The Cannabis Act (Bill C45) is set to become law this summer. This may be joyous for some, it does have some serious implications for immigration. In particular, the legalization of marijuana will affect the ability of Canadian citizens’, permanent residents’, and temporary foreign nationals’ ability to enter the US.
Even though 29 States have legalized medical use of marijuana, and 9 States have legalized recreational use of the substance, its use still continues to violate US federal law. This means that simply the admission of use of marijuana to a border officer could render a person inadmissible to the US, under the US Immigration and Nationality Act (“INA”).
The stark contrast between Canadian and American policies on marijuana will have serious consequences for business. Under the INA an individual is inadmissible if an officer has “reason to believe” that they are illicit traffickers of the substance. Hence a person employed in the Canadian marijuana industry, in any capacity, travelling as a representative of a business related to the use, sale or cultivation of marijuana, could be rendered inadmissible based on such a “reasonable belief.” In fact, a Canadian citizen, applying for a NAFTA work permit in a U.S. based company involved in the marijuana industry could potentially be denied entry for the same reason, and consequently be permanently barred from the US. It is important to keep in mind that border officers have full discretion and because of the low threshold of proof required, they can choose to apply grounds that may not be reasonable. As Canadians we have no protection of civil liberties or due process.
Travelers and businesses alike need to start preparing for the changes which will occur in the coming months, as it is likely that the border crossings will be full of ‘hidden traps’. In general, travelers can expect longer delays, increased paperwork for pre-clearances, and more thorough checks at the border, not to mention the stress associated with the process. To learn more about the coming changes, and what you can do to prepare, contact Toronto lawyer, Janice Warren.
The Computer Systems Analyst is the only category of TN Visa for the field of IT. Many applicants may be confused about how to qualify for this visa, so it is important to understand what this category entails.
The Computer Systems Analyst observes and studies an organization to identify information needs and then designs computer systems to meet those needs. To do this, the Analyst uses data modelling, mathematical modelling, information engineering and other modalities. An important point to make here is that this title should not be confused with computer programming. Although system analysts may use computer programming, NAFTA has not expanded to include 'computer programmers.' This is crucial to point out because immigration officers must be convinced that the position is not that of a computer programming, and that programming is only one tool being used.
The requirements to obtain a Computer Systems Analyst visa are
1. A bachelor's degree in or closely related to computer science
2. Post-secondary diploma/certificate
3. Three years of related experience with this specific job title.
In addition, an applicant for a Computer Systems Analyst visa must provide:
1. Proof of Canadian citizenship
2. Detailed letter from prospective employer
3. Proof of Intent to return to Canada at expiration of TN visa stay
If you are considering a TN visa as a Computer Systems Analyst, contact Toronto lawyer, Janice Warren, for her expertise in dealing with TN visas.
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.