U.S.A. and Canada Immigration Law Differences

The United States enacted its first immigration law, The Naturalization Act of 1790 to bring new arrivals to citizenship status. Subsequent laws were laws of exclusion until the current century where security is paramount and exclusion turned to political hysteria. In contrast, Canada courts immigrants actively for economic reasons. This is a study of the differences in the need for immigration lawyers' services between the two countries.

The U.S. processing of immigration applications has political aspects that must be taken into account when establishing how much will be needed in the way of legal services to achieve citizenship. The procedure is streamlined in Canada by the fact that the motivation of the government is economic rather than political, rather like a job interview where your skills are needed and you're being recruited to start a business to help the country thrive. USA work visas are issued grudgingly, only after it's shown that a U.S. citizen cannot perform the same job.


American citizenship has always come with the understanding that new arrivals should strive to become American in culture and learn the language sufficiently to pass a test. People have to be familiar with the country and understand political notions regarding security and patriotism. This was done in a "howdy neighbor, welcome to our shores but let's check the exclusion list first" fashion since several laws were enacted to halt a flood of Asian immigrants and in 1952 an exclusion list began on possible communists.

Canada and Australia are traditionally the most popular destinations for people re-locating for the purpose of finding a better life. The low population of these countries makes for less competition for jobs and housing; however in a recent survey involving 17,000 young people in 16 countries, India's number one choice was the U.S.A. at 38% of the respondents. This may be a reflection of the U.S. economic collapse of jobs in the manufacturing and industrial sectors: one mirror may be that coincidental figure of 38% - the exact percentage of the American labor force now working in the service sector according to figures released by The Venus Project, an economic and scientific think-tank. The majority of young people in India are already working in service sector jobs - IT, web design, telemarketing, customer service, and so on. Many of the jobs have been outsourced from North America and the English language is common there.

Given the multiple layers of American bureaucracy and defensive security this would be improbable, but it's almost as if there was some conscious recruiting going on by the U.S. for economic purposes to get the largely entrepreneurial East Indians to open up shop to spur the economy like other countries might. Since the twin towers fell, the only concern has been keeping people out of the country and the U.S. Immigration Service has become intertwined with the Office of Homeland Security. Immigration to the United States is predictably concerned with your history and background to the point where extra legal advice should be planned for to avoid delays just in case additional problems come up in the process of becoming a permanent resident.

Those qualified for Immigration to Canada will encounter fewer roadblocks but should ensure that they obtain the services of an immigration lawyer for the timely issues of work permits and visas. Mistakes can cause people to repeat the process from the beginning. The encouraging attitude of the government makes immigration easy out of financial necessity in a low-population country like Canada. There's no concern for assimilation; a person can live and die in Canada without ever speaking either of the official languages. It's extremely attractive to couples with new children for they can avail themselves of universal free health care and social benefits not present in American society.

The enormous paramilitary reaction to 9/11 caused proclamations by the government that the nation was under attack permanently by terrorists and the public should join in a frenzy of patriotic indignation and fear, justifying the creation of a whole new type of security sector. The laws are largely interpreted by the agency involved and so the applicant should expect an investigative atmosphere. If you can put up with stringent security confrontations in paperwork or in person then you are both well-served by your lawyer and well-equipped to face the challenges in your new home.

Toronto writer Pat Boardman presents these personal observations in respect to legal firms such as somekeyword who provide advice and representation for immigrants.

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