Canada Immigration Lawyer in USA: Immigrate to Canada
If you are interested in moving to Canada and taking advantage of how our immigration lawyers can make the process a stress-free experience.
Speak to Total Law about your case to get expert help from experienced immigration lawyers. Contact us at +1 844 290 6312 or use our online chat to get in touch.
Page Contents
- Hiring a Lawyer to Immigrate to Canada from the US
- Which immigration program should I choose?
- Canadian Visas for US citizens
- How to Legally Move from the UK to Canada
- Denied Entry to Canada
- Canada Visa Processing Time
- How to Get a Canadian Visa Step by Step
- Canada Visa Fees
- Canada Immigration Services
- How Can We Help
- Frequently asked questions
Hiring a Lawyer to Immigrate to Canada from the US
If you have decided to immigrate to Canada, you should be aware that the process involves a significant amount of administration and paperwork.
It is essential to explore all your options before submitting an immigration application, as this can be a costly and time-consuming process. Although close neighbours, the United States and Canada have very different immigration systems with precise requirements for those who wish to move north of the border.
For this reason, many applicants choose to instruct a qualified Canadian immigration lawyer, including those based in the US, to take carriage of their case, identify the most suitable pathway, and minimise the risk of refusals, delays, or costly mistakes in their applications.
A professional can help you understand the rules, prepare strong supporting documents, and respond quickly if the authorities request further information or raise concerns about your eligibility.
How to Move from US to Canada?
There are several available immigration routes for those looking to move from the United States to Canada.
Some of the most popular routes are:
The best visa for you will be most appropriate to your circumstances.
Express Entry for US Residents
The Express Entry system is the most popular pathway for skilled workers in the US to move to Canada permanently. It manages applications for three main economic programs:
- The Federal Skilled Worker Program (FSWP)
- The Canadian Experience Class (CEC), and
- The Federal Skilled Trades Program (FSTP).
For US residents, the FSWP is a common choice. To be eligible, you must meet specific criteria:
- You must have at least one year of continuous full-time (or equivalent part-time) paid work experience in a skilled occupation (TEER 0, 1, 2, or 3) within the last 10 years
- You must demonstrate your proficiency in English or French by taking an approved language test, such as the IELTS or CELPIP. For the FSWP, you generally need a minimum of Canadian Language Benchmark (CLB) 7 in all four abilities
- If your education was completed outside of Canada, you must provide an Educational Credential Assessment (ECA) to show that your foreign degree, diploma, or certificate is valid and equal to a Canadian one
- Unless you are currently authorized to work in Canada and have a valid job offer, you must show that you have enough money to support yourself and your family after you arrive. For a single applicant, this is approximately CAD$14,690
- You will be ranked using the Comprehensive Ranking System (CRS). Factors include your age, education, work experience, and language skills. US residents often have an advantage due to high English proficiency and recognizable work experience
Family Sponsorship for US Residents
If you have a relative who is a Canadian citizen or permanent resident, they may be able to sponsor you to come to Canada.
Real-Life Examples of Successful Applications:
- Spousal Sponsorship: A US citizen married to a Canadian citizen can be sponsored for permanent residence. For example, if “John” (a US citizen) marries “Sarah” (a Canadian), Sarah can sponsor John. If they are living together in the US, Sarah must demonstrate that they intend to live in Canada once John becomes a permanent resident. They must provide evidence of their genuine relationship, such as shared bank accounts, photos, and communication logs
- Common-Law Partner Sponsorship: US residents who have lived with their Canadian partner for at least 12 consecutive months in a marriage-like relationship can also apply. Proof of cohabitation, such as joint leases or utility bills, is crucial
- Parent and Grandparent Program (PGP): A Canadian citizen can sponsor their US-based parents. This program operates on a lottery system and requires the sponsor to meet specific income thresholds for the past three tax years
Canadian Work Visas for US Residents
US citizens have a unique advantage when applying for Canadian work permits due to the Canada-United States-Mexico Agreement (CUSMA), formerly known as NAFTA.
CUSMA Professionals:
This allows US citizens qualified in one of over 60 targeted professions (such as accountants, engineers, computer systems analysts, and management consultants) to work in Canada without a Labour Market Impact Assessment (LMIA). This significantly speeds up the process. To apply, you generally need:
- Proof of US citizenship
- A valid job offer from a Canadian employer in a listed profession
- Proof of qualifications (degree, license, or experience) required for that profession
Intra-Company Transferees:
If you work for a company with a branch in Canada, you can transfer to the Canadian office. You must have worked for the company for at least one year in the last three years in an executive, senior managerial, or specialized knowledge capacity.
Navigating the specific requirements for US residents can be tricky. Whether you are applying for Express Entry or a work permit under CUSMA, our lawyers can help you secure your status. Contact us today.
Canadian Family Visas for US Residents
Beyond permanent sponsorship, other visas are available for family members of Canadians residing in the US.
