Canadians may purchase homes in the U.S. and spend substantial time residing in these homes by using the immigration provision for Visitors For Pleasure. This option is fast and easy for Canadians, as U.S. immigration law does not require Canadian citizens to submit advance applications to enter the U.S. as visitors for pleasure. The procedure followed is the same one that applies to Canadian shoppers headed to the U.S. for the weekend; i.e., qualified individuals merely drive to the border and, after they have answered the questions put to them by the Customs and Border Protection Officer stationed there, enter the U.S. without having to fill out any paperwork or pay a fee. Applicable rules are discussed in the following paragraphs.

To qualify for Visitor for Pleasure status, it is necessary to satisfy four criteria:

• Residence abroad – Visitors for Pleasure must maintain a residence abroad. A person using this immigration option to spend time in a home owned in the U.S. should be prepared to show that the U.S. abode is a second residence and that a primary residence is maintained abroad and always available to the visitor, i.e. not rented out or otherwise occupied.
• Less than six months spent in U.S. annually – Visitors for Pleasure visiting the U.S. from Canada should be prepared to establish their stay is temporary and that they spend less than six months annually in the U.S. The U.S. residence must be a second residence, not the primary residence.
•  Means of support – Visitors for Pleasure may not work in the U.S. and may be required to show employment in Canada or other location outside the U.S., or possession of adequate financial resources, such as pension and other retirement assets, to guarantee that work will not be required to meet daily needs while in the U.S.
• Not otherwise inadmissible -Visitors for Pleasure must not be inadmissible to the U.S. because of criminal history, alien smuggling, persecution of others, or other general bars to admission to the U.S. imposed by Congress.

Once a U.S. dwelling has been purchased, a Visitor for Pleasure may perform repairs upon the premises and otherwise maintain them by engaging in lawn mowing, tree and shrub planting, pruning, fence building and repairing, laying patios, walks, etc., only if the premises are to be occupied solely by himself, members of his family or nonpaying guests. If the dwelling is to be rented out, even for a short period of time, a U.S. worker must be hired to maintain the premises.

Expanded options for home ownership within the U.S. exist for Canadians who have obtained “work permits,” permanent resident (“green card”) status, or who are dual citizens through birth or naturalization in the U.S., or by birth in Canada to a U.S. citizen parent who may, under certain circumstances, have passed U.S. citizenship through to the Canadian-born child. These options are often complex and frequently require the assistance of a lawyer.

Our Americanlaw.com website contains more information on Visitor for Pleasure status at the following link.

The cross-border tax specialists at VSH, PLLC will host a seminar for Canadian businesses and their advisors entitled “Doing Business in the U.S.” on September 26th in Richmond, B.C.

Scott Railton (my colleague at Cascadia Cross-Border Law) will be speaking at this event. Scott will address immigration solutions for Canadians doing business in the United States.

My longtime friend Jim Pettinger, President of International Market Access, Inc. will also be one of the speakers. Jim has helped hundreds of businesses get started in the United States, and is routinely quoted in the media concerning cross-border matters.

The event will be an excellent opportunity to meet with experts to discuss the various challenges and strategies for doing business in the United States.

The seminar will be hosted at the Abercorn Inn in Richmond, BC. The seminar begins at 7:30 AM and will go until 10:30 AM. The cost is $25 (USD) and will include a buffet breakfast.

Participants can register online at this link: http://expandtotheus.eventbrite.com

Meanwhile, contact information for both Scott and myself follows:

Cascadia Cross-Border Law
1305 11th Street, Suite 301
Bellingham WA 98225

(360) 671-5945
676-5459
gdboos@americanlaw.com
srailton@americanlaw.com

U.S. President Obama and Canadian Prime Minister Harper have sanctioned an ongoing discussion to remove barriers that impede the legitimate flow of people, goods and services across the Canada/USA border. To this end, in December of 2011, the two countries issued a document called the BEYOND THE BORDER Action Plan (the “Plan”). Among many ambitious proposals, the Plan calls for NEXUS enhancement.

