INTRODUCTION
How can I use this book? 1
Will this book help me get immigration
without the help of professionals 2
PART A : IMMIGRATION TO CANADA
What is the background to current Law and Policy? 3
What is the current Immigration Law in Canada? 4
What are the overall objectives of the Canada Immigration Policy? 5
What are the categories under which I can apply for immigration
to Canada 5
Who are independent Applicants? 5
Who are Sponsored Dependants 6
Can a relative apply under Independent applicant Rule? 6
Can I immigrate as a self-employed person? 7
Who is an ''entreprenuer''? 7
Who is a ''retiree''? 7
If I qualify, can I immigrate as of right? 8
How much capital do I need to apply as ''a self-employed''
or an ''entrepreneur'' applicant? 8
What is a business plan? 8
What happens when I present a business plan? 9
What is ''employment authorization''? 10
Can I start working with the issuance of an employment certificate? 10
What do I do if my business fails? 10
What happens when my business plan is proved viable? 11
Can I apply for immigration to take up employment in Canada? 11
Who is a ''landed immigrant'' 11
I am not sure what I want to do. Can I describe my qualifications
in a general or vague manner? 11
How do I apply under the sponsored dependant category? 12
When and where do I file an application form as a
''sponsored dependant''? 12
What is a security check? 13
Can I step up the process of security checking by the
Immigration officials? 13
What is medical check-up? 14
What happens if I fail the medical check up? 14
If I get the visa, can I proceed to Canada any time I like? 15
When will I become a ''landed immigrant''? 15
What are the responsibilities of a sponsoring relative? 15
Can any sponsor sign the sponsoring form and send it by mail
to the immigration authorities? 16
What should be done at the sponsors' interview? 16
What happens if my relative cannot prove my relationship to him? 17
What happens at my interview at the Canadian Immigration Office? 17
What would the Interviewing Officer like to know from me? 18
Do you know what it costs to rent a house, to buy food for a week ;
to seek medical care? 18
How do you manage till you find a job? 18
What documents do I need to apply as an independent applicant? 19
To whom should I apply for immigration as an independent applicant? 20
What will happen after this interview? 20
When do I undergo a Medical and Security Check? 21
When I apply, will my application receive immediate attention? 21
How will the immigration officer evaluate my application? 22
What is the ''Point System''? To whom does it apply? 22
What is a Specific Vocational Preparation (SVP)? How is it calculated? 23
What is 'experience''? How many points do I get for experience? 23
How will Occupational Demand be evaluated? 25
What are Code numbers in SVP Points calculation? How the SVP Points
are calculated? 25
How do I get Arranged Employment or Designated Occupation? 26
Do I need official sanction for all job offers? 27
If I do not have a job offer as stated above, what happens? 28
Can I improve my chances of immigration by choosing a particular
province in Canada? 28
If I am young, am I preferred as an immigrant? 28
Can I lose my visa? In what ways? 30
Can you give me some useful sources of information? 31
PART B : IMMIGRATION TO U.S.A.
What is the background to United States' Immigration Policy? 33
What is the law controlling immigration to the United States
of America? 34
Who administers the system (Immigration & Nationality Act)? 34
What are the overall objectives of current U.S. Immigration Law? 35
Who is an ''alien'' under the Immigration Policy? 35
What are the two major categories in the visa applications? 35
Who is an ''immigrant''? 35
Who are ''immigrant'' category applicants? 36
Who is a ''non-immigrant''? 36
What class of entrants are considered ''non-immigrants?'' 36
What is a preference system? 36
What are the classifications, criteria and numerical limitations per country
of each preference? 37
Who comes under the First Preference? 38
Who comes under the Second Preference? 39
What is the ''Third Preference''? 40
What is the ''Fourth Preference''? 40
Who comes under the ''Fifth Preference''? 41
What is ''Sixth Preference''? 42
What are the occupational preferences? 42
What is a non-preference visa? 43
What is Labor Certification? 43
What is a blanket certification? 44
What is a Schedule B occupation? 45
Occupations for which a Labor Certification cannot be granted? 45
What are the exceptions to the labor certification rule? 45
Investors 46
Aliens who will not enter the Labor Market 46
Female Fiances of lawful permanent residents 46
Who is a ''refugee'' or an ''asylee''? 47
Where does a refugee or asylee file the application? 48
What factors will be considered in the asylum cases? 48
Who are Special Immigrants? 49
Who are ''immediate relatives'' of citizens? 49
How can they qualify for immigration? 50
Spouses of United States Citizens 50
I am a U.S.A. Citizen, Can I get my spouse (wife or husband) into U.S.A.
