Nice Sample CBSA Foss File Available from Toronto Star
20
Dec
Every wonder what information the CBSA kept about your border crossings. I just ran into this nice article and sample FOSS (Field Operation Support System) report. It showed the person’s crossing, the lane and time they entered Canada, the travel document presented, and whether the system was entered into the
Attorney General Remands Chairez-Casterjon
27
Sep
Earlier, I had reported on the Attorney General’s decision in Chairez-Casterjon. Chairez-Casterjon says that when a defendant is convicted under a statute which can be violated in a way which is not a crime involving moral turpitude and another way which could be a crime involving moral turpitude, the immigration
I-192 Waiver Times Going Up to Five Years
27
Jul
According to the American Immigration Lawyer’s Association, the time period for initial I-192 waivers is going up to five years starting January 1, 2017. An I-192 waiver (or technically “Advanced Permission to Enter as a Non-Immigrant”) is given to a Canadian citizen who is inadmissible to the United States by
Supreme Court Rules that Interstate Commerce Connection Is Not Need for Aggravated Felony
20
May
In a 5 to 3 opinion, the US Supreme Court found that state criminal offenses are analagous to their federal counterpart even though they do not have an interstate commerce connection. Interstate commerce is a jurisdictional hook that Congress inserts into many statutes in order for there to be a
BIA Holds that State Sentencing Guidelines Cap Lowers Minimum Sentence for Petty Crime Exception
14
May
Rejecting the Government’s argument to the contrary, the Board of Immigration Appelas held In the Matter of Juan-Emigdio-Giron has held that the sentencing guideline maximum sentence trumps the statutory maximum sentence for purposes of the petty offense exception. That petty offense exception holds that an individual is not inadmissible or removable
US Government to Step Up Border Enforcement
CBSA’s New Screening Measures Catch More People in Their Net
12
May
Over the years, I’ve heard of many people who routinely cross the Canadian border with criminal records. Because the individuals aren’t particularly noteworthy, they were never referred for secondary inspection and their records were never detected. At primary inspection, the officers did not have the ability to run criminal records.
A US MBA Doesn’t Guarantee an H1B Visa
1
May
The article is a year old, but still applicable. Here is a link to interesting article on the advanced degree exception to the H1B cap. This year 20,000 seats were reserved for advanced degree holders from American public (or non-profit) universities. Sorry University of Phoenix grads! The exception was meant to
Visiting Mexico With a Criminal Record
28
Apr
There has been a lot of discussions about US and Canadian criminal admissibility issues. Very rarely have people talked about Mexico. Until recently, it appears that Mexico did not spend significant time investigating these issues and any legal prohibitions on criminal admissibility were largely unenforced. This appears to be changing.