By separating NEXUS enrollees from the rest of the traveling public, NEXUS enables Canadian and U.S. border authorities to concentrate their efforts on potentially high-risk travelers and goods, thereby enhancing border security. It also allows frequent border crossers to enjoy predictable and timely border-crossings. This blog urges that the Plan’s NEXUS enhancements include the following:

• Retreat from NEXUS’ Zero Tolerance enrollment policy that denies NEXUS benefits to persons with criminal convictions for minor violations of the law, no matter how old. A waiver of ineligibity for FAST enrollment is available to qualifying truck drivers with minor convictions. There is no sound reason why such benefit should be denied NEXUS applicants.
• Establishment of an appeals process by the U.S. (Canada already has such a process) for NEXUS denials and revocations. NEXUS has matured since its establishment in 2001 as part of the Smart Border accord, and due process protections need to be built into its application and revocation procedures. A Smart Border is incomplete without such safeguards.

NEXUS attempts to strike a balance between national security and economic security, but the application of zero-tolerance program eligibility rules combined with the lack of an appeals mechanism for those denied NEXUS program benefits shows little regard for personal security. To date, NEXUS procedures have left individual rights subject to the whim of institutional expediency.

The Plan also indicates that the U.S. and Canada will implement a joint marketing plan for NEXUS. To this end, this blog suggests that NEXUS enrollees be able to opt-in for NEXUS e-mail updates through which participants receive updated information regarding additions and deletions of prohibited food items, changes in NEXUS hours, addition of NEXUS lanes at various Ports of Entry, and periodic reminders of NEXUS rules.

NEXUS has proven itself at land- border crossings and airports. This blog suggests NEXUS documented passengers receive priority boarding benefits when boarding US destined cruise ships or AMTRAC at Vancouver BC.

Greg Boos blogs from his office in Bellingham WA and his home in Vancouver BC. Please contact Greg the following address should you desire assistance on a US immigration matter:

Greg Boos, Attorney at Law
Cascadia Cross-Border Law
1305 11th Street, Suite 301
Bellingham WA 98225
CascadiaImmigrationLaw.com
360/671-5945
gdboos@americanlaw.com

At Cascadia Cross-Border Law, we create transparent borders!

September 28, 2011

FOR IMMEDIATE RELEASE

Seminar offers guidelines for USA sales, shipping and business transactions

A group of veteran Canada/USA and international trade professionals will provide practical guidelines to British Columbia entrepreneurs and professionals at an upcoming seminar entitled, Doing Business in the USA. This one-day seminar is designed to give Canadian manufacturers, importers, distributors, agents and other business professionals the tools they need to easily expand their business interests across the border. Key topics include:

1. Dealing with “border issues”, such as U.S. travel and immigration planning, U.S. Customs clearance, business planning, taxation, currency exchange, and legal considerations.

2. Understanding “logistics issues”, such as establishing a USA business identity, warehousing,
transportation, fulfillment, and handling of returned goods.

3. Introduction to “importing” lower-cost goods into the USA that have been “outsourced” or purchased in Asia, Europe and elsewhere.

4. “Sales/marketing strategies”, including market overview, sales/marketing fundamentals, lessons and pitfalls.

5. “Money, Money, Money!”, a lively open forum (with guest “experts”) to discuss various related topics of interest to the audience.

6. “Resource introductions”, including the Canadian Trade Commissioner Service, which provides federal government programs and services at home and abroad.

The Doing Business in the USA seminar has welcomed over 4,000 attendees at various locations in BC since 1997. The main motivation for attendance by BC entrepreneurs hasn’t changed, namely the extra profit opportunity offered by a huge and affluent market of over 300 million buyers that is very receptive to foreign goods.

According to seminar organizer, Jim Pettinger, “Now is a great time for a Canadian company to invest in expansion to the USA. The strong Loonie will buy 20 to 50 percent more marketing services than it has in years (e.g., tradeshows, travel, hotel rooms, advertising).

The Doing Business in the USA seminar is targeted at three groups: (1) new exporters to the USA who need to know the basics, (2) new or inexperienced staff members of current exporters to the USA, and (3) professionals who advise the previous two. Plenty of time during the day is available for one-on-one and “round-table” meetings with the various resource people in attendance.