as an immigrant? 51
What documentation is required for spouses of U.S. citizens? 51
Can a U.S. Citizen get his children to immigrate into the U.S.? 52
What documents are needed for children of U.S. citizens.? 52
Ligitimate Child 52
Illegitimate Child 52
Legimated Child 53
Stepchild 54
Adopted Child 54
Orphan Child 54
What about parents of U.S. citizens? 55
What is the first thing I must do in order to apply for an immigrant or
non-immigrant visa? 56
What is your general advice about the documents needed for a
visa application? 56
What kind of documents are needed for applications? 57
Translations 58
Translator's Certification 58
Secondary evidence 59
What is secondary evidence? 59
Baptismal certificate 59
School record 59
Census Record 60
Affidavit 60
What type of photographs are needed? 60
Where should fingerprint be done if needed? 60
Should I write a cover letter with my application? 61
Should I keep copies of each application? 61
How should I pay the required fee? 61
Can I mail applications? 62
What is a priority date? 62
What is alternate chargeability? 63
What is an alternate priority date? 63
By Operation of Law 63
By Operation of Regulation 64
When can a spouse or child join the immigrant? 65
What is adjustment of visa or status? 65
Who is prohibited from seeking adjustment? 66
What is employment authorisation? 66
What is a Student visa? 66
Who is an Intra-Company Transferee? 67
Should I apply in prescribed forms only? 67
What happens when an application for a Preference Visa is approved? 67
Will the beneficiary have to contact the local Visa Office? 68
What are the ''packets'' that are sent by the local visa office? 68
What happens at the Interview? 69
What is a ''medical exam.''? 70
When I am issued a visa, can I come any time to the U.S.A. 70
What happens if my relative cannot prove his relation with me? 70
If my spouse is better qualified than me, should I ask my spouse to try
for immigration? 71
What should I do in filling up the forms? Give me general advise. 71
Can I state something for which I have no documentary proof? 71
What are the penalties for giving false information or obtaining
immigration benefits by lying? 71
Can some persons be denied visas even if they are
otherwise qualified? 71
Grounds for exclusion from the United States 71
What about appeals? Are decisions of the Immigration
authorities appealable? 74
What is the Immigration Appeals Board? 74
Who is an Immigration Judge? 74
Who is an administrative Law Judge? 74
Can I go to the Local or Federal Court and seek relief from
Immigration decisions? 75
What is deportation? 75
What are the rights of a person who is served by a deportation order? 75
Can a student work? 76
Can the spouse or children of a G-4 employee work? 76
Who is an adopted child for immigration purposes? 76
Who is a stepchild for immigration purposes? 76
Who is an orphan child for immigration purposes? 77
Who is a legitimate, legitimized child? 77
Who is a Business-Visitor? 77
B-1 Visitors for Business 77
Who are Visitors for pleasure 78
How can no-immigrant status be changed? 78
Can a permanent resident become a citizen of U.S.A.? 78
Can an alien be excluded from the United States? On what grounds? 78
Do the immigration and non-immigration visa holders enjoy and
legal protection in the U.S.A. ? 79
What are the rights of aliens in matters of entry and stay in the U.S.A.? 79
What are the rights of aliens in regard to earning a livelihood? 79
Can aliens own property? 79
Do aliens get welfare benefits? 79
Can aliens sue or be sued? 80
What are the political rights of aliens? 80
Do aliens pay taxes? 80
Do aliens have to do Military duty? 80
What are the other liabilities/duties of aliens? 80
What is the most important thing applicants for visas (both immigrant
& non-immigrant ones) must remember and do? 80
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