eligible for sponsorship, you must be a permanent resident or citizen of Canada. The most common type of sponsorship is spousal sponsorship. The extra documents required for spousal sponsorship are two petitions, the first being the petition for alien relative, Form I-130, and the second being a petition for alien fiancé(e), which is form I-129F.

Contact Akrami & Associates Today!

At Akrami & Associates, we understand how intimidating and confusing it may be to sponsor a family member who falls under the family-class especially because there are so many categories that one can/may fall under. When you choose to work with the staff at Akrami and Associates, we will tell you which category you or your family fall under and we will help you with your sponsorship by providing you with our knowledge and experience on the topic of sponsorship. At Akrami and Associates we have dealt with over 15,000 cases and the firm has a very high success rate. We have helped hundreds of people with their cases and can help you with yours too! Don’t take any chances by completing the application by yourself, hire Akrami & Associates to increase your chances of a successful application and sponsorship. Remember, it doesn’t matter how big nor how small your case may be, at Akrami & Associates we will do our absolute best to solve your case with a successful outcome because there is always a way!