If you are Unable to Iminigrate to the United States, Canada is Your Alternative

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- If You Are Unable to Immigrate to the US, Canada is Your Alternative

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For many people, whether they live abroad or here as Undocumented aliens, obtaining an immigrant visa has become very difficult. Additionally, those who are petitioned by a relative may have to wait for many years for their move to the United States. This article will discuss the immigration barriers to the United States and the Canadian alternative.

The U.S Immigration Barriers

First of all, with the expiration of section 245(i), undocumented foreign nationals who will be petitioned by a relative or employer will be forced to return to their home country to obtain their immigrant visas Unfortunately, due to a recently enacted law, once the undocumented foreign national leaves the United States they will become subject to that law and it will bar them from re-entering the United States for 3 or 10 years. This is the situation:

(1) you have your visa waiting for you overseas,

(2) however, if you leave the country to get your visa, you may not be allowed to re-enter the United States for a long time,

(3) and if you don't leave fearing you won't be able to re-enter you will remain out of status indefinitely.

Secondly, for those who are in exclusion or deportation procedures, the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRAIRA) has introduced new provisions which substantially change the basis for deriying admission to aliens and removing aliens already in the United States The new law requires asylum-seekers to file their request within one year of entering the United States. This affects those already residing here, either illegally or on temporary visas. Newcomers claiming asylum upon arrival at a U.S port must immediately demonstrate "credible fear" of political or religious persecution. Their applications must be adjudicated within one week. During this week, the applicant will remain in immigration custody. If the application is denied, they will be excluded and immediately forced to return to their home country.

Additionally, the new law will change the rules of "suspension of deportation." Under the old law, the court granted '^tsuspension of deportation" to those of "good moral character" who have lived in the United States for at least seven years and proved "extreme hardship" if they were forced to leave the country. The new law extended the required residency period from seven to ten years and applicants must prove that their removal would cause "exceptional and extremely unusual hardship" not to themselves, but to a legal resident spouse, parent or child. Also, the number of approved applications is limited to 4,000 a year.

Another immigration barrier that took effect last December 19th is that a U.S. resident who sponsors an immediate relative will be required to show an income of at least 125% above the federal poverty level. This new requirement will legally bind U.S. sponsors to support their relatives until they become U.S. citizens or until they have worked and paid taxes for at least 10 years.

Should the U.S. sponsor fail to provide a basic level of support, s/he could face a lawsuit from the U.S. government and private aid agencies or from the relatives whom they Sponsored to the United States. The minimum income required from a family of four sponsoring a relative is set at $20,062. In the past, potential immigrants were required to demonstrate that they would not become a public charge once they arrive to the United States. Now prospective immigrants will be required to find sponsors willing to sign "affidavits of support" which would commit sponsors to provide for the new immigrants. The new law makes immigrants deportable should they be caught living on public aid. Next year, among the 600,000 U.S. residents who will petition their relatives, only 60% would quality to bring in their loved ones. Refugees and political asylum-seekers are exempted from the new rule because they don't have U.S. relatives to Sponsor them.

The quota system Used by the U.S goverrunent plays a substantial role in limiting immigration. This quota can be considered a main bairier to legal immigration. For instance, those who are eligible to immigrate based on a family or employer petition must fail within strict, limited categories. In some cases, applicants for immigration can wait up to 10 years or more to immigrate because of the system's numerical limits. Here are Some Statistics:

If a U.S. citizen is sponsoring a son or a daughter over the age of 21-years-old, this category limits the admission number of immigrants to 23,400 per year. The waiting period for most countries is approximately one year for unmarried children and 3 years and more for married children, For those born in the Philippines, the waiting period is approximately 11 years for unmarried children and 12 years for married children. A U.S. citizen who is sponsoring a brother or a sister, the annual admission in this category is limited to 65,000, The waiting period is up to 10 years for some Countries. For those born in the Philippines, the waiting period is over 20 years long.

The Canadian Alternative

The Canadian immigration system contains unique features which provide an advantage to those who quality as an independent immigrant. It is possible to obtain permanent residence in Canada without having a job offer and/or without labor certification. Additionally, there are no country quotas; new immigrants may sponsor certain family members once they are established; and there is a relatively short three year residency requirement for citizenship.

All applicants are assessed according to the "selection system.^tt Selection in this category is based on a point system in which certain socio-economic factors are assigned points. To be successful in obtaining permanent residence in Canada, an applicant must normally receive 70 points based on the following: Age, Education, Occupation, Work Experience and Language ability.

Also immigration to Canada is available to those who wish to be self-employed or establish small businesses. The Canadian government facilitates the immigration process to self-employed and entrepreneurs by not requiring a fixed net worth standard. An entrepreneur may qualify for Canadian immigrant visa if he/she shows the ability to establish, purchase or make a substantial investment in a business or commercial venture in Canada, and whose business will create or maintain employment opportunities in Canada for one or more Cariadian; citizens or permanent residents.

Canada may present an interesting and viable alternative for aliens unable to adjust status in the U.S. and who do not wish to return to their home countries. Also for those who are overseas waiting for a U.S. visa from petitioning relatives in the United States, the idea of coming to Canada may ease the pain of separation by having regular visits to the other side of the border.