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HELLO My son has a problem ,he arrived as a canadian citizen

 
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  • Answered by:Longhorn Lawyer
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Customer Question

HELLO
My son has a problem ,he arrived as a canadian citizen to Boston on Friday to do a payed internship in an architecture company as he is an architect stuent and he will work for 8 weeks,but he didn't apply for a work visa when he arrived @the airport,so he was asked about it where he should work and without thinking we went back to the costums in the airport to ask them what to do,and they told him that he should cross the border in just 2 days and come back and he will get his canadian security number in order to be able to work but what i have to know is what he needs to get a temporary work visa as canadian college student since he will be payed to avoid the same issue @ the airport.Pls help me , we are lebanese/canadians but residents in Beirut .

 

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State/Country relating to question: Massachusetts

Already Tried:
We tried to contact also the canadian consulate in Boston and then in NY TO KNOW WHAT TO DO.tHE PROBLEM NOW IS @ THE COSTUMS AN AND THE WORK PERMIT.

Submitted: 372 days ago.
Category: Immigration Law
Value: $59
Status: CLOSED
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Expert:  Longhorn Lawyer replied371 days and 23 hours ago.

Hello! Thank you for using Just Answer. I'm happy to help you with your immigration or TSA questions, and will do my best to do so based on my expertise. Please note that while you are working with me, I also will be working with several other customers, so you may experience delays. Your questions WILL be answered in the order they are received; therefore, please be patient as we work through your questions.

Unfortunately, there is nothing that can be done immediately, for him to be able to come back in two days. Whomever told you that was either not informed or was just trying to get him to go back quickly.

A person who is entering the US to perform any type of work for which he will be paid MUST have a valid non-immigrant visa for the purpose of the trip.

Persons who are coming to the US as summer interns should consider a J1 visa. Here is all of the information that you will need to learn about the J1 visa for interns.

http://j1visa.state.gov/programs/intern/

This information is provided by the US Department of State. Note that only some types of programs are considered - architecture is one such program.

I hope I have answered your questions. Please click one of the faces below, to let me know the usefulness of the information provided. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear.

Note that this rating is not about whether the answer is the outcome you hoped to hear. We do not make the law. We only tell you what it is and how it may affect the situation you describe. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS - it is much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

Customer replied371 days and 9 hours ago.

First thank you for replying
I already checked about J1 VISA ,BUT THE OFFICE WHERE HE SHOULD WORK NEEDS OTHER FORMS LIKE i-551 and I-766 AND ALSO I-94 WHICH IS NOT CANADIAN CASE.
I HAVE BEEN TOLD THAT WE CAN APPLY FOR H1 B VISA OR TN 1 .
I UNDESTAND FROM YOU THAT HE SHOULDN;T LEAVE TO MONTREAL
AND TRY TO GO TO THE US CONSULATE THERE,MAYBE IF HE GETS CANADIAN SOCIAL SECURITY NUMBER OR SOME PROOF.
kINDLY TRY TO ANSWER FAST.
I APPRECIATE YOUR HELP NOTING THAT I CHECKED ALSO ALL IMPORTANT SITES CONCERNING THIS ISUUE.
r
REGARDS RIMA

Accepted Answer

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Expert:  Longhorn Lawyer replied371 days and 5 hours ago.

First, please do not write in all BIG letters. It is just like yelling at me, and I have done nothing wrong.

QUESTION
: I already checked about J1 VISA ,BUT THE OFFICE WHERE HE SHOULD WORK NEEDS OTHER FORMS LIKE i-551 and I-766 AND ALSO I-94 WHICH IS NOT CANADIAN CASE.
ANSWER: He can't get an I-551 unless he is a permanent resident/green card holder of the US. The I-766 is the employment authorization card, which a person gets only under very limited circumstances. Suffice it to say that in his situation, as a two month intern, he is not be eligible for the I-766 under these circumstances. the I-94 is not offered in the case of Canadians who enter the US as visitors. But if a person enters with an actual visa, they will receive an I-94. So if he enters with the J-1 visa, the H1 status, the TN-status, he will get an I-94 to show his lawful status upon entry.

QUESTION: I HAVE BEEN TOLD THAT WE CAN APPLY FOR H1 B VISA OR TN 1 .
ANSWER: Both of these visa are long term visas, not for summer interns.

He cannot apply for H1B unless he has a bachelor's degree or 12 years of relevant work experience, or a combination of both. Each year of education is equivalent to 3 years of employment experience.

As far as the TN is concerned, for professionals in architecture, the TN requires either a baccalaureate degree or a state/provincial licensure. Experience in the field cannot be a substitute for education requirements. So if a person does not have the appropriate education credentials or licensure, they will not be able to establish that they are a "professional" in the field for a TN.

QUESTION: I UNDESTAND FROM YOU THAT HE SHOULDN;T LEAVE TO MONTREAL AND TRY TO GO TO THE US CONSULATE THERE,MAYBE IF HE GETS CANADIAN SOCIAL SECURITY NUMBER OR SOME PROOF.
ANSWER: I never said he should not leave to Montreal. What I said was the when he returns, he needs to get an employment based visa. And I provided you with the most appropriate visa for the purposes of his coming to the US.

Also, getting Canadian social security identification will not help him become eligible to work in the US without an employment visa.

I'm very sorry. But I do not make the laws, so I have no control over this result. I am only providing you with information.

I hope I have answered your questions. Please click one of the faces below, to let me know the usefulness of the information provided. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear.

Note that this rating is not about whether the answer is the outcome you hoped to hear. We do not make the law. We only tell you what it is and how it may affect the situation you describe. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS - it is much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!Longhorn Lawyer41073.599999537

Expert TypeImmigration Attorney
Category: Immigration Law
Pos. Feedback: 97.3 %
Accepts: 5556
Answered: 6/13/2012

Experience: Experienced in all aspects of immigration and nationality law.

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Expert:  Longhorn Lawyer replied370 days and 20 hours ago.

Dear Rima,

I'm writing to find out if you require clarification or have any follow-up questions. If so, please feel free to ask.

If not, please remember to click on one of the ratings, which you can find at the bottom of my answer.

Sincerely,
Longhorn Lawyer

Customer replied370 days and 12 hours ago.

Dear Mr Longhorn
I really appreciate your effort and follow up,my son is now in Montreal and he will apply for his social insurance number,noting that he is born in Montreal also,and after that he will go to the US CONSULATE IN MONTREAL to explain his situation and try to get the J1 OR TN1 VISA ,IF NOT HE WILL TRY TO ASK FOR THEM ON THE BORDER.
My question is if want we are doing is the best thing and if there is other way to act or additional one.
Thank you a lot for your help.
Regards
Rima

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Expert:  Longhorn Lawyer replied370 days and 5 hours ago.

Unfortunately, this is the only way to proceed. The US consulate will not issue him a TN visa, for the very reasons I explained to you already. He should not expect to get a TN.

As far as the J1 visa, he needs to have the sponsoring company help him with the petition. He can't just get a J1 because he tells the consulate he wants one. There is a process for this, which is explained in the link I gave you previously.

Here is the link again: http://j1visa.state.gov/programs/intern/

I hope I have answered your questions. Please click one of the ratings below, as this is the only way I get credit for helping you today. It also lets me know whether the information I've provided has been helpful, or if you need further clarification.

Note that this rating reflects whether you received an answer to your question, not whether you are satisfied with the results. Remember, Experts do not write the law - we only tell you what the rules are, and how they might apply in the situation you describe.

If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS - it is much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

 
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