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Some day one of your employees may call you from a pay phone at the airport or the bridge: "They won't let me into the U.S.A.!"
The reason is usually either:
This overall Web site covers the first reason---lack of proper work permit. The B-1 visa page indicates when you need a work permit. Also see the visa selector to choose the right permit, and the general FAQ-Frequently Asked Questions.
This particular Web page covers the second reason---"undesireables".
These border problems can deeply involve corporate management. Employees are often needed in the U.S.A. quickly. Delays can stymie business plans. This revelation of an employee's background can trigger a reexamination of your relationship with him or her. These events can have deep personal significance to the employee. If deemed "undesireable" the employee is completely barred from traveling to the U.S.A.---even for vacation or shopping. The employee will often view the work assignment as "triggering" the immigration bar.
Invariably you will support the employee. This page helps you give this support. You can print it out for all of your employees traveling to the U.S.A. to prevent problems.
This is a joint Web page of our office and the renowned immigration law firm of Serotte, Reich, Seipp and Kenmore. Our firm assists Canadian and U.S. businesses with U.S. work permits for Canadians. Serotte et al also does this, but their practice is broader. It includes immigration work:
We cooperate with this firm on many immigration matters. (Because of the challenging nature of immigration law, you will find that immigration lawyers show an unusually high degree of cooperation with one another.)
Serotte, Reich, Seipp & Kenmore are the authors of this FAQ. Here is their address so you may contact their office:
Serotte, Reich, Seipp & Kenmore
Attorneys & Counselors At Law
300 Delaware Avenue
Buffalo,
New York 14202
Voice: 716.854.7525
Fax: 716.854.0294
srsk@srsk.com
CONTENTSWe receive calls every day from Canadian citizens refused entry at the U.S. border. Many are genuinely bewildered:
"Why was I refused? I've been coming to the U.S. with no problem for twenty years!"
For some people, refusal is simply a problem getting the U.S. immigration inspectors to understand the reason for the trip. For others, a nearly forgotten brush with the law, perhaps in student days, has been resurrected as a border barrier.
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The U.S. computer may remember more than the RCMP.
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Only U.S. pardons help you cross the U.S. border.
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U.S. law excludes any foreign person who has a conviction for a "crime of moral turpitude", or a violation of law relating to a controlled substance. "Moral turpitude" is not exhaustively defined: it includes offenses involving theft or fraud, as well as murder and forms of aggravated (but not simple) assault. Ask us about the effect of specific convictions.
Even if you have a conviction for a crime of moral turpitude, you may still be admitted to the United States if:
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First, find out if the offense does indeed bar your from entry to the U.S. The information on the INS computers is usually sketchy. The burden is on you to prove you should not be barred. You can often quickly obtain and show detailed information that will allow your entry and correct the INS computer. Our office will often work together with your Canadian lawyer to prove this.
Even if you are inadmissable U.S. Immigration can "waive" exclusion and admit you. Thousands of Canadian waiver applications are granted each year, based on these issues. The single most important factor is the passage of time since the violation occurred. Also:
The waiver application package can be obtained from any U.S. immigration office or from an immigration attorney. It requires a personal statement, information forms, and fingerprints for both Canada and the U.S. Adjudication may take several months. If approved, an initial multiple-entry waiver will be granted, usually for six months. Extensions require new fingerprints if the previous prints are more than a year old. A Border Crossing Card may be available to eliminate the need for annual renewal applications. (See the FAQ-Frequently Asked Questions, "How can I make it go faster?")
"Parole" may be granted, on written application, for emergency entry while the application is pending.
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Law Office of Joseph C. Grasmick
Business Immigration
Olympic
Towers
300 Pearl Street Suite 200
Buffalo, New York 14202
This Internet Web page is http://www.grasmick.com/serotte.htm