Law School Discussion

A bit worrisome...(visa)

Lil Orphan Annie

A bit worrisome...(visa)
« on: February 27, 2007, 09:10:43 PM »

Liza was excited. In three days her friend Timothy would come visit her in the United States. Suddenly, the phone rang. Liza couldnt believe her ears! Sadly, Timothy told her, "I cannot come...the consul said I am 214(b)."

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.

OK, this pertains to law school...the purpose of going to the U.S. for a law degree is to practice there, correct?  So do I actually need to prove the intent to come back to Canada in order to get my student visa? I mean, I am expecting that I will get an employer who will sponsor me to stay in the States after I get my JD, I just supposed to lie in the meantime and pretend that I don't have that expectation to stay and practice in the States? This stuff is so frustrating.


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Re: A bit worrisome...(visa)
« Reply #1 on: February 27, 2007, 11:19:19 PM »
Yes.  It's pretty retarded.  Until the day you actually gain citizenship, you have to claim you're coming back to Canada.  Your ties don't have to extend beyond just proving that your parents are there and that they still have your "stuff", but even while you're working (whether under the NAFTA or HB-1 visas), you have to keep insisting that you're only in the US temporarily.

Lil Orphan Annie

Re: A bit worrisome...(visa)
« Reply #2 on: February 28, 2007, 06:56:22 AM »
My last excuse is that my LSAT wasn't good enough to get into any Canadian schools :P

But this going to be a problem?  Are they going to scrutinize you closely and ask why the hell you aren't going to a Canadian school when it's much cheaper and that a law degree in the States will make getting a job in Canada harder?  Are they going to ask me if I know anybody in the States and if I'm planning to get an impromptu PR through marriage?  Anybody who has gone through this ordeal, please help :)