- Super Visa: This is a popular option for parents and grandparents of Canadian citizens or permanent residents. Unlike a standard visitor visa, the Super Visa allows eligible parents to visit their children or grandchildren in Canada for up to 5 years at a time. It provides multiple entries for a period of up to 10 years.
Eligibility: You must be the parent or grandparent of a Canadian citizen or PR, have a signed letter of invitation, proof of private medical insurance from a Canadian insurance company, and pass a medical exam.
- Dependent Child Visa: US residents who are dependent children of a Canadian citizen can be sponsored. To be eligible, the child must be under 22 years old and not have a spouse or common-law partner.
Canadian Business and Investment Visas
Canada offers several business and investor routes, including the federal Start-Up visa and various entrepreneur or business programs administered by provinces and territories. These schemes often require detailed business plans, proof of investment funds, and support from designated organizations or provincial authorities.
A Canada immigration lawyer can assist with:
- Assessing which business stream best fits your profile and risk appetite
- Preparing compliant business plans and gathering evidence of management experience and lawful funds
- Coordinating immigration steps with corporate set-up, tax, and regulatory advice
Denied Entry to Canada
Even with a visa or visa-exempt status, entry to Canada is not guaranteed. US citizens are frequently denied entry due to “inadmissibility.”
Common Reasons for Entry Denial
- If you have a criminal record in the US, such as a DUI (Driving Under the Influence), reckless driving, or theft, you may be inadmissible to Canada. Even a conviction from years ago can prevent you from crossing the border
- You may be refused if your health condition is expected to cause excessive demand on Canada’s health or social services
- Failing to provide complete documentation or lying to a border officer (misrepresentation) can lead to an immediate ban
How to Overcome Inadmissibility
- Temporary Resident Permit (TRP): If you are inadmissible but have a valid reason to travel to Canada, you may apply for a TRP. This is a temporary solution for a specific trip
- Criminal Rehabilitation: If at least five years have passed since you completed your sentence, you can apply for criminal rehabilitation. If approved, this permanently resolves your inadmissibility
- Legal Deemed Rehabilitation: In some cases, if enough time (usually 10 years) has passed since a single non-serious offence, you may be deemed rehabilitated automatically, but it is risky to rely on this without legal opinion
When to Hire Legal Representation
If you have any criminal history, it is highly advisable to consult a lawyer before attempting to cross the border. Being turned away at the Port of Entry is stressful and creates a record that complicates future travel.
If you have been denied entry to Canada or have a past criminal record, do not risk a refusal at the border. Contact our immigration lawyers now for assistance with TRPs or Rehabilitation.
Canada Visa Processing Time
Processing times for Canadian visas can vary significantly depending on the type of application, the volume of applications being handled by IRCC, and whether the application is complete.
Average Processing Times (Estimates for US Residents)
| Visa Type | Estimated Processing Time |
| Visitor Visa | 20–30 days |
| Study Permit | 8–12 weeks |
| Work Permit (from outside Canada) | 3–5 weeks |
| Express Entry (Permanent Residence) | 5–8 months |
| Spousal Sponsorship | 10–16 months |
Factors Affecting Timelines
- The time it takes you to give your fingerprints and photo counts towards the total processing time
- Applications from the US are often processed faster than those from other regions
- Incomplete applications are often returned or delayed. Submitting a “decision-ready” application is the best way to avoid delays
How to Get a Canadian Visa Step by Step
Applying for a Canadian visa involves several steps. Following the correct procedure is important for a successful outcome.
- Determine which visa you need (e.g., work, study, visitor) and ensure you meet the criteria
- Most applications for US residents are done online through the Immigration, Refugees and Citizenship Canada (IRCC) portal
- Collect necessary documents such as your passport, proof of funds, job offer letter (if applicable), and letter of explanation
- Complete the application forms online. Ensure all dates and personal details match your passport exactly
- Pay the processing fees and biometric fees online using a credit or debit card
- Upload your documents and submit your application
- You will receive a Biometric Instruction Letter (BIL). You must book an appointment at a Visa Application Centre (VAC) or Application Support Center (ASC) in the US to give your fingerprints and photo
- IRCC will process your application. You may be asked for additional documents or a medical exam
- If approved, you may need to send your passport to be stamped (though US citizens often get a letter of introduction instead)
Common Mistakes to Avoid
- Leaving gaps in your employment or address history
- Failing to translate documents that are not in English or French
- Uploading blurry or illegible copies of documents
Canada Visa Fees
Below is a breakdown of the government fees associated with common Canadian visa applications. These fees are in Canadian Dollars (CAD) and are subject to change.
| Application Type | Fee (CAD) |
| Visitor Visa (including Super Visa) | $CAN 100 |
| Work Permit (per person) | $CAN 155 |
| Study Permit (per person) | $CAN 150 |
| Biometrics (per person) | $CAN 85 |
| Express Entry (Processing Fee) | $CAN 1,525 |
| Right of Permanent Residence Fee | $CAN 575 |
| Spousal Sponsorship (Sponsorship fee + Principal applicant fee) | $CAN 85 |
Optional/Additional Costs
- Hiring a lawyer involves separate professional fees, but can save money in the long run by preventing refusal
- Medical Exams, paid directly to the panel physician
- Police Certificates, costs vary by state/country
Unsure about the total cost of your immigration journey? Our team can provide a clear breakdown of costs and handle the payment process on your behalf. Contact us today.
