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Author Archive - Henry J. Chang, Dentons LLP

Henry J. Chang is a partner in the firm’s Employment and Labor Group. He currently practices in the areas of Canadian and United States business immigration law, international business law, and cannabis law. Read more

E-1 Visas for Canadian production companies

Canadian production companies that sell films and/or television productions to US-based companies (including US studios, independents and streaming services) can face difficulties when sending their key personnel to the United States. The issue frequently arises when some or all of the Canadian production is scheduled to take place on location in the US.

 

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DHS commences pilot project to collect DNA from certain travellers

The Department of Homeland Security (DHS) recently announced a pilot project to collect DNA samples from certain travellers, which commenced on January 6, 2020. This announcement has prompted questions from Canadians (and other foreign nationals), who are concerned that they may be required to provide a sample of their DNA when travelling to the United States.

 

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The Government of Canada implements its New Preclearance Act

On August 15, 2019, US Department of Homeland Security announced that the United States and Canada had implemented its Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of the United States of America and the Government of Canada (Preclearance Agreement). The Preclearance Agreement was signed by the US Secretary of Homeland Security and Canadian Minister of Public Safety and Emergency Preparedness on March 16, 2015, as part of the Beyond the Border Action Plan.

 

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An overview of Canada’s Start-Up Business Class

Despite the fact that the United States (and many other western countries) have adopted more restrictive immigration policies, Canada remains relatively open to accepting new immigrants.

 

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Cannabis in the United States and its implications in naturalization applications

In April 2019, the media reported that the United States Citizenship and Immigration Services (USCIS) had denied the naturalization applications of at least two lawful permanent residents who had worked for state-licensed cannabis businesses in the State of Colorado.

 

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Immigration consequences of Canadian criminal offences

When criminal lawyers represent their clients, they may not always consider the immigration implications of the case. However, unless their client is a Canadian citizen, many criminal offences will have potentially adverse consequences. A brief discussion of immigration consequences arising from Canadian criminal offences is provided below.

 

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How US federal cannabis legalization would affect US immigration laws

During the 115th United States Congress, several Bills were introduced to legalize marijuana at the federal level. The Bills that received the most attention were:

 

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A review of U.S. border crossing issues one month after cannabis legalization

As we are now at the one-month anniversary of cannabis legalization in Canada, it would be an appropriate time to revisit the issue of U.S. border crossings, in the context of cannabis.

 

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Canadian companies should educate their employees prior to marijuana legalization

In order to minimize the risk of employees being barred from the United States, Canadian employers should educate their workforce on the above issues prior to (or soon after) October 17, 2018.

 

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Does the Canada Border Services Agency have the authority to search your electronic devices?

Travellers may feel that searches of their electronic devices at border crossings are an unreasonable violation of their privacy rights. However, they need to be aware that refusing to provide their password can have serious consequences.

 

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Recent changes to impaired driving offenses and their effect on Canada’s immigration laws

Once Bill C-46 becomes effective, even impaired driving offences not involving bodily harm or death will be considered serious criminality under IRPA 36(1).

 

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How the legalization of marijuana will affect your ability to travel to the United States

The legalization of marijuana (both in Canada and in some US states) has created considerable uncertainty for Canadian citizens, Canadian permanent residents, and other foreign nationals.

 

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USCBP updates policy on border searches of electronic devices

Canada USA border crossing

On January 4, 2018, United States Customs and Border Protection (“USCBP”) updated its official policy on border searches of electronic devices. The new policy directive[1] (the “New Directive”) supersedes its prior policy directive (the “Prior Directive), which was issued on August 20, 2009[2]. The New Directive addresses some, but not all, of the issues that arise in relation to border searches of electronic devices.

 

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President Trump’s latest travel ban and its effect on Canadian citizens and permanent residents

On December 4, 2017, in a 7-2 decision the United States Supreme Court lifted the temporary restraining order that had initially blocked President Trump’s latest travel ban.

 

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CETA offers enhanced labour mobility for EU nationals entering Canada

Canada and the European Union (“EU”) commenced their provisional application of the Canada-European Union Comprehensive Economic and Trade Agreement (“CETA”) on September 21, 2017.

 

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