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Canadian moving to the USA
beavotron
Registered User regular
Registered User regular
Hey guys!
I'm trying to figure out what my options are here.
Currently I'm a freelance illustrator. I'm a Canadian citizen and I'm in LA temporarily to do some workshops.
I've decided while down here that it's a much better environment for an artist to live in, I want to continue to live down here, taking workshops and continuing to work freelance.
Since the clients I have are all obtained from the Internet, i would be getting them whether I was living in Canada or the USA, so I'm not actually taking jobs away from Americans by being down here.
What options do I have and what is my best course of action at this point?
I'm leaving on the 10th of December to go home for Christmas and plan on coming back in January.
I'm trying to figure out what my options are here.
Currently I'm a freelance illustrator. I'm a Canadian citizen and I'm in LA temporarily to do some workshops.
I've decided while down here that it's a much better environment for an artist to live in, I want to continue to live down here, taking workshops and continuing to work freelance.
Since the clients I have are all obtained from the Internet, i would be getting them whether I was living in Canada or the USA, so I'm not actually taking jobs away from Americans by being down here.
What options do I have and what is my best course of action at this point?
I'm leaving on the 10th of December to go home for Christmas and plan on coming back in January.
beavotron on
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but they're listening to every word I say
If you have specialized skills and a job offer at a US company, the employer can get a fast-track work visa that would let you live and work in the states. I think that's about the only fast way to legally work full-time in the states as a non-citizen. Pretty much every other avenue to legal full-time work in the US is a gigantic pain in the ass, and that's by design. They want immigrants to be extremely hard-working and persevering, so they make them jump through a lot of hoops before they'll issue a green card.
There really arent any provisions for self employeed people to get greencards or become a permanent resident unless theyre bringing in a fuckton of money and are going to set up businesses that employs americans.
Your best bet if youre really serious would be to talk to a (legitimate) immigration lawyer. If there are any loop holes for self employed people with modest (ie, less than 500,000 dollar) incomes, they will be able to tell you what you need to do.
Check out my band, click the banner.
Definitely contact an immigration lawyer, but based on your current situation I doubt you'll see any progress on getting a green card unless your status changes on either the family or employment front.
Just make sure you absolutely do NOT exceed 6 months out of 12 with no visa, even if your passport isn't stamped when you enter (it probably won't be if you enter via land). They WILL find out and you WILL be banned from re-entering the US under any circumstances for 3-10 years. Also, even if you start alternating 6 months here, 6 months there, they're gonna start doing some "extended" questioning at the border after the 2nd or 3rd time you try it.
Firstly, this will be difficult, but not impossible. Check the us gov. website to see if you're eligible for the "green card lottery" the odds are very long, but it might not hurt to try.
A work visa is your next option. Find a job in the US that the employer will sponsor your visa. I think they're still called an H1B. You need to bring a very specific and in-demand skill set to this, however, since the employer must prove that they have tried to hire an American but failed.
The next is a green card through marriage. Unless you're currently dating an American with plans to get engaged, this is right out. I'll also remind you that marriage fraud carries a pretty serious penalty. ;-)
Student visa is also an option. If you're studying in the US you can be here legally, however, you're not allowed to work off-campus. I was an RA during my undergrad years but I couldn't have worked at the GAP at the mall.
Sorry to be the bearer of bad tidings, but just moving to the US is not something that one does with ease.
I once hired an immigration lawyer to help my wife with some immigration issues coming up to Canada.
...his advice was terrible. Almost got her and myself in some damned deep trouble with the authorities, so, do some real research on the potential legal representatives available to oneself.
ugh on both counts
the thing about getting a job down here is i don't have a degree
so it'll be hard for them to prove that i'm more qualified than an american who has one
there is a boy down here that i'm dating though
maybe i can convince him to marry me!
On the job front: You don't need to have a degree, particularly in the field you're in. You have a lot of positive references and a long list of completed projects to wave in front of an employer.
On the marriage front...marrying Canadian citizens just long enough for them to get there green card is not uncommon. Just saying. But don't rush into a serious relationship if that's a motivating factor.
Secret Satan
Well I don't know much about jobs, but I know some guys.
Single guys.
From what you described, it sounds like you probably get paid for your services online (like with Paypal or something), and there's no face-to-face money-to-product exchange and that you can do it from anywhere in the world.
If you were to hypothetically say you were living in Canada with a parent/relative/friend but actually just exist 100% of the time in California, well, no one is going to demand your immigration papers at random intervals and proceed to kick you out.
Where you'll get in trouble doing this is if you leave the country/try to get back in afterwards. They'll see that you were in the US for a two year period illegally and you'll likely get blocked. However word on the street is that when considering K-3/K-1/etc visas for Spouses/Fiancees the government will overlook extended periods of time spent here.
