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DOS AND DON'TS FOR YOUR immigration case

1/22/2021

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Immigration cases can be long and complex, but there are many ways to make a matter easier and faster, both for yourself, your lawyer, and your file. In this post, I will go over several DOs and DON'TS when it comes to making your matter go as smoothly as possible.

DO
  • Give as much relevant information as you can. This includes both speaking with your lawyer and when providing documents. It is always better for your lawyer to have too much instead of too little; as a lawyer I know what will help strengthen a case, and what can (or should) be left out.
  • Be open. The lawyer-client relationship is strengthened enormously by confidentiality; this means that any discussion between the two - about specific legal matters they agreed to - must never be disclosed to anyone. This encourages the sharing of information, even if it is of a highly negative, or embarrassing nature, in order. Lawyers are forbidden from sharing it with others except under exceptional circumstances. If a lawyer is to be an effective representative, they must know everything that the client does about the issues.
  • Be aware of fees. You and your lawyer will, in a contract signed by both of you (called a Retainer), agree to a fee schedule, including amount of payment, time to pay, and other terms, such as interest and taxes. In immigration matters, I have a block fee, rather than an hourly rate; this ensures that you know how much you will have to pay for ahead of time, especially if there are multiple steps in the process, with varying levels of complexity and time required at each step.
  • Update your lawyer on new developments; depending on the immigration program, there are many critical things that could alter eligibility positively or negatively. Major life developments, such as marriage, a new job, or graduation can have implications for your case, and keeping your lawyer informed will ensure that you are given the best possible advice. I will let you know what the important ones are in your case.
DONT
  • Contact your lawyer unnecessarily. As much as possible, keep communication about non-legal issues to a minimum; this includes both electronic and phone communication.
  • Avoid responding to inquiries from your lawyer. I never contact a client without good reason relating to their case; a lack of timely response to an emailed question or a phone call can have negative effects, whether missing a deadline or being unable to clarify an important point for an application. If you change your contact information, let me know of the effective date and the new details.
  • Be afraid to ask me questions. The earlier an open discussion begins, the faster any problems can be solved, or avoided entirely.
All of the above apply to any type of legal issue you have, not just immigration. Keeping these points in mind will help me be better able to help you!
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canadian border entry

1/7/2021

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Picture
A view of the Rainbow Bridge border crossing between Canada and the United States at Niagara Falls, Ontario.
Canada shares a land border with one other country: the United States, as well as links to the rest of the world via ships and planes. Points of Entry into Canada, whether at the land border or in other countries, are governed by the Canada Border Services Agency, for both people and cargo (i.e prohibited items). In this post, I will overview the process, because entering Canada is an inevitable step for any immigrant, yet is separate from and apart from IRCC (Immigration, Refugees, and Citizenship Canada)'s purview.

When someone arrives at a border, CBSA officials can ask questions of them, search their vehicles, luggage, or electronic devices, in order to look for any inconsistencies in a person's story. As they have the discretion to deny a person entry irrespective of whether they were given permission by IRCC, the importance of telling them the truth is absolutely vital. Although regular travelers to Canada, and those entering from the United States, can bypass much of this process upon certain applications, entering Canada is never a casual matter.

For non-citizens, entry is generally more stringent than for citizens, as a Canadian passport gives . Temporary visitors have to convince an officer that the reasons for their entry match their approved visa. Someone entering Canada on a study permit, for example, has to convince the border agent that they are in fact going to study, with evidence such an invitation from the school, proof of tuition payment, housing papers, etc. Much of this information should already be available from the original application, but having it at in an organized package during a crossing will make the process much simpler and easier.

As your lawyer, I will create a Port of Entry package tailored to your specific needs. For people in more complex situations, such as asylum seekers, those who have been previously refused entry to Canada, or with a criminal conviction in their past, the legal ramifications of anything they disclose at the border can be very serious, and it is especially important to have the backing of experienced counsel, both in preparing for any interview with CBSA officers, and to provide relevant legal authorities, including guidelines, regulations, and laws, to increase their chances of being allowed in.

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Canadian Citizenship

1/3/2021

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Citizenship is the final status obtained after an (often very long) process. With it come the rights and privileges of voting in Canadian elections, coming and going from Canada at will with a Canadian passport, and being able to work in certain government/classified positions, as well as being able to sponsor others to come to Canada. Unlike in many other countries, citizenship can be granted by no more than being born within the country's borders (with certain exceptions, such as diplomatic missions). Nearly a quarter of the Canadian population is foreign born, and they acquired citizenship after a thorough process of evaluation by the government.
A key portion of the application is the residency requirement, derived from Citizenship Act regulations. The requirement is that an application maintain their residency in Canada for a total of three years (1095) days minimum in the five years before applying. Importantly, these are not required to be consecutive times, only total. There are exceptions to strict physical presence, such as children going on a trip with parents, travel as part of employment, or visiting relatives. However, determining whether an exception applies in certain situations can be tricky, which is why having a lawyer's assistance for citizenship applications is vital. 
A permanent resident must show evidence of their living in Canada, including old addresses, proof of any travel history outside Canada (from passports), references from landlords, former employers, or others who can verify the information in the application. Contradictory information could result in delays, or even a rejection at worst. This is why it is important to gather and retain information, to save time during the application process. It can then be a simple matter of adding up the days and knowing for certain you are eligible at the time you apply.
Rejected citizenship applications can only be challenged in Federal Court, which is both time-consuming and expensive; this is why it is so important to have a strong application to start with.
Even after all of the above, and the application is approved, an applicant needs to pass the citizenship test (on subjects including Canadian history, geography, and politics), before their citizenship certificate is approved (and with it the ability to obtain a Canadian passport or register to vote).
This is just a brief overview of the complexities of citizenship law. Adopted children, residents outside Canada with parents born before certain dates, and other exceptions have been the subject of litigation too detailed to go over in this space. In future posts, I will discuss some of these issues further.
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    This blog details the many legal issues among Luka's practice areas, for a general audience. None of this information is a substitute for legal advice.

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