Simple Planning for Canadians seeking admission to the US as visitors

Unlike citizens of most other countries, Canadians are not required to obtain a visa before applying for admission to the U.S. as visitors (8 CFR 212.1(a)). Instead, Canadians may apply for admission to the US as a visitor by proceeding to a US port of entry and presenting themselves for inspection. To be classified as… Read More

The admissibility of Elizabeth May

On the Jeff O’Neil Show this morning they mentioned that Elizabeth May had been charged with contempt of court. Breathlessly, the hosts proclaimed that now she “can’t cross the border.” Apparently this situation is much more benign. May has been charged with civil contempt, but the judge recommended that she be charged with criminal contempt. In either… Read More

Additional information on getting caught with marijuana at the US border

Last week US Customs and Border Protection (“CBP”) issued a warning to “Canadians wanting to head into the U.S. with their stash.” According to that article, attempting to cross the border with marijuana could lead to “being fined, arrested, or both.” Although both of these consequences are possible, an additional, severe consequence was not mentioned:… Read More

Immigrant intent and ties to Canada

Every alien applying for admission to the United States at a port of entry is presumed to be an intending immigrant until the alien can establish that he or she is entitled to non-immigrant status (INA 214(b)). Intending immigrants who do not possess a valid immigrant visa are inadmissible to the United States (INA 212(a)(7)(A)(i)(I)).… Read More

Border Security: America’s Front Line – Season 1, Episode 11

In this episode of Border Security two segments show travelers from Canada applying for admission to the US in visitor status. In one segment, the travelers were able to convince the inspecting officer that they would only be engaged in legitimate activities while in the US. In the other, the evidence the traveler presented suggested that he would engage in unauthorized employment, and thus his application for admission was denied. Read More

Additional tips to avoid becoming an EB-5 fraud victim

In a recent call with EB-5 stakeholders, USCIS discussed several tips for avoiding EB-5 fraud. Similar tips can be found on the SEC’s website, which includes an investor alert issued in 2013. Some of the tips, however, may be less than effective. For example, asking if the promoters are being paid will not help if the promoters do not tell the truth. Instead of relying on the word of promoters, prospective EB-5 investors may want to focus on conducting independent research and learning from SEC enforcement actions in the EB-5 context.  Read More

Prescription medication: a hidden risk when crossing the US border

Imagine traveling to the United States by car with your prescription medication in a pill organizer. You are referred to secondary inspection while officers search your car and discover your pill organizer. Later, local police arrive, inform you that you have the right to remain silent, and issue you a notice to appear in court to defend a criminal charge. Read More