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Find a Lawyer in OntarioUnited States Immigration Legal Questions answered by Lawyers
Browse our 2 legal questions about Immigration in United States and the lawyer answers, or ask your own questions for free.
- How do I get certificate or acceptance?
- US is asking for certificate of acceptance for my son born in Ulsan 13years ago for the purpose of our immigrant visa. He was not registered at the local district office at the time as we were told as non nationals, it was not mandatory. I don’t know how to... Read more →
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Lawyer answer by mohammad mehdi ghanbari
Hello, good morningTo obtain a Certificate of Acceptance for your son born in Ulsan, you will need to report the birth to the local government office (Si, Gu, Eup, or Myeon) corresponding to the place of birth. Even though the...
Read full answer - What will help our US Immigration Case
- So we got refused under section 221g on 29 March because we didn't know about informing and taking the Death Certificate before the interview. So they told us to contact USCIS, our petitioner Spouse did contact USCIS, and uscis website is saying we received your correspondence on 15 August and... Read more →
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Lawyer answer by SJ Law Experts
**SJ Law Experts, Islamabad** Thank you SJ Law Experts, Islamabad [Advocates, Legal Advisors & Immigration Lawyers]
Read full answer
United States Immigration Legal Articles
Browse our 1 legal article about Immigration in United States written by expert lawyers.
- Golden Visas: Residency by Investment in the United States
- Key Takeaways The United States immigration system is governed primarily by the Immigration and Nationality Act (INA) and administered by USCIS, DOS, CBP, ICE, DOL, and EOIR. Most immigrants enter through family, employment, humanitarian protection, or investment routes, each with its own forms, fees, timelines, and eligibility rules. For investors,... Read more →
1. About Immigration Law in Ontario, Canada
Ontario relies on federal immigration law for most eligibility and processing. The framework is defined by the Immigration and Refugee Protection Act, which sets out who can come to Canada, how decisions are made, and what recourse exists. In Ontario, provincial programs such as the Ontario Immigrant Nominee Program (OINP) provide pathways to permanent residence for certain skilled workers, graduates, and caregivers.
For residents of Ontario seeking immigration relief, a licensed solicitor or lawyer can help interpret federal rules and coordinate with provincial programs. This guide uses Ontario as the focus and emphasizes practical steps you can take within the province. If you meant Ontario in the United States, note that U.S. immigration law is handled at the federal level with different processes and authorities than Canada.
Key federal authority: Immigration and Refugee Protection Act (IRPA) governs eligibility, processing times, and appeals for Canada-wide immigration decisions.
Key provincial pathway: Ontario Immigrant Nominee Program (OINP) provides nomination streams to support permanent residence for qualified candidates with ties to Ontario.
Notable sources for reference include the federal IRPA and the Ontario government pages on immigration programs. See the citations at the end of this guide for official sources.
2. Why You May Need a Lawyer
- Employer seeks to hire a foreign worker through the OINP and needs guidance on LMIA requirements, stream selection, and nomination timelines. A solicitor can prepare documentation and liaise with employers and government offices.
- Family sponsorship in Ontario requires careful documentation, financial support proofs, and potential medical or security checks. An immigration lawyer can map out the best sponsor stream and prepare robust evidence.
- Inadmissibility concerns due to past criminality or medical issues arise. You may need to pursue rehabilitation, criminal waivers, or humanitarian considerations with professional help.
- Study or work permit extensions and transitions to permanent residency can be complex. A legal counsel can prevent status gaps and advise on bridging options.
- Refugee or humanitarian protection considerations require specialized knowledge of procedures, risk assessments, and appeals or reviews if needed.
- Regulatory changes or fast-tracked programs in Ontario require timely interpretation of new rules. A solicitor can keep you compliant and responsive to deadlines.
