Immigrating to the US from Canada

For those who do not have any family ties to the US, it may be possible to move due to the basis of your job. There are employment-based preference visas that may be relevant based on your personal circumstances and career history. If your career is one that is well sought-after, such as someone in the medical field, your application may be processed quickly and successfully, on the basis that you will be bringing your expertise to the US.

You may also have a successful application based on the principles of ‘the luck of the draw’ within the diversity visa program, also known as the green card lottery. This is a program that allows 55,000 individuals an immigrant visa annually, by randomly selecting their names from a pool. Approximately 13 million people applied for the lottery in 2020, and with only 55,000 places available, the success rate is less than 1%, so you would need to be incredibly lucky!

Another way to gain permanent residence within the U.S. is if you are seeking asylum, or have been granted refugee status.

Each application is relatively complex and requires a substantial amount of documentation and information. Each visa will have its own specifications, so the requirements will vary, depending on your desired visa.

As a generalization, some of the requirements for immigration may include:

• Meeting the age requirements of your chosen visa
• Meeting the financial requirements of your chosen visa, and providing evidence of your finances
• Providing proof of relationships to a US citizen, which can be by showing a birth certificate, marriage certificate, or civil partner certificate
• An approved petition from a relative who is sponsoring you to go to the US (where relevant)

The following documents may need to be included in your U.S. visa application:

• A copy of a medical certificate proving your current health status, and any required vaccinations
• Any documents relating to an individual’s criminal history (if relevant)
• Any documents relating to previous immigrant status (if relevant)
•  The applicant’s valid passport and/or travel documents
• Proof of a formal job offer in the US (if applying via the employment visa)
• Letter from your sponsor organization outlining the nature of your employment
• Notarized and certified translations of all official documents that were not originally in English

Not only do you need to meet the eligibility requirements to successfully immigrate to the US, but you also have to demonstrate that you are not inadmissible. You may be prevented from immigrating to the US if any of the following apply to you:

• You have a communicable disease
• You have a mental or physical disorder that could threaten public health
• You have a history of drug abuse or addiction
• You have a record of drug trafficking
• You have a conviction of a crime involving moral turpitude
• You have a history of criminal convictions
• You have intentions and/or a history of committing espionage or terrorism
• You have participated in Nazi persecution, genocide, torture, or extrajudicial killings
• You are in violation of US immigration law

However, if you fall into any of the above categories it does not necessarily mean that you will be prevented from immigrating to the US. Speak to an immigration lawyer at Total Law, and you may find that you have the opportunity to demonstrate your eligibility, in spite of falling into one of the preventative categories.

Regardless of the type of visa you select for your circumstances, the best step is to get in touch with the team at Total Law, so you know that you are guaranteed the right path, and stand for a much higher success rate for your immigration application. You can contact us seven days a week, either on the phone or by using the online chat function to speak with one of our client care agents.

The green card is also known as holding Lawful Permanent Residence (LPR) in the US, and there are several ways in which you can apply for one. A green card is not the same as obtaining US citizenship, but it will give you more rights than if you just remained on your visa.

Green card through family
You may be eligible to apply for a green card through your family if you qualify for any of the following criteria:

• You are the immediate relative of a US citizen
• You are another relative of a US citizen or green card holder
• You are the fiancé(e) of a US citizen or the dependent child of the fiancé(e)
•  You are the widower of a US citizen
• You are the victim of abuse from a spouse, child, or parent of a US citizen

Green card through employment
You may be eligible to apply for a green card through employment if you qualify for any of the following criteria:

• If you are an immigrant worker (preference system)
• If you have a physician national interest waiver. This is for physicians who agree to work time in an underprivileged designated area
• If you are an immigrant investor. This is for eligible individuals who intend to invest at least $1 million in a new commercial enterprise, or $500,000 in an area of targeted employment.

Depending on which part of Canada you are from, and which part of the United States you would like to make your new forever-home, will change the best route in which to transfer your precious belongings. It is certainly an option to hire a moving truck and drive yourself across the borders. However, if you consider the logistics if, for example, moving from the Northwest Territory to Texas, you’re looking at a distance of approximately 4,029kms (2503.505miles), then you’re looking at quite the commute! It is best to consider some options locally before deciding which is the best path to take.