The lawyers at Serotte Reich Wilson, LLP (SRW) possess immeasurable experience in the handling of NAFTA cases for our Canadian clients. We are well-versed in the different requirements for each NAFTA category and we know how to package a solid application for presentation at the port-of-entry. Our comprehensive services, which include accompanying clients to one of our near-by borders, assist Canadians in obtaining a fast and efficient admission to the U.S. to immediately engage in an exciting business or employment opportunity.
Services
SRW provides focused expertise in the area of immigration law. We start with a comprehensive consultation, from which we formulate a client-specific strategy and detailed case plan. We then use our pragmatic and proactive problem solving skills to see cases to conclusion.
SRW offers clients direct access the attorney/attorneys handling the case. In addition, we provide clients unfettered access to their case status, frequent communications and a highly informative web site.
We understand that the immigration process is complicated and stressful. That is why from initial consultation through to case completion, we provide a smooth path to follow so you can focus on other important matters.
Unlaw Presence Alert
SRW has learned that the Toronto PFI (Pearson) port of entry is charging Canadian nationals with unlawful presence provisions even if an I-94 with a set expiration date was not previously provided.
Under section 212(a)(9)(B) of the Immigration and Nationality Act, noncitizens who were unlawfully present in the U.S. for more than 180 days, who departed the U.S. before any removal proceedings were commenced against them, and who then seek admission to the U.S. are inadmissible for a period of three years. Noncitizens who were unlawfully present in the U.S. for one year or more who leave the country and then seek admission to the U.S. are inadmissible for a ten-year periood.
CIS guidance reads that Canadians admitted as visitors without being issued an I-94 are not subject to unlawful presence provisions. SRW has learned, however, that Canadians have been charged with a 9B unlawful presence violation if the individual confirms the overstay in a sworn statement and CBP has documentation to determine the date of entry, date of departure and class of admission.
Any Canadian that has previously spent more than six months in the U.S. on any visit should conuslt with legal counsel before applying for another admission to the U.S.
If you have any questions on this issue, please contact SRW at 716-854-7525 or by e-mail at awilson@srwlawyers.com