United States or Canada: which one to emigrate to as a spouse?

Luis Ascencio Cordero Case

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Thousands of people around the world have felt trapped once in their lives by the "American dream", an idea that has been spread through Hollywood movies, creating a perfect image of the United States; however, when foreigners arrive in the country, they are faced with harsh immigration policies and soon recognize that things are not as friendly and wonderful as they expected, and the dream turns into a nightmare. A recent example is the case of Luis Ascencio Cordero, a Salvadoran citizen who has been trying for 8 years to obtain his visa to enter the country and be with his wife, who is an American citizen, but he has been denied several times and, on top of that, the last Supreme Court ruling affirmed that federal courts cannot question the denial of visas for spouses of American citizens and there is no right to challenge.

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Now, did you know that the "American dream" is not limited only to the United States? Canada shares many similarities with its southern neighbor: language, geography, level of development and many additional advantages, such as bilingualism (English and French), a high level of security and something super valuable: more responsive immigration policies for spouses. This allows families to be together in the same American dream. Learn how Canada handles the visa for spouses of Canadian citizens and how it compares to the case of Luis Ascencio Cordero and his wife.

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U.S. puts mixed status couples at risk 

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Luis Ascencio Cordero is the husband of Sandra Muñoz, a U.S. citizen who is suffering the forced separation of her marriage because the State Department denied Ascencio Cordero's visa application, citing suspicions of his affiliation with the international gang MS-13, better known as the Mara Salvatrucha, something he vehemently denies. In fact, Sandra maintains that the visa denial is due to a subjective interpretation of her husband's tattoos, which immigration authorities unfairly link to the gang in question.  

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After many lawsuits and denials, the majority opinion of the Supreme Court argued that there is no historical precedent supporting the right to reside with a non-citizen spouse in the United States, which now calls into question the marital unit that for centuries was considered one of the fundamental promises in the country, according to Hispanic Justice Sonia Sotomayor.

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The Great White North: a couple's dream

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This historic media moment for U.S. immigration has left many couples pondering whether it is better to immigrate to the United States or to Canada, its French-speaking sister country. Immiland echoes this important news because, in our quest to build dreams as a family, we want to show some points of comparison before they start their immigration procedures to study, work or live in another country as a foreign spouse, since a case similar to that of Luis Ascencio Cordero and Sandra muñoz may happen and, due to the new ruling, they could run the risk of being separated. The following is a comparison between Canada and the United States for the visa.

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Differences between Canadian and U.S. visas

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Both the United States and Canada require a visa for foreigners, but there are wide differences between the two countries. Here are some of them:

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Application process in the United States

• The visa response can be a long and complicated process. The lack of appointments at the embassies and consulates, as well as the interviews with the immigration officer, can generate some nervousness which makes the applicant to make an unintentional mistake in some answers.

• There is an excessive mobilization for humanitarian reasons. Many people are fleeing from violence in their countries of origin, lack of employment, etc. Others see the possibility of entering the country and working even without permits; all this is affecting the mood of the officials themselves and they end up tightening their own criteria for visa approval at the slightest suspicion that they may be lying in the interview.
• When a U.S. embassy or consulate denies a visa application, officials are not required to provide a detailed explanation regarding the decision.
• U.S. citizens do not have a constitutional right to challenge the denial of visas for their non-citizen spouses.

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Application process in Canada

• The process to obtain a Canadian visa is simpler or at least takes less time. 
• While online submission of documentation is required and interviews and proof of sufficient resources are used in exceptional cases, officers rely on the truthful demonstration of their written support, including bank statements, well-argued letter of explanation, proof of relationship, etc. 

• Canadian officers work in less stressful situations because the immigration flow for this country is much more controlled, so they remain cordial while still being strict in the review of documents. 
• Individuals can appeal visa denials to a special immigration board. Read the article Visa denied, what do I do now?
• Spouses or common-law partners of Canadian citizens or permanent residents may apply for an open work permit and travel while their partner sponsors them for permanent residence; this scenario encourages economic integration and family reunification. 
• If the visa was refused, the applicant will have the option to view the reasons for refusal through an ATIP, Access to Information and Privacy, or if they believe the immigration officer made a mistake, they may opt for a reconsideration. Immiland Canada can handle the refusal of your denied visa.

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Canada and the United States are allied countries, with good bilateral agreements and well channeled diplomatic relations. If a foreigner has a U.S. visa, it is possible that this will positively influence the approval of the visa for Canada, but this should not be confused with a replacement.

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Keep in mind that moving to another country is a step that requires planning, our team at Immiland has advisors who can help you successfully obtain your visa to Canada. This country has many immigration routes for foreign couples and entire families, but you need to know which is the right plan to avoid inconveniences. Something very positive is that, if a visa rejection occurs, the foreigner can ask for a reconsideration to improve his/her application the next time he/she applies. Immiland Canada will guide you through the reconsideration process.

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If you are still planning to travel to the United States as a foreign couple, remember to plan your travel arrangements around the key points of the Supreme Court's ruling. These are:

• There is no judicial review for the denial of spousal visas.
• Even if a visa denial results in a couple being unable to live together in the United States, they have no legal recourse to challenge the decision.
• It denies the argument that the denial of a visa for a spouse infringes on the constitutional right to marry. 
• Endorses the government's authority to deny visas to non-citizen spouses without providing a detailed explanation. 
• Reaffirms Congress' broad power to set immigration limits.
• Reinforces consular officers' broad discretion in visa decisions with limited judicial oversight. This could lead to more visa denials without detailed explanations, making it difficult for couples to understand and address the reasons for denial. 
• The inability to challenge visa denials can result in prolonged or permanent separations for many mixed-status couples.

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If you are thinking of traveling to another country to study, work or as a tourist, we invite you to explore the immigration pathways offered by Canada, a friendly and receptive country for all foreigners in the world. Immiland has Canadian visa services and much more. Click here. Now that you know about the visa process for a foreign spouse in North America, which country do you choose to immigrate to: the United States or Canada? United States or Canada? Take your time to decide!

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With love,

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Immiland