Partner at Blaney McMurtry LLP. Expert in cross-border legal issues. Practices law in the State of California and the Province of Ontario.
Henry J. Chang
Partner, Blaney McMurtry Barristers & Solicitors
Mr. Chang is a partner with Blaney McMurtry LLP, a full service Toronto-based law firm established in 1954. He is a member of the firm’s Immigration Law group and co-chair of its International Trade and Business group.
Mr. Chang obtained his Juris Doctor from Osgoode Hall Law School in 1990. He is a member of the State Bar of California and the Law Society of Upper Canada (Ontario).
A recognized authority in the field of United States and Canadian business immigration law, Mr. Chang lectures extensively in both the United States and Canada. His articles have been published in numerous nationally- and internationally-recognized publications. Mr. Chang also mentors other lawyers in the practice of business immigration law in the United States and Canada.
Mr. Chang is a former Executive Member of Canadian Bar Association’s National Immigration Law Section (2010-2014) and National International Law Section (2012-2014). He was also Chapter Chair for the Canadian Chapter of the American Immigration Lawyers Association (“AILA”) and a member of AILA's Board of Governors from 1996-1998, 1999-2002, 2004-2006, and 2008-2009. Mr. Chang chaired AILA’s Technology Committee and served on AILA National's Governance Committee in 1998. He served on AILA's Northern Border Task Force in 1999, AILA's EB-5 Immigrant Investor Committee from 2005-2007, and AILA's Admissions & Border Enforcement Committee from 2007-2008. Mr. Chang current serves on AILA’s National Department of State Liaison Committee.
Mr. Chang is consistently ranked as one of Canada’s top business immigration lawyers by The Canadian Legal Lexpert Directory, Who’s Who Legal, and Best Lawyers. He also holds an AV (Preeminent) Rating with Martindale-Hubbell.
U.S. President Donald Trump has clearly expressed a willingness to walk away from the NAFTA if he does not obtain the concessions that he expects from Canada and Mexico. For this reason, it may be appropriate to consider how such a withdrawal might affect Canadians.
Numerous concerns have been raised regarding the broad powers that will be granted to preclearance officers under the preclearance bill. Critics of the preclearance bill say that it goes too far and that Canada has given up too much of its sovereignty.
President Trump has publicly denounced the decision and vowed to reinstate the travel ban. So while it is not being enforced at the present time, if the U.S. Department of Justice is able to overturn the temporary restraining order, the travel ban could be reinstated.
When I previously discussed why Canadians may be barred from the United States if they admit to smoking marijuana, I did not discuss what options might be available if a Canadian is actually barred by United States Customs and Border Protection ("USCBP") based on criminal grounds. I will now address this issue.
It is widely believed that Donald Trump will not win a second term as president. In fact, some outspoken Americans have opined that he will not even finish his initial four-year term. If we assume that Donald Trump would not serve a second term, permanent resident status in Canada is clearly not required. There are several options available that would permit a U.S. citizen to temporarily reside in Canada for the next four years.
Canadians may be surprised to learn that United States citizens who have been convicted of (or who have committed) a single instance of Driving under the Influence ("DUI") will actually be barred from Canada. Some U.S. citizens may believe that this is unfair also, especially since Canadians who have DUI convictions are generally not barred from the United States.
As of November 10, 2016, dual citizens who hold Canadian citizenship, as well as some other foreign citizenship, will need to present their Canadian Passport at the time of entry into Canada, if they are travelling by air.
Matthew Harvey, a British Columbia resident, was permanently banned from the United States because he admitted to a U.S. Customs and Border Protection (USCBP) officer in 2014 that he had previously smoked marijuana. But why does this occur and what can be done if it happens to you?
Among other things, CBSA is proposing significant changes to the eligibility criteria. The current regulations only require applicants to be of "good moral character." Unfortunately, this term is not defined and it has sometimes resulted in inconsistent adjudications.
U.K. citizens may believe that they will have an easier time moving to Canada than the Americans. This is quite understandable since Canada shares so many things with the U.K. However, U.K. citizens will be disappointed to learn that none of this makes it any easier for them to move to Canada.
Although there is often more than one strategy available to a Canadian entrepreneur seeking to establish a business in the United States, the E-2 treaty investor category remains one of the most popular options. It is essentially available to a citizen of any eligible treaty country (including Canada) who invests a substantial amount of capital in an eligible United States business.
With every Trump victory, an increasing number of U.S. citizens are considering the possibility of moving to Canada. Of course, wanting to move to Canada is not the same thing as actually being allowed to move here. So how hard would it really be for a U.S. citizen to move to Canada?