The Doing Business in the USA seminar will be held on Thursday, November 3, 2011, at the Delta Town and Country Inn, 6005 Highway 17 (at Highway 99), Delta, BC, BC from 8:30am to 4:30pm. Cost for the seminar is $195 pre-registered or $225 at the door ($145 each for 2 or more, and $25 further discount for registration before October 28). Also available is a special “after lunch only” rate of $75. For more information contact Carol Jackson at 1-800-799-8848 or visit www.UCanTrade.com

Greg Boos will be speaking at the event.

Greg Boos blogs from his office in Bellingham WA and his home in Vancouver BC. Please contact Greg the following address should you desire assistance on a US immigration matter:

Greg Boos, Attorney at Law
Cascadia Cross-Border Law
1305 11th Street, Suite 301
Bellingham WA 98225
CascadiaImmigrationLaw.com
360/671-5945
gdboos@americanlaw.com

At Cascadia Cross-Border Law, we create transparent borders!

U.S. citizens are being deported from the United States. Does this sound counterintuitive? It should. That’s because it is illegal for the U.S. Customs and Immigration Enforcement (ICE) agency to detain or deport a U.S. citizen for an alleged immigration violation. Unfortunately, neither lack of jurisdiction nor illegality has prevented the deportation of U.S. citizens.

According to the U.S. Secretary of Homeland Security, Janet Napolitano, more than 392,000 illegal immigrants were deported from the United States in the fiscal year 2010. Unfortunately, the U.S. government does not keep track of wrongful deportations, thus it is impossible to know exactly how more in addition to the 392,000 were wrongly deported.

Despite its unwillingness to record wrongful deportations, reports have surfaced to indicate that wrongful deportations are a growing and harmful practice within the United States’ immigration bureaucracy.

In 2007, for example, Pedro Guzman, a mentally challenged U.S. citizen was deported to Tijuana, Mexico. Guzman was picked up near his home in Lancaster, California by Los Angeles County sheriff’s officers on a misdemeanor charge of trespassing. According to police reports, Guzman tried repeatedly to board a private jet. Despite Mr. Guzman’s diminished capacity, the Sheriff’s department handed him over to ICE who subsequently ordered his deportation. While in Mexico, Guzman survived on discarded food and river water. He was found three months later trying to cross the border in Calexico, MX, 100 miles from his drop-off location. The incident has left him severely traumatized.

In 2009 the U.S. government admitted that it wrongly deported a North Carolina native, despite FBI records and other evidence showing that the man was a United States citizen.
Eduardo Caraballo, a U.S. citizen born in the United States, was detained for over three days on suspicion of being an illegal immigrant.
Luis Alberto Delgado was detained and questioned in 2010 for over eight hours before his deportation to Matamoros, Mexico. Delgado was carrying his American birth certificate, Social Security card and Texas ID at the time he was detained. He was readmitted three months after his deportation.

It should be noted that wrongful deportations are relatively few compared to the number of “illegal” immigrants who are expelled from the U.S. each year. However, the trend is alarming because it is indicative of an overwhelmed and increasingly militarized immigration system in the U.S.

Until a designated agency begins tracking wrongful deportations, such grievances will likely be treated with minimal attention. And as State immigration laws grow increasingly hostile, the threat of more “accidental” deportations is increasingly real.

Section 101 of the Homeland Security Act of 2002 sets forth the primary mission of the Department of Homeland Security (DHS) and its related agencies. The Act requires that DHS not diminish the civil rights and civil liberties of persons by the efforts, activities and programs it employs to secure the United States against the threat of terror. It also requires that the overall economic security of the United States is not diminished by such actions.

The importance of these provisions cannot be overstated. They are two among eight general guidelines set forth in the Act. Yet, despite their deliberate placement and apparent importance, agency adherence along the northern border has proven to be ambiguous at best.

A recent incident involving a Lynden, WA, resident highlights the dilemma caused by these conflicting policies. Wayne Groen was indicted in January on one count of interfering with an aircraft’s operation and one count of incapacitating a person operating an aircraft. The charges carry penalties of up to 40 years in prison.