Theoretically, you could live in the US for 4 years, get married at the end of that, get a green card, and be a legal permanent resident. The only issue is that you wouldn't be able to leave and return as you pleased during those 4 years, and there's always that sticky worry in the back of your mind that someone somehow is going to find out and you'll be deported. Or that when you apply for your Spousal visa that you'll get a strict case handler and get rejected/deported (unheard of but probably not impossible).
Like I said, it's bad advice. I think you can live in the states for 6/12 months of the year (it may be longer) legally by stating that it's just a half-a-year vacation; lots of couples (myself included) have done this while battling visa paperwork.
I think the first step could have gone faster if I'd applied for the visa faster, but that would maybe shave a month off the times. How long it takes for you, if you go the marriage route, will vary quite a bit depending on how backed up you are, and how quickly the US Embassy in Canada does its part.
One thing that really slowed things down was that I hired an Immigration attorney who's assistant kept screwing up. I kept having to correct their forms they were sending me for approval. It was at that point I realized I was essentially filling out the forms myself and was paying someone to screw things up. So I fired my attorney and did it all myself. It's pretty straightforward and there's plenty of websites to help you along (www.visa-journey.com has helpful guides). I also had a couple family members who knew immigration attorneys, so I was able to ask them questions if I needed to.
One thing to note is that unlike my wife who wasn't able to come to the US while her visa was pending, you could probably just keep visiting the US for as long as a tourist visa lasts. You're not technically allowed to work while here if you're on a tourist visa, so I'm not sure how your independent contracting would work.
Marrying someone pretty much guarantees you becoming a permanent resident, its just a matter of time. So long as you're not a criminal in Canada and don't commit a crime in the US. I should point out that its illegal to marry someone just to get a green card and that most of the application processes is you convincing USCIS (previously the INS), that your marriage is genuine. Once you get the green card you're free to get divorced, even during the 'provisional' green card portion. You just have to convince them you both entered the marriage in good faith.
As far as a student visa is concerned, you must prove you can pay for all aspects of your education including housing/eating for your entire degree period. So if you apply to a 4 year school you have to show you, or your sponsor (preferably related to you) has enough money for 4 years of tuition, room, and board along with any other expenses. Your school should have a summary of how much this is in their international admissions section. Whether or not your visa is approved is subjectively decided by whoever interviews you at the US Embassy. If you already make decent money and it's clear that you only want to go to school to start living in the US they may deny you.
What if OP gets injured while in the US? No citizenship means no state medical coverage, no employer means no corporate medical benefits, and no travel insurance either, since a travel insurer isn't going to cover an illegal stay. Hello five- to six-figure hospital bill! It might seem like OP could simply stay in the US and work over the internets and the relevant US authorities would be none the wiser, but there are lots of ways that plan could go awry, and some of the possible consequences are incredibly severe. It just doesn't seem worth the risk.
i'm worried about having them sponsor me for a visa without having a degree
all of the websites i've looked at have said that if i try to get myself like a TN or whatever that I absolutely need a degree
is there some way around that if the employer is getting the visa for me?
The majority TN groups require at least a Baccalaureate. Plus you don't want a TN visa as it is a non resident non dual intent, so you can't do anything that makes it look like you want to stay in america ( majority of assets need to stay in Canada, can't own anything of value in us, apply for green card, etc ).
When I was on a TA I had to show my transcripts, diploma, proof of work experience, and employment offer each time I went across the border. This is because on a TA visa you have to reapply for TN status each time you enter the US.
but I can't seem to find actual solid evidence of this.
TN looks completely out of the question for me at this point
So theoretically you may still qualify, but the next question you have to ask yourself is if you have an employer that can both justify an H-1B visa for you and is willing to go to the trouble. Without that, the rest of the theory behind this is completely moot.
disney has an entire legal team who exists just for that reason apparently
Also, mind if I ask what workshops you're taking? I'm always looking around for good art classes in LA that I can work around my work schedule. (if they're any good)
and since I really like it down here, I'm applying to do that at a school in the OC that is very affordable and will offer me the certification I need to eventually work down here.
Apparently getting your degree/diploma from a US school makes your chances a bit better when applying at the border anyways, because they don't have to do a comparison audit on it.
The school will set up my student visa and there's really no limitations on those at all for a Canadian, so I'll still get to spend my usually frost-bitten winter in beautiful Orange County!
And I can still do night time workshops down here and network!
Yaaaay!
At least I'm from a nafta country, it really does make the whole thing easier.
Also I've learned more about canadian/American immigration policies in the past week than I care to think about.