Andy J. Semotiuk

New York, Toronto

Contributor at Forbes

US/Canadian immigration lawyer. Licensed in NY, CA, ON, and BC. Forbes contributor. Writer and public speaker. See website for more.

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Articles

Is The U.S. Still Safe? Canada Ponders Safe Third Country Agreement

1 week ago | forbes.com | Andy J. Semotiuk

When Canada signed the Safe Third Country Agreement (STCA) with the United States in 2004, it was widely viewed as a reasonable policy. The agreement, still in force today, requires refugee claimants to seek asylum in the first “safe” country they arrive in—typically the United States.
Birthright Citizenship: Is It Still Guaranteed By The Constitution?

3 weeks ago | forbes.com | Andy J. Semotiuk

Birthright citizenship—the principle that all individuals born on U.S. soil are granted American citizenship under the Fourteenth Amendment—was at the center of arguments heard by the Supreme Court recently. While many cases before the Court focus on technical legal questions, this one strikes at the core of American constitutional identity.
Marrying A Foreigner And Navigating U.S. Immigration Rules

3 weeks ago | forbes.com | Andy J. Semotiuk

Marrying a foreigner with the expectation that he or she will come to the U.S. seems like a natural next step in a loving relationship. However, if your plan involves bringing your fiancé(e) into the United States for the wedding—or remaining together afterwards—you may be surprised to discover that immigration law makes your plan far more complicated than you might have thought.
Constitutional Rights Of Undocumented Immigrants: Do They Have Any?

1 month ago | forbes.com | Andy J. Semotiuk

Over the weekend in an NBC interview, President Donald Trump indicated he was not sure of the constitutional rights of undocumented immigrants related to his efforts to deport them. Whatever rights they had, the president made it clear that he was given a mandate to deport them by the electorate and he intended to do that. In view of such comments, it may be helpful to clarify exactly what rights undocumented immigrants in the United States do have.
Using Token-Based Real Estate And E-2 Visas For U.S. Immigration

1 month ago | forbes.com | Andy J. Semotiuk

Token-based real estate and E-2 visas could pave the way for a new generation of global entrepreneurs and investors to immigrate to America. What Is Tokenized Real Estate? Tokenization of a real estate project is not a replacement for the LLC model but an enhancement. It modernizes access, liquidity, and management of real estate interests, which are particularly attractive to international investors and larger-scale projects looking to raise capital across jurisdictions.
A Constitutional Crisis May Arise From Trump’s Arrest Of Judge Dugan

1 month ago | forbes.com | Andy J. Semotiuk

When federal agents marched into a Milwaukee courtroom and later arrested Wisconsin Judge Hannah Dugan, they crossed not only a physical threshold but also a constitutional Rubicon heading straight for a constitutional crisis. In doing so, they sent a chilling message: that the executive branch of government now claims the power to punish judges who stand in the way of its political priorities. Judge Dugan’s alleged crime?
Getting U.S. Citizenship For Investor Immigrants: Gold Card Vs. EB-5

1 month ago | forbes.com | Andy J. Semotiuk

As Washington wrestles with immigration reform and debt reduction, Trump’s proposed Gold Card has caught the attention of global elites and America’s investor immigration community. The idea is that the Gold Card would offer a direct pathway to U.S. citizenship for vetted high-net-worth “world-class global citizens.” The special inducement is that investors would be relieved of U.S. taxation on their foreign income and no job creation would be required.
Is Canadian Immigration A Possible Refuge For U.S. Migrants On Parole?

1 month ago | forbes.com | Andy J. Semotiuk

As American immigration policies tighten, hundreds of thousands of migrants who once found shelter under humanitarian parole or Temporary Protected Status (TPS) now face a legal cliff. Whether fleeing war, persecution, or natural disasters—from Venezuela, Haiti, Sudan, Nicaragua, or Ukraine—many are running out of time and options.
280,000 Ukrainian Refugees To Be Deported By Trump Soon

1 month ago | forbes.com | Andy J. Semotiuk

The Trump campaign’s reported consideration of deporting nearly 280,000 Ukrainian refugees who were legally admitted to the United States under the Uniting for Ukraine (U4U) program is not just a humanitarian concern—it’s a potentially significant geopolitical error. These refugees, most of whom are women, children, the elderly, and persons with disabilities, fled an active war zone through a lawful program initiated by the U.S. government.
U.S. Immigration At A Boiling Point: Deportations, Legal Showdowns

1 month ago | forbes.com | Andy J. Semotiuk

U.S. immigration entered a new phase in the opening months of 2025— a phase marked by acute legal and political turbulence. Under President Donald Trump’s second-term immigration agenda, long-standing principles of administrative law, humanitarian protection, and judicial oversight are being vigorously challenged.