3. Local Laws Overview
- Immigration and Refugee Protection Act (IRPA) - federal law governing who can enter Canada, stay, and obtain permanent residence. Enacted in 2001, effective 2002, with ongoing amendments to reflect policy priorities. It provides the framework for most immigration processes in Ontario and across Canada. IRPA on CanLII
- Citizenship Act - federal law detailing how a person becomes a Canadian citizen, including residency requirements and eligibility criteria. Originates from the mid-1980s with subsequent amendments. Citizenship Act on CanLII
- Ontario Immigration Act, 2015 - provincial legislation that governs the Ontario Immigrant Nominee Program (OINP) and related provincial nomination processes. This act enables Ontario to designate streams for skilled workers, graduates, and caregiver categories seeking permanent residence via nomination. Recent amendments have updated stream criteria and processing requirements. Ontario Immigration Act overview
4. Frequently Asked Questions
What is IRPA and why does it matter?
IRPA is the federal law that outlines who may come to Canada and how decisions are made. It sets the framework used by all immigration officers in Ontario and nationwide.
How do I qualify for the Ontario Immigrant Nominee Program?
You typically need a job offer, work experience, and a connection to Ontario. Some streams require a job offer in specific occupations or a program alignment with Ontario’s labor market needs.
Do I need a solicitor to handle my immigration case?
While not mandatory, many applicants benefit from professional guidance. A licensed immigration lawyer or solicitor can improve application quality and help meet deadlines.
How long does permanent residence processing take through Ontario streams?
Processing depends on the program and your country of origin. Ontario streams often follow federal timelines, which can range from several months to over a year.
What documents are required for a study permit in Ontario?
Common items include a letter of acceptance, proof of funds, identity documents, and a study plan. Additional requirements vary by applicant country.
Can I work while my PR application is pending?
Some options allow work authorization during processing, such as bridging open work permits, but eligibility depends on your current status and program rules.
Should I challenge a refused application?
There may be options such as reconsideration, reapplication, or a judicial review in exceptional cases. A lawyer can assess viability and risks.
Do I need to translate documents into English or French?
Yes. Most documents must be translated and accompanied by certified translations or sworn affidavits, depending on the program.
Is there a fee to hire an immigration lawyer in Ontario?
Fees vary by complexity and attorney experience. Expect initial consultations to range from a few hundred to over a thousand dollars.
How much evidence do I need to show financial support?
Evidence depends on program type and family size. You must demonstrate sufficient funds to support yourself and dependents when applicable.
What's the difference between a refugee claim and asylum?
Canada uses refugee protection under IRPA; a claim is evaluated on merits. In Ontario, intake and hearings are coordinated with federal authorities.
How do I verify my status after arriving in Ontario?
Check your permit or permanent resident card status with IRCC and ensure you maintain status by meeting program conditions and deadlines.
5. Additional Resources
- Immigration, Refugees and Citizenship Canada (IRCC) - federal department responsible for immigration, citizenship, and refugee matters. Functions include processing applications and issuing permanent resident cards. IRCC Official Website
- Ontario Immigrant Nominee Program (OINP) - provincial program that nominates eligible applicants for permanent residence. Functions include stream management, employer partnerships, and reporting to the federal government. OINP Page
- Law Society of Ontario (LSO) - regulatory body for lawyers and paralegals in Ontario. Functions include licensing, discipline, and a search tool to verify credentialed practitioners. Law Society of Ontario
6. Next Steps
- Identify your goal and the best path (PR, study, or work) within 1 week.
- Gather key documents and check for eligibility criteria across streams within 2 weeks.
- Consult a licensed Ontario immigration solicitor or lawyer within 1-2 weeks of document gathering.
- Choose the program and prepare a tailored application package within 2-6 weeks.
- Submit your application to IRCC and/or OINP with all required forms and evidence within the timeline given by the program.
- Monitor status and respond to any requests for additional information within the deadlines provided.
- If denied, assess options with your lawyer, including potential reconsideration, reapplication, or appeals if warranted.
References and official sources:
Immigration and Refugee Protection Act (IRPA): IRPA on CanLII
Citizenship Act: Citizenship Act on CanLII
Ontario Immigrant Nominee Program: OINP
IRCC Official Website: IRCC
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.