please help(POE) |
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sammy12
Junior Member Joined: 01 Apr 2010 Status: Offline Points: 24 |
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Posted: 01 Apr 2010 at 7:26am |
I have a very complicated situation I a PR of Canada when I applied for the immigration I did not declare that I have a daughter who is a US citizen I do have her legal custody but she live with my mom she is 5 year old and i want to bring her to canada with me for a few months will they let her enter canada on her us passport will it be a problem for me at POE as I have not declared her in my application.
Please reply soon
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pzb
Junior Member Joined: 26 Jan 2010 Status: Offline Points: 41 |
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US Citizens are somewhat a special case when dealing with Canadian immigration. They are effectively exempt from many of the rules (need for a PR card for travel, for example). In your case, your daughter can visit you for up to 180 days without needing explicit pre-approval from CIC. However, she will still need to satisfy the Border Services Officer (BSO) that she will leave before her time runs out and that she has permission to travel from her legal custodian. I would expect to be referred to Immigration secondary, and have all the documents they might want ready. This might include a letter from her legal guardian giving her permission to travel and be in your care, a certified copy of the court order awarding sole physical and legal custody to the custodian, a copy of her return travel information (if arriving by other than private vehicle), and a letter from yourself stating that you will be responsible for her needs. Be sure to read http://www.canadainternational.gc.ca/washington/imm/travel_children-voyagement_enfants.aspx?lang=eng which covers the full documentation requirements. You might also try calling a Port of Entry, during a quiet time, and see if they can provide any advice. I have found that most BSOs are more than happy to answer questions if they are not busy and do not normally ask for identification or enter any record of the question being asked. Edited by pzb - 01 Apr 2010 at 7:57am |
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sammy12
Junior Member Joined: 01 Apr 2010 Status: Offline Points: 24 |
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thanks for ur reply please can u provide me with a number for POE or where I can find it.
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pzb
Junior Member Joined: 26 Jan 2010 Status: Offline Points: 41 |
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Border Information Services is your best first contact. http://www.cbsa.gc.ca/contact/bis-sif-eng.html |
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pmm
Top Member Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
1. You do have a problem. 2. You misrepresented yourself on your application by failing to declare your daughter. 3. So she wasn't "examined" an is no longer a member of the family class and you were be unable to sponsor her as an immigrant. |
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PMM
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pzb
Junior Member Joined: 26 Jan 2010 Status: Offline Points: 41 |
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PMM, Is there any reason that would not admit the daughter for a temporary visit based on the failure to include her on the PR application? Clearly the validity of the PR status for the parent is in jeopardy for misrepresentation, and she is ineligible for sponsorship, but I was under the impression that it would not be an issue for the daughter trying to visit. Thanks, Peter |
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sammy12
Junior Member Joined: 01 Apr 2010 Status: Offline Points: 24 |
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so do u think i should bring her along or not I do hav her return ticket. or do u think I should
not take the risk and let her travel with her grandmother
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pzb
Junior Member Joined: 26 Jan 2010 Status: Offline Points: 41 |
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Sammy, I misread your initial post, and do apologize. I thought you said you do not have legal custody of your daughter and also responded with regards to her ability to enter Canada. PMM is obviously correct that you are at risk of a finding of misrepresentation and you deemed inadmissible for a period of two years. (See 40(1)(a) if the IRPA) Unfortunately the IRPA is not very forgiving in the area of misrepresentation. It is possible that your daughter could get referred for secondary inspection (with or without your presence). At secondary, the officer ask for information on she is visiting, pull up FOSS to confirm the information, and discover that you did not declare your daughter, resulting in a report of possible misrepresentation. The fact that you (as her legal guardian) will need to sign the letter giving her permission to travel may make this more likely. Sorry for not focusing on this in my first response. Thanks, Peter |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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As pmm states, you do have a problem.
Your child is not restricted or prohibited relative to visiting. Usual issues apply, mostly surrounding permission from legal custodian and anyone else with parental rights. Of course you are forever prohibited from sponsoring the child. More than that, however, if she was not examined because you simply did not disclose her at all in your application, your own PR status is in jeopardy for having made a material (very material) misrepresentation (by omission) in your application (in multiple forms no less). The underlying circumstances in such situations are often of a sort for which CIC will be sensitive and to some extent lenient toward, that is lenient relative to the potential removal proceedings you might face for inadmissibility due to misrepresentation, not toward allowing sponsorship (they tend, so far as I can see from various reports, to be very firm about the sponsoring prohibition absent extremely compelling circumstances). I have no idea what the underlying circumstances were. There usually are H&C recognized circumstances in such cases (that is, there is usually a faily compelling reason why the child was not disclosed). I'd suggest talking to a lawyer and trying to straighten this out sooner rather than later . . . if you come forward, the prospects of leniency are significantly greater than if you referred to secondary at the border and a CBSA officer recognizes the discrepancy and refers your case for removal proceedings. But I would not come running forward without a lawyer, or at least not without consulting with a lawyer. Of course you could simply have the child accompany the grandmother on visits and if no one reports you, it is not as if CIC will go looking for this. Caveat: if the failure to disclose the child in your original PR application could have been an indication of a relationship with someone that would have been material to your own eligibility for PR, the misrepresentation is an even bigger problem. I tend to doubt this applies to your situation, but it is something to be aware of if it in any way might apply. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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