Bill C23, Preclearance Act 2016, an Act which gives U.S. border guards new powers to question, search and detain Canadian citizens on Canadian soil, has been given Royal assent, and will soon made into law.
A preclearance allows Canadian visitors to the States to clear U.S. customs while still at a Canadian Port of Departure. Once a Canadian visitor has cleared this Preclearance, they will no longer need to go through any further requirements in the US. Although this may sound like a faster, easier and more convenient way to visit the States, it also has many cautionary implications.
Under the pre-existing laws, a traveler who changes their mind mid-way through the screening process may decide to walk back from the situation without questioning. Under the new passed bill such travelers could be forced to answer questions about the reason for their withdrawal and risk being detained for exercising the right to withdraw.
Another key power that the U.S. officers have on Canadian soil is conducting strip searches. In the existing framework, a strip search can only be conducted by a Canadian officer, though a U.S. officer may be present. Under the new Act, if a Canadian Officer is unavailable or unwilling (perhaps because it is not necessary in his/her judgement), U.S. officer can conduct a strip search despite this.
This bill also creates caution for permanent residents of Canada, as this new Act may threaten the automatic right of these persons to enter Canada. If an U.S. Border officer has reason to suspect that a Canadian permanent resident has violated his/her residency requirements they may deny the permanent resident from boarding their flight to Canada (although entry through land would still be possible).
It is predicted by many that Canada is going in the direction of imposing Exit Controls, and it also seems reasonable to predict that private vehicles will be facing increased scrutiny at the US border.
These changes spell caution for travelers to the U.S. and it is important to be informed of the situations you will potentially encounter at the border. To ensure that you have the information you need before crossing the border, contact Toronto Lawyer, Janice Warren.
The average temperature for January in Florida is 29C.
The average temperature in Ontario is -5C.
Does this comparison confirm your wish to escape to Florida during the cold Canadian winter months? When you have a will to move to Florida, there are is a way, through an investor visa.
Investor visas, also known E2 visas, are available to nationals of countries that have made trade treaties with the United States, and Canada is one of more than 30 countries on this list.
There are four ways to get an E2 visa
(1) Buy an American business
(2) Start a business in the United States
(3) Partner with a U.S. Citizen
(4) Buy a franchise in the United States
An E2 visa can give you the opportunity to reside in the United States with your family while also being an investor. An E2 visa will initially be granted for five years but may be extended indefinitely as long as your business is operating.
It is important to note that you must show that your business has the future capacity to produce enough income to meet the minimum standard of living As an E2 investor or you must have a minimum 50% stake and significant managerial and operational control over the business you invest in.
Your application can include your immediate family members including your spouse, and children under the age of 21. In fact, spouse of E2 visa holders may apply for work authorization for the United States.
Pathways to becoming a Green Card holder:
Once you are an Investor Visa holder, apply for Green Card by;
(1) Investing more money and becoming an EB5 green card holder while maintaining business operations in the U.S.
(2) A relative of the investor, who as a U.S. citizenship or a green card holder, may sponsor the investor
(3) The spouse or child may pursue an advanced degree in the United States
(4) An offspring of the Investor marrying an U.S. citizen and obtaining a Green Card
If you are ready to move south with an Investor visa, you will need a great deal of evidence to support your submission. The process for this visa can be lengthy and there can be strict deadlines. Talk to Janice P Warren first to ensure that your application goes smoothly!
In practice for 20 years, Janice P. Warren has concentrated her immigration law practice on helping Canadians move to the United States and finding ways to make their move as efficient and cost-effective as possible.