The incident occurred when a U.S. Customs and Border Patrol (CBP) Blackhawk helicopter allegedly flew close to Groen’s home during a night mission causing his entire house to shake. Groen reacted by shining a high-powered flashlight at the cockpit, temporarily blinding the pilot who was wearing night vision goggles at the time. Agents on the ground arrested Groen shortly thereafter. Groen was convicted on the second count and faces up to 20 years in prison.

Many residents along the Northern border are angered by the arrest and consider CBP’s incursions as an infringement on their private property rights.

Neighboring property owners are reporting similar low flying night missions. These missions cause trouble with their dairy operations, and infringe upon the quiet use of their property. Some have even begun to chain and lock their gates to keep border agents from speeding across their property and conducting what they feel is unwarranted surveillance. They argue that DHS is treating the northern border like the southern border and that DHS is harassing local residents as a result.

The anger caused by Groen’s conviction is now being directed at the agencies, and concerned citizens have begun to question border tactics and results. One resident asked how many terrorists had been apprehended in relation to the number of flight hours logged; a CBP representative stated that in the 2500 flight hours logged last year, zero suspects had been apprehended.

Yet Wayne Groen, a law abiding citizen and longtime resident of Lynden, faces up to 20 years in prison because an unlit Blackhawk helicopter flew so close to his home that his belongings were thrown from their shelves. This raises the question: should CBP be allowed to violate a U.S. citizen’s civil rights including his right to enjoy his home in the exercise of a specific mission that has produced zero suspects over the previous year? For many residents living along the northern border the answer is no. Perhaps it’s time for DHS to reexamine its protocol and begin working with, not against the citizens it purports to protect.

 U.S. Customs and Border Protection (CBP) recently announced its intention to display the world’s only full operational maritime variant MQ-9 Predator B Unmanned Aircraft System (UAS), the Guardian, at an upcoming aviation trade show in Paris, France.

 Sound like a sophisticated piece of military technology? It is. So what’s wrong with that? Well, CBP’s upcoming display is indicative of a larger phenomenon, namely that the Military-Industrial Complex (MIC) has discovered the United States border.  And, in order for that relationship to flourish, the MIC depends on positing a border that is out of control.

 Unfortunately, it may be the operators of these Unmanned Aircraft Systems, and not the border itself that are out of control. FAA documents in 2010 reported an abnormally high CBP predator drone accident rate, an assertion vehemently disputed by CBP.  Regardless of this dispute, CBP did suffer three landing incidents involving loss of control of predator drones between 2007 and 2008 (CBP only has 7 drones and it appears almost half the fleet has problems). And although they claim the aircraft involved in those incidents were repaired and returned to flight, conflicting reports suggest that at least one of the $10 million+ dollar drones was destroyed beyond repair.  

 CBP  would have us believe that the MQ-9 Predator B Unmanned Aircraft System is part of a life-saving border force deployed to assist in emergency response and protect against grave threats such as terrorism, illegal immigration, and drug trafficking. The truth is that the MIC and the growing bureaucratic empire that is the Department of Homeland Security and its subcomponents depend on a border that must be perceived to be out of control for agency budgets to remain plush for such expenditures as drone development and acquisition.

 CBP indicated that this week’s Paris Air Show “presents a special opportunity to demonstrate the capabilities of the UAS to support homeland security missions and reinforce industry and government awareness of the significant role CBP aviation plays in securing our nation.”

 Picking Paris for the venue to unveil the drone to US Congressional delegations and to otherwise reinforce government awareness of its new UAS is more than suspect, it is absurd. Washington DC has at least two major airports at which the Guardian could be displayed for members of the Congress and US government officials. And equally strange is the fact that neither the House of Representatives nor the Senate has a recess scheduled for the period for which the Paris Air Show is scheduled.

 Perhaps a senior CBP official saw the Paris Air Show as a chance to take a taxpayer-paid trip to Paris. Or perhaps Chicken Little was right, and CBP has concerns about its ability to keep its new UAS in the air and is therefore hesitant to fly it into Washington DC airspace.

 See CBP’s Press Release the Guardian and the Paris Air Show here: http://www.cbp.gov/xp/cgov/newsroom/news_releases/national/06152011_2.xml

Seminar offers guidelines for USA sales, shipping and business transactions

A group of veteran Canada/USA and international trade professionals will provide practical guidelines to British Columbia entrepreneurs and professionals at an upcoming seminar entitled, Doing Business in the USA.