Canada Immigration Services
Navigating the Canadian immigration system can be a complex process. Hiring an immigration lawyer offers peace of mind and significantly increases your chances of success.
Overview of Services
- Eligibility Assessments: We review your background to find the best immigration pathway for you
- Document Preparation: We ensure every form is filled correctly and every supporting document meets IRCC standards
- Submission and Monitoring: We submit your application and act as your representative, communicating with the government on your behalf
- Inadmissibility Solutions: We assist with TRPs and rehabilitation for those with criminal records
- Post-Arrival Support: Guidance on settling in Canada, including permanent residence card applications and citizenship
Why Hire an Immigration Lawyer?
While it is possible to apply independently, Canadian immigration laws are complex. A single mistake, such as ticking the wrong box or failing to submit a document, can result in a refusal or delay. A lawyer understands the legal framework and can craft a strong submission letter that argues the merits of your case, which is especially important for discretionary applications like TRPs.
Choosing the Right Lawyer
When selecting a representative, ensure they have:
- Accreditation: They must be a member in good standing of a Canadian provincial law society (e.g., Law Society of Ontario)
- Experience: Look for a track record of success in cases similar to yours
- Transparency: A good lawyer will be upfront about fees and your chances of success
Advice Package
Comprehensive immigration advice tailored to your circumstances and goals.
Application Package
Designed to make your visa application as smooth and stress-free as possible.
Fast Track Package
Premium application service that ensures your visa application is submitted to meet your deadline.
Appeal Package
Ensure you have the greatest chance of a successful appeal. We will represent you in any case.
The Advice Package
During this untimed Advice Session with our professional immigration lawyers in London, you will receive our comprehensive advice, completely tailored to your needs and your situation.
The Application Package
With our Application Package, your dedicated immigration lawyer will advise you on your application process and eligibility. Your caseworker will then complete and submit your forms to the Home Office on your behalf.
The Fast Track Package
Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Your case will become a top priority for our lawyers and you will benefit from our highest-quality services.
The Appeal Package
By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.
How Can Total Law Help Me
As an experienced firm of immigration lawyers, we have been at the forefront of immigration law in both Canada and the United States.
We are able to work closely with you and your family members to help you achieve your goals. Some of the assistance we can provide includes:
- Advising you on your eligibility for your chosen immigration route
- Providing clear guidance on the required supporting documents
- Completing your application to the highest standard
- Ensuring that you have submitted all the information by the requested date
- Submitting a letter of representation on your behalf to outline the merits of your case
- Liaising with Immigration, Refugees and Citizenship Canada (IRCC) on your behalf while your application is processing
- Assisting with applications for Canadian permanent residence
Speak to an immigration lawyer today to take the stress out of your immigration application. Our friendly team are ready to listen to your case today and give you accurate legal advice.
Phone +1 844 290 6312 or use the online contact form to get in touch.
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Frequently Asked Questions
Yes, a lawyer can help ensure your application to immigrate to Canada will meet the required standard.
An experienced legal firm such as Total Law work closely with you and your family members to help you achieve your goals. Speak to an immigration lawyer today to take the stress out of your immigration application.
One way of finding a good Canadian immigration lawyer is to look for an established firm that has experience in the country’s immigration system.
Consider reviews and ask for case studies from previous clients to learn more about the services offered by a lawyer and how they can benefit you.
The cost of an immigration lawyer can vary significantly depending on personal circumstances. While the initial cost may seem high, you should consider the potential losses involved if your application is rejected and you are separated from your loved ones.
For more information on costs and how we can help, speak to one of our qualified immigration lawyers for a discussion about your situation.
It is possible, but difficult. A US criminal record, such as a DUI, can make you inadmissible to Canada. You may need to apply for Criminal Rehabilitation or a Temporary Resident Permit (TRP) to enter. It is best to consult a lawyer to assess your eligibility.
Through the Express Entry system, most applications are processed within 6 months. However, other streams, like spousal sponsorship can take approximately 12 months.
Not necessarily. Programs like Express Entry (Federal Skilled Worker) do not always require a job offer if you have enough points. However, having a valid job offer can significantly increase your points and chances of being invited to apply.
A work permit is temporary and allows you to work in Canada for a specific period. Permanent residence allows you to live and work in Canada indefinitely and gives you access to healthcare and social benefits.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Total Law before making any decisions based on the content provided.