Sponsorship with criminal inadmissibility |
Post Reply | Page <1 6789> |
Author | |
Ivan0110
New Member Joined: 03 Jun 2012 Status: Offline Points: 3 |
Post Options
Thanks(0)
|
Hi,
I was deported from Canada over common assault (bar fight) back in 2009 (probation finished Nov 2011) and I would appreciate any advice on what's the fastest and most reliable way to reunite with my family? I have two minor kids that are now with my wife. What are my chances of obtaining TRP while my spousal PR application is still in process? How does it work? Do I also need ARC and at what point do I request ARC? I'm not sure in what order do I submit these applications? Please advise.
|
|
dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
Post Options
Thanks(0)
|
Ivan0110: A lawyer could better respond. What is likely to succeed, and how to get there, is not too complicated but complicated enough that a lawyer's help is best for this.
I believe there are other aspects of your history and circumstances which are important as well, and it would be better to review these with a licensed solicitor, in a confidential setting. |
|
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 |
|
Nervereck
New Member Joined: 07 Jun 2012 Status: Offline Points: 3 |
Post Options
Thanks(0)
|
Hi Everyone,
This forum has been very interesting but I am still in the dark regarding DUIs. I am Canadian, married to an American for now 1 1/2 year and we have a 9 month old baby. We all live in the States. I am not a good candidate for a green card due to misrep and two denied entrance in the States (or it would cost LOTS of money to try). So I made the decision of overstaying my "visitor's" time and we filled for immigration in Dec-11. My husband got arrested for a DWAI (Driving while alcohol impaired) in Aug-10 and we did send the rehab form and all the court documents. I got approved as his sponsor in Feb-12 and now my husband is being ask to Seattle for an interview in Aug-12. He is being asked to bring his passport and our daughter's birth certificate (she is now a dual citizen). According to this thread of info, he should have been refused altogether. So why are they asking us to come for the interview? It sounds like they are concern more with the bb's credential than his DUI. Any comment on this situation?
|
|
mpottier
Junior Member Joined: 23 Jan 2011 Location: USA/UK Status: Offline Points: 31 |
Post Options
Thanks(0)
|
If I understand you correctly, your husband is applying for PR for Canada. While they usually deny it outright if the infraction took place within the last 5 years, they will ask for interviews if their is some confusion or clarification needed on the status of your realationship, or the status of a child. I am not totally 100% sure though. In our case we had no interview for my American spouse coming to Canada, because they had no problem with our realationship status, it was the infraction that caused the problem. However, in order for the TRP to be issued they need to be sure your realationship is genuine etc etc, just as they would a PR. This is only my opinion.
|
|
Nervereck
New Member Joined: 07 Jun 2012 Status: Offline Points: 3 |
Post Options
Thanks(0)
|
I am the Canadian sponsor and my husband is american and applying for PR. Our baby was born 2 months before we sent the application, so we didn't have much documents for her than. But in the mean time she got her certificate of Canadian citizenship and her American passport.
So we should just expect a big refusal for PR after our trip to Seattle? When do we file for a TRP? Can you work with that type of permit?
|
|
mpottier
Junior Member Joined: 23 Jan 2011 Location: USA/UK Status: Offline Points: 31 |
Post Options
Thanks(0)
|
I don't know if you should expect a refusal, but it is good to prepare for the worst. We applied for our TRP after I was approved to sponsor my American spouse. Therefore I would do it now and quote your file number from your PR application , so they know why you are applying for a TRP. If your PR is rejected, they will process your TRP, and will maybe grant it a month or so after your PR rejection ( this time varies). Under a TRP that is issued for longer than six months you can apply for an open work permit when your husband arrives in canada, this usually only takes a few weeks and is pretty routine. He can also get a study permit if he wishes to study for longer than six months at a canadian university/college if he is granted a TRP. Usually for spouses in your,situation they will grant it for longer tha six months. In the case of my spouse they gave her a 3 year TRP, and her situation sounds similar to yours minus the child.
|
|
Jsurf0826
Junior Member Joined: 26 May 2012 Status: Offline Points: 14 |
Post Options
Thanks(0)
|
Hi all, just a little update. I still have not recieved my TRP from the new York consulate so I am going to take my chances at the border next week. I have a round trip flight into the Toronto islands airport Friday and leaving Sunday. I will bring my letter from the Consulate stating tey are processing my TRP as well as an affidavit from y girlfriend explaining how important it is for me to attend her family reunion (that is why I am going) I also will bring a copy of the court documents that I submitted to the consulate as well as my business card to prove I am employed. I am hoping that since I have all of this and my TRP has currently been processing for over 4 months they will give me the TRP just for the weekend. Any thoughts? Thanks!
|
|
computergeek
Senior Member Joined: 07 Jan 2012 Location: Vancouver BC Status: Offline Points: 573 |
Post Options
Thanks(0)
|
Have you obtained GCMS notes on your TRP application? If so, bring those as well. If not, it's too late to do so (and the border officer can pull them up with the AOR letter from NYC if she/he wants.)
Don't forget to take the completed TRP application along with you (and the $200 application fee). I'd probably also bring along a copy of OP 20 ("Temporary Resident Permits") and make sure you know WHY you are eligible based upon those rules. It sounds like you've got a reasonable chance at being successful. Good luck! |
|
FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
|
|
Jsurf0826
Junior Member Joined: 26 May 2012 Status: Offline Points: 14 |
Post Options
Thanks(0)
|
I already paid $200 to the consulate, so I am going to bring y receipt from the consulate as well as the paper the consulate sent me stating that my application is being processed. Should I bring another application?
|
|
computergeek
Senior Member Joined: 07 Jan 2012 Location: Vancouver BC Status: Offline Points: 573 |
Post Options
Thanks(0)
|
Yes, you need to think of the POE application as a SEPARATE application - the POE officer won't have access to the file you submitted to the visa office. You can certainly show them your receipt, but be prepared to pay the fee again (in which case you can ask for a refund from the visa office).
In other words, be prepared to submit a complete application at the border. Have copies of everything you might require. You might get away with less, but if you COUNT on getting away with less you may not have enough to make them happy. |
|
FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
|
|
Post Reply | Page <1 6789> |
Tweet |
Forum Jump | Forum Permissions You cannot post new topics in this forum You cannot reply to topics in this forum You cannot delete your posts in this forum You cannot edit your posts in this forum You cannot create polls in this forum You cannot vote in polls in this forum |