This one-day seminar is designed to give Canadian manufacturers, importers, distributors, agents and other business professionals the tools they need to easily expand their business interests across the border. Key topics include:
1. Dealing with “border issues”, such as U.S. travel and immigration planning, U.S. Customs clearance, business planning, taxation, currency exchange, and legal considerations.
2. Understanding “logistics issues”, such as establishing a USA business identity, warehousing, transportation, fulfillment, and handling of returned goods.
3. Introduction to “importing” lower-cost goods into the USA that have been “outsourced” or purchased in Asia, Europe and elsewhere.
4. “Sales/marketing strategies”, including market overview, sales/marketing fundamentals, lessons and pitfalls.
5. “Money, Money, Money!”, a lively open forum (with guest “experts”) to discuss various related topics of interest to the audience.
6. “Resource introductions”, including the Canadian Trade Commissioner Service, which provides federal government programs and services at home and abroad.

The Doing Business in the USA seminar has welcomed over 4,000 attendees at various locations in BC since 1997. The main motivation for attendance by BC entrepreneurs hasn’t changed, namely the extra profit opportunity offered by a huge and affluent market of over 300 million buyers that is very receptive to foreign goods.

According to seminar organizer, Jim Pettinger, “Now is a great time for a Canadian company to invest in expansion to the USA. The strong Loonie will still buy 20 to 50 percent more marketing services in the still-depressed economy (e.g., tradeshows, travel, hotel rooms, advertising), but the U.S. economy has officially turned the corner and will soon return full force.”

The Doing Business in the USA seminar is targeted at three groups: (1) new exporters to the USA who need to know the basics, (2) new or inexperienced staff members of current exporters to the USA, and (3) professionals who advise the previous two. Plenty of time during the day is available for one-on-one and “round-table” meetings with the various resource people in attendance.
The Doing Business in the USA seminar will be held on Thursday, May 12 at the Sheraton Guildford Hotel, 15269-104th Ave, Surrey, BC from 8:30am to 4:30pm. Cost for the seminar is $195 pre-registered or $225 at the door ($145 each for 2 or more, and $25 further discount for registration before May 6). Also available is a special “after lunch only” rate of $75. For more information contact Carol Jackson at 1-800-799-8848 or visit www.UCanTrade.com.

It has become inescapable to the US Department of Homeland Security (DHS) that the NSEERS process does not work (this has been common knowledge amongst the immigration bar for years now). Accordingly  DHS has issued a notice that it is deleting all designated countries whose nationals and citizens are required to comply with National Security Entry-Exit Registration System (NSEERS) requirements from NSEERS compliance. This notice is effective 4/28/11 and affects citizens of Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen.

NSEERS was first implemented in 2002 as a temporary measure in the aftermath of the September 11, 2001 terrorist attacks and was designed to record the arrival, stay, and departure of certain individuals from countries chosen based on an analysis of possible national security threats. The NSEERS registration required approximately 30 minutes to 3 hours in secondary inspection, per person, per arrival.  NSEERS registrants were also required to register upon departure at one of the 118 designated ports of departure, limiting travel flexibility.

 Kris Kobach, now the Kansas Secretary of State, is the person who conceived NSEERS originally; he was working for Attorney General John Ashcroft at the time.  He is also the person who drafted SB 1070, the controversial Arizona law that the broadest and strictest anti- illegal immigration measure in recent U.S. history that has resulted in racial profiling based law enforcement. This law has been enjoined by a federal judge.

 Mr. Kobach has no working background in immigration & citizenship law, which explains many of the flaws in his proposals (they typically aren’t drafted to address the problems they allegedly solve). His knowledge of immigration is strictly Ivory Tower; he has worked as an immigration law professor at a law school.

For an excellent account regarding the anti-immigrant mindset that led to NSEERS and similar programs see The Closing of the American Border: Terrorism, Immigration, and Security Since 9/11 by Edward Alden.

