U.S. Immigration

Cumming & Partners provides comprehensive legal advice and assistance in all areas of U.S. immigration law. Our lawyers are distinguished practitioners, many of whom frequently publish and speak on U.S. immigration topics. We offer clients efficient and cost effective solutions, and will provide you with the highest quality of legal advice and client service.

Services Offered

The scope of our U.S. immigration legal services includes the following areas of practice: (1) Business and Pleasure Visitors; (2) Work Visas; (3) Green Cards; (4) Citizenship; and (5) Inadmissibility/Waivers. Each of these practice areas is briefly discussed below. Please refer directly to each specific practice area for a detailed analysis of our services and expertise.

 

1. Business and Pleasure Visitors. B-1 visas are for business visitors who are entering the United States. for work reasons but who will not be employed in the U.S. B-2 visas are for visitors for pleasure. Canadians are normally exempt from obtaining a formal visa when travelling as a business or pleasure visitor (refer to Visa Exemptions for Canadians).

We work with clients to obtain B-1 and B-2 visas, and provide advice on the permissible visitor activities and the entry documentation required. This includes advice on the U.S. Visa Waiver Program and Expedited Border Inspection (NEXUS).

For a detailed analysis on B-1 and B-2 visas and the legal advice and assistance we provide, please refer to Business and Pleasure Visitors.

Recent Mandates

  • Advise a Canadian manufacturing company on the scope of permissible business visitor activities for sales employees entering the United States.
  • Eliminate the immigration “red flag” attached to a businessman travelling frequently to the U.S. for meetings.
  • Provide a seminar to the H.R. professionals of a global health care company on how they can eliminate border hassles for their employees entering the U.S. as visitors.
  • Create the business visitor program and protocols for the sales and service personnel of a European software company travelling to the U.S. under the Visa Waiver Program.
  • Prepare and process employee B-1 visa applications at U.S. Consulates in Russia, Venezuela, Saudi Arabia and China for a multi-national energy company.

 

2. Work Visas. We assist clients with obtaining all types of U.S. work visas. This includes Intra-Company Tranferees (L-1 Visas), Canadian and Mexican Professionals under NAFTA (TN Visas), Professional Workers in Specialty Occupations (H-1B Visas), Treaty Traders and Investors (E Visas), Individuals of Extraordinary Ability (O Visas), Athletes, Artists and Entertainers (P Visas) and Interns/Trainees (J Visas).

To determine if you qualify for a work visa, and for a detailed analysis of each different type of work visa and the legal advice and assistance we provide, please refer to Work Visas.

Recent Mandates

  • Obtain L-1 visas for the executives and employees of a biotechnology company expanding operations into the United States.
  • Prepare and process an H-1B visa for a professional in the financial services industry.
  • Facilitate TN visas for multiple employees of a Canadian software company under the occupations of Computer Systems Analyst, Engineer and Management Consultant.
  • Obtain an O-1 visa application for an actor on an expedited basis.
  • Prepare and process an E-2 visa for an investor starting-up a business in the United States.

 

3. Green Cards. We frequently assist clients and their family members with obtaining Green cards for the United States through each of the different approaches available. This includes Employment Based, Marriage Based, Family Based and Investment Based Green Cards.

We also advise clients on related topics, including Renewing a Green Card, the Rules for Maintaining Permanent Residence and Re-Entry Permits.

To determine if you qualify for a Green Card, and for a detailed overview of each different approach available to obtain a Green Card and the legal advice and assistance we provide, please refer to Green Cards.

Recent Mandates

  • Obtain Green Cards for an H-1B visa holder and his spouse and children through the Labor Certification process and a subsequent application for adjustment of status.
  • Prepare and process a Green Card application based on marriage to a U.S. citizen.
  • Facilitate a Green Card for a talented and successful athlete already on an O-1 visa as a person of extraordinary ability.
  • Obtain a Green Card on an expedited basis for an executive on an L-1A work visa.
  • Assist a professional with an advanced degree and her spouse to obtain Green Cards.

 

4. U.S. Citizenship. We assist clients with all of the legal issues related to U.S. citizenship and naturalization. This includes working with Green Card holders to determine their eligibility for citizenship and prepare their application for naturalization (U.S. Citizenship by Naturalization). It also includes obtaining proof of U.S. citizenship for individuals born abroad to a U.S. citizen parent (U.S. Citizenship by Birth Abroad).

We also advise clients on related topics including the tax implications of U.S. citizenship, the availability of dual citizenship, and the process for renouncing U.S. citizenship.

To determine if you qualify for U.S. citizenship, and for a detailed overview of this topic and the legal advice and assistance we provide, please refer to U.S. Citizenship.

Recent Mandates

  • Obtain U.S. citizenship for a Green Card holder through preparing and processing an application for naturalization.
  • Advise a client on their eligibility for U.S. citizenship in light of a criminal conviction.
  • Facilitate the claim of U.S. citizenship for a child born to a U.S. Citizen abroad.
  • Advise a client on their eligibility for dual citizenship, the long-term tax consequences of U.S. citizenship, and the other pros and cons of obtaining U.S. citizenship.

 

5. Inadmissibility/Waivers. We work with clients to determine if they are inadmissible to the United States under any of the Grounds of Inadmissibility. This most frequently involves issues related to criminal activity or convictions, and violations of immigration status or laws.

We also assist clients with obtaining Criminal Waivers and Immigration Waivers to allow them to travel to and/or live in the United States.

To determine if you are inadmissible to the U.S. or if you are eligible for a waiver, and for a detailed overview of these issues and the legal advice and assistance we provide, please refer to Inadmissibility/Waivers.

Recent Mandates

  • Obtain a criminal waiver to facilitate U.S. travel for a client with a conviction for drug possession.
  • Prepare and process an immigrant (permanent) waiver for a Green Card applicant with a criminal conviction.
  • Advise a criminal lawyer and his client on the U.S. immigration consequences of a conditional discharge and a plea agreement to a lesser charge.
  • Obtain an immigration waiver for a client who had overstayed in the United States and made a misrepresentation when entering.
  • Prove to U.S. Immigration through detailed submissions that a client convicted of a petty offence (theft) was not inadmissible to the U.S and did not require a criminal waiver.