Unlock Your Canadian Citizenship: A New Path Through Bill C-3

Important Update on Canadian Citizenship by Descent (Bill C-3) Applications: Processing Pause and Evidentiary Standards

BUFFALO, NY – Fiegel, Carr & Joyce Law Firm is issuing this update to address recent developments regarding Canadian citizenship by descent applications under the new Bill C-3 legislation. We understand that recent news has caused nervousness and confusion among many applicants, and we want to provide clear, accurate information regarding the status of these cases and our firm’s strategic approach.

The Current Situation: A Pause on Processing, Not on Acceptance
Currently, the Canadian government has enacted a temporary freeze on the processing of derivative citizenship cases under Bill C-3. It is critical to understand that the government is still accepting applications. The pause applies only to the review and finalization of these files, not to the intake of new cases.

Why Processing Has Been Paused
The government has identified a widespread issue causing delays: the submission of insufficient or unreliable citizenship evidence by many applicants. Officials have noted a high volume of applications relying on less authoritative documentation such as census records, printouts of family trees from websites like Ancestry.com, family Bibles, and unofficial historical church documents.

Our Firm’s Stance: The Highest Standard of Evidence
At Fiegel, Carr & Joyce, we have always anticipated the need for rigorous documentation. We have been in direct communication with government officials regarding this issue, and we thoroughly understand and abide by their strict evidentiary requirements.

As a firm, our policy is to rely on official, long-form birth records to maintain the highest standard of evidence. We are committed to submitting the strongest and most complete applications on behalf of our clients.

What This Means for Our Existing Clients
If your case is currently pending, please be assured that you are in a strong position. The government has indicated that cases currently under review will be given an opportunity to provide “best evidence” to secure citizenship. Because we have already worked hard with you to secure official birth records, the evidence we have submitted on your behalf already meets the government’s highest standards. Should any of our cases be challenged or requested for further review, we are fully prepared.

Strategic Advice: File Now to Secure Your Place in the Queue
There is currently a widespread public misconception that the Canadian government is no longer accepting citizenship applications. We strongly advise our clients to take advantage of this misconception.

Are you of the belief that you may have a claim to Canadian citizenship through your ancestry? A recent Supreme Court ruling regarding Bill C-3 has opened a new avenue for individuals to claim their Canadian citizenship, and we are at the forefront of this exciting legal development.

A New Hope for Claimants

Dating back to 2022, Jamie Fiegel has been arguing that Canadian Citizenship is obtained at the time of birth by being born abroad to a Canadian Citizen, as stated in the Act. She has been following the progression of this landmark case and collaborating with stakeholders to understand the nuances of the new legislation. Our dedication has paid off, and as a firm we successfully filed our first case under the new bill in early January and received the first approval in mid-March. We are now actively preparing and filing numerous cases for clients just like you.

Overcoming Inadmissibility

One of the most significant advantages of a successful Canadian citizenship claim is that citizens are not subject to the same inadmissibility rules as other applicants. This means that if you have a past criminal record, such as a DUI, a successful citizenship application could be a more cost-effective, faster, and more straightforward path to overcoming inadmissibility than a Temporary Resident Permit (TRP) or a Criminal Rehabilitation Application.

Our Comprehensive Services

We offer a complete and comprehensive service to guide you through every step of the process. Our services include:

Service

Description

Analysis

We will conduct a thorough analysis of your potential claim to Canadian citizenship.

Document Retrieval

The generational look-back for citizenship claims is infinite. We can assist you in finding and obtaining the necessary documentation to prove your lineage.

Application Preparation

We will meticulously prepare and submit your application, ensuring all legal and evidentiary requirements are met.

Tracking & Follow-up

We will track your application from submission to decision, keeping you informed every step of the way.

Passport Assistance

Once your citizenship is approved, we can guide you on the process of obtaining your Canadian passport.

Family Applications

We can file for your entire family at a reduced rate, making it easier for everyone to start their new life in Canada.

Take the Next Step

Open the door to Canada. Do not let a past mistake stand in the way of your future. Contact us today for a consultation to see if you qualify for Canadian citizenship under the new Bill C-3. Our team of experienced legal professionals is ready to help you navigate this complex process and achieve your dream of becoming a Canadian citizen.

Contact Our Office Now

If your situation is unique or more complicated, please feel free to call (716) 810-2121 to schedule your private and personalized consultation directly with me, Jamie Fiegel.

Here is what you need to know and do!!

Complete the ArriveCAN app with citizenship documentation and vaccination information. This can only be completed 72 hours in advance of the trip. It can be completed in the APP or online at https://arrivecan.cbsa-asfc.cloud-nuage.canada.ca/auth
Upload documents and vaccination information and carry originals and copies when crossing.
Take a screen shot or print out the QR code of the ArriveCAN app in case the service at the border will not allow you access the app on your mobile device.
Nexus lanes can be utilized for Nexus active card holders (if renewed online prior to expiration, a expired Nexus card can still be used for up to 2 years after expiration)
Any child under the age of 5 can gain access without quarantine if accompanied by a vaccinated parent. Child will require ArriveCAN.
Any child over 5 who chooses not to be vaccinated is subject to quarantine (if a Canadian citizen or Permanent Resident of Canada) or will be refused entry (if they are a visitor or do not have a right of entry).
Border testing is random. You will be handed a kit in the booth by the CBSA Officer if you are chosen. You will have 24 hours to complete the test. Public Health will call to check if the test was completed. If you are going for a day trip and you exit Canada before the 24 hours, you do not need to take the test and can inform the Public Health Officer that you exited Canada before the 24 hour period elapsed.

Frequently Asked Questions (FAQs)

What are the current requirements for U.S. citizens entering Canada?
U.S. citizens must comply with updated entry protocols, which may include proof of vaccination, completing the ArriveCAN form, and providing identification documents. Requirements can vary depending on the purpose of travel, so staying informed before crossing the border is essential.

Can I enter Canada if I have a DUI or other criminal record?
Travelers with a DUI or other criminal record may need a special permit or legal waiver to enter Canada. Consulting an experienced immigration lawyer can help you determine your eligibility and guide you through the application process.

Do I need to use ArriveCAN for short visits to Canada?
Yes, most travelers are required to submit their information through ArriveCAN before arrival, even for short visits. This digital form helps streamline border entry and ensures compliance with Canadian regulations.

How can a border attorney in Buffalo, NY, help me?
A border attorney can assess your unique situation, including visa eligibility and any inadmissibility issues. They provide guidance on documentation, applications, and legal waivers to help ensure smooth entry for U.S. citizen visitors.

Are there special considerations for frequent travelers between Buffalo, NY, and Canada?
Yes. Frequent travelers may face stricter scrutiny, especially if they have prior legal issues or complex documentation needs. Professional guidance can help reduce delays and ensure U.S. citizen visitors’ Canada border entry remains compliant and hassle-free.