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Loss Of Green Card-Overstay Outside Of The US

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  At  IMB Immigration Law , we provide immigration services for Green Card petitions and consular visa processing. Green card holders are also called Legal Permanent Residents (LPR). LPR’s have a residency obligation in the US under which they cannot remain outside of the US for more than a year unless they have sought advance permission to do so. Any LPR who returns to the United States from overseas trip may be questioned regarding his or her LPR status meaning whether he or she has abandoned or given up the LPR status. A Green card holder presents the GC to the Customs and Border Protection (CBP) officer at the port of entry. GC is a primary requirement but may not be enough evidence that the LPR is “returning from a temporary visit abroad.”  Thus, the burden is on the returning LPR to establish that his or her visit abroad was intended to be “temporary” and that his or her actions have been consistent with that intention. Re-Entering United States In order to be ...

Marriage Based Green Cards

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  At   IMB Immigration Law , we provide immigration services for Green Card petitions and consular visa processing. Marriage to a U.S. citizen or lawful permanent resident of the US allows the foreign spouse to apply for Green Card directly. If you marry a U.S. citizen, you become your spouse’s “immediate relative,” and it makes you eligible to immigrate to US permanently to live with your spouse. Marriage In India In most cases where the spouse is in India, the marriage has taken place in India according to the local customs. The US citizen or LPR spouse travelled to India to get married to the Indian national spouse. The petition process is initiated by filing Form I-130 with USCIS. Once I-130 petition is approved, the Indian national must complete the visa paperwork and complete the visa processing at the US consulate in Mumbai. Mumbai consulate handles all the family based petitions now and all interviews are scheduled at Mumbai. The approximate time taken is around 1...

Visitor Visa Refusals- What To Do?

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  At   IMB Immigration Law , we handle many cases of visa refusals resulting from poorly prepared filings by applicants themselves or poor work done by some local agent with limited or no knowledge. These refusals range from visitor and student visa applications to work permit and PR applications as well. The most common visa refusals at the consulate level, is  Visitor Visa  (Canada) and B1/B2 (USA). Visitor Visa/B1-B2 Refusals Visitor visas are needed when one wants to travel to a country for tourism or meeting friends & relatives. These visas require intent of temporary travel from the applicant. The applicant has to prove to the visa officer that he/she will only travel for a small duration of time and has the financial resources to make that journey. The applicant has to provide proof of sufficient funds earned from a credible source. As a part of the temporary intent, applicant has to convince the visa officer that he/she will return back to the home countr...

PR Program Through Newfoundland & Labrador PNP

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At  IMB Immigration Law , we take pride in our ethical approach in helping clients in Applications for PR to Canada. Newfoundland & Labrador (NL) is a beautiful Atlantic province in Canada. NL opened a new stream of immigration under provincial Nominee Program called “The Priority Skills NL.” This stream process is intended for individuals who have work experience in occupations in demand in Newfoundland and Labrador, as well as have a high level of education and language ability, and who wish to live in NL as permanent residents of Canada. The NL website outlines the details of the PNP   at  https://www.gov.nl.ca/immigration/immigrating-to-newfoundland-and-labrador . The eligible applicants must have worked in a specialized, highly skilled, in-demand occupation for at least one full year in the last 10 years. A list of in-demand occupations can be found at  https://www.gov.nl.ca/immigration/excluded-positions . A second academic section of this stream requi...

Spousal Open Work Permits To Canada

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  At   IMB Immigration Law , we guide our clients through Work Permit Applications, Student visa applications and for PR to Canada. Open work permits (WP) in Canada are available to a select set of applicants. This piece is for applicants applying from outside of Canada when the spouse is already studying or working in Canada. You are eligible for an open WP if you are: A student studying in Canada and enrolled in a designated institute for full time studies A worker ( a student on open work permit) or a skilled worker working in Canada on a long duration ( longer than six months) work permit Family member of a foreign representative or foreign military member Spouses Of Students International students obtain open work permits upon completion of their studies. These open work permits allow them to work anywhere for any employer. If the student is working in a skilled job (0, A or B category), the student’s spouse is eligible to apply for a WP from overseas to join the student ...

Home Child Care Provider Program

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  At   IMB Immigration Law , we guide the clients carefully through Applications for PR to Canada. Home Child Care Provider Program is an initiative by the Immigration, Refugees and Citizenship Canada (IRCC) that offers an easy pathway to permanent residence in Canada to in-home child caregivers. Examples of such jobs are – babysitter, live-in caregiver, nanny, governess, etc. Notably, it does not include foster parents. The program which was launched in June 2019, accepts a limited number of applications, capped at 2750 at the moment. The program allows the applicant to apply for a work permit and permanent residence at the same time. Once the applicant has two years of eligible work experience in Canada, they can transition to permanent residence easily. The program allows the applicant’s immediate family members to accompany them to Canada to work or study while the applicant accumulates the minimum required work experience to become a permanent resident. The work permit th...

Essentials Of Canada Immigration-NOC

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IMB Immigration Law  : How to navigate the NOC system when applying for  Immigration To Canada ? Understanding NOC is a very important part of skilled or entrepreneur immigration system to Canada. At  IMB Immigration Law , we guide the clients carefully through the NOC related questions, the job duties applicants perform and the skill levels etc. Applications for PR to Canada must mention the NOC of the worker. What Is NOC? NOC is National Occupational Classification. It can be directly accessed at  https://noc.esdc.gc.ca/ . The 2016 version of the NOC is the most recent. It is essentially a system to classify the occupations based on the workers job duties. The system has divided the jobs based on skill level. Skill Level 0 Management Jobs Managers etc. EE-Skilled (Accepted) FSW, CEC Skill level A Professional Jobs Doctors, dentists etc. EE-Skilled ( Accepted) FSW, CEC, Skill level B Technical Jobs Chefs, Plumbers etc. EE-Skilled- ACCEPTED ( FSW, CEC, skilled Trades...