New requirement for Lawful Permanent Residents traveling to Canada

Effective March 15, 2016, the Canadian Border Service Agency ("CBSA") is now requiring all U.S. lawful permanent residents ("LPRs") who are visa exempt for Canada to sign-up for Electronic Travel Authorization ("eTA") prior to any travel to or through Canada by plane. LPRs travelling via land or sea, U.S. citizens, and foreign nationals with a valid Canadian visa are not subject to this new requirement. CBSA is allowing LPRs travelling by plane between March 15, 2016 and September 29, 2016 without eTA to board flights as long as they have appropriate travel documents, such as a valid passport, and meet all requirements to enter Canada.  After that LPRs must sign up for eTA prior to any travel.
 
To apply for eTA please visit: http://www.cic.gc.ca/english/visit/eta.asp. According to CBSA, the application process costs $7 CAD and most are approved within minutes of applying.

Naturalization application denied for unauthorized employment prior to gaining legal permanent residence

In a recent decision, the U.S. Circuit Court for the 8th Circuit denied an application for U.S. citizenship after determining the applicant had engaged in unauthorized employment while in the U.S. pursuant to a non-immigrant, R-1 visa. The applicant in this case began working for an employer more than six months prior to the date that he was authorized by USCIS to do so, making him ineligible to apply for adjustment of status. This period of unauthorized employment was not known to USCIS at the time the agency approved his green card, but came to light when he listed his employers and dates of employment on his application for U.S. citizenship. As this unauthorized employment would have caused the applicant's green card application to be denied, the USCIS adjudicator conducting the naturalization interview determined that the legal permanent resident status should never have been granted in the first place and therefore denied the naturalization application.  Both a U.S. District Court and the U.S. Circuit Court for the 8th Circuit upheld USCIS's denial. 

This outcome is a warning to any foreign nationals who believe receiving a green card ends any possibility of further scrutiny into their employment and immigration history.  This case also highlights the importance of applicants ensuring any and all work undertaken in the U.S. prior to receiving a green card is specifically authorized. If you have questions regarding employment authorization or whether it could impact a green card or naturalization application, you should contact one of our immigration attorneys at info@iandoli.com or by calling us at 617-482-1010 before applying.