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Greg Boos blogs from his office in Bellingham WA and his home in Vancouver BC. Please contact Greg the following address should you desire assistance on a US immigration matter:

Greg Boos, Attorney at Law
Cascadia Cross-Border Law
1305 11th Street, Suite 301
Bellingham WA 98225
CascadiaImmigrationLaw.com
360/671-5945
gdboos@americanlaw.com

At Cascadia Cross-Border Law, we create transparent borders!

If the ghost of Abraham Lincoln visited you to ask about the state of the Republic, would you say, “The ideals for which you died remain uncontested – you may rest in peace”?

Or would honesty compel you to inform the Great Emancipator of legislation currently pending in Congress that would deny American citizenship to many of our country’s native-born children simply because their parents are not U.S. citizens or “green card” holders? Would the phantom shed a tear when told that it is Republicans that are pushing this agenda?

America has long been blessed with a principal of law called “birthright citizenship,” which establishes that individuals born within the United States are automatically citizens of the United States. As clarified by the Citizenship Clause of the 14^th Amendment and the subsequent Supreme Court case of United States v. Wong Kim Ark, birthright citizenship does not depend on considerations of descent or lineage such as the nationality or immigration status of one’s parents.

The 14^th Amendment was proposed and ratified shortly after the Civil War to ensure that ideals over which the war was fought were incorporated into our nation’s fundamental principles of government. Included in this amendment was the Citizenship Clause, which states, “All persons born in the United States…are citizens of the United States.” This clause erased the infamous Dred Scott decision of 1857, a court case that ruled in favor of withholding U.S. citizenship from children born in America to slaves of African descent.

If doubts still existed as to whether birthright citizenship extended to children of foreigners, they were laid to rest by an 1898 court case concerning the status of Wong Kim Ark, a child born in the United States to Chinese immigrants. At the time, the Chinese Exclusion laws barred Chinese immigrants from becoming U.S. citizens. But in a landmark decision, the United States Supreme Court unequivocally declared Wong Kim Ark a U.S. citizen, thereby rejecting the argument that the immigration status of a U.S.-born child’s parents could limit the operation of the Citizenship Clause.

Although often taken for granted by Americans who have never been denied its benefits, U.S. citizenship may be the most precious possession Americans hold. Only citizens enjoy the right to vote – perhaps the most basic of rights because it empowers its holders to choose their government. The extremist Republicans seeking to deprive native-born children of their citizenship would deny this right and other fundamental rights such as equality under the law, due process and economic opportunity to untold numbers of persons born in this country.

Many of the people that the fanatics are attempting to disenfranchise are the U.S.-born children of our country’s undocumented residents. These innocents have done nothing to violate U.S. laws. Rather, through no fault of their own, they were simply born to the “wrong” parents. As generations of other U.S.-born persons with foreign-born parents have done before them, these U.S.-born children are likely to make the United States their permanent home. They will formulate ties to their communities and this country and strive to make them better places to live.

Sadly, many, perhaps most, Republican Members of Congress would deny these native-born children the precious benefits associated with citizenship as well as introduce discriminatory principles into the 14^th Amendment’s guarantee of individual liberties and even-handed application of the law. In short, by denying U.S. citizenship to these children, these Republicans would create a permanent underclass of residents in this country. Moreover, since U.S.-born children of undocumented parents are predominately members of racial minorities, the attempt to make exceptions to the citizenship status of these children imperils the very existence of our multicultural society by threatening to resurrect the racist policies announced in Dred Scott.

Make no doubt about it, if Lincoln were alive today, he would oppose the mean-spirited attempt to circumvent the 14^th Amendment’s guarantee of birthright citizenship. Honest Abe would be the first to ask of the confrontational Republicans who would gut the amendment: “If you are successful in depriving U.S.-born children of their constitutionally-granted citizenship, who will you seek to disenfranchise next?”

*          *          *          *          *

Greg Boos blogs from his office in Bellingham WA and his home in Vancouver BC. Please contact Greg the following address should you desire assistance on a US immigration matter:

Greg Boos, Attorney at Law
Cascadia Cross-Border Law
1305 11th Street, Suite 301
Bellingham WA 98225
CascadiaImmigrationLaw.com
360/671-5945
gdboos@americanlaw.com

At Cascadia Cross-Border Law, we create transparent borders!