Keeping my residency status

Hell to All,

 I'm in a situation where I have no clue to do and seeking help. I became a PR in 2006, I was 13 years old back then and landed with my parents. However, due to difficulties of finding a job my parents decided to go home till they figure it out and they left my oldest brother (18 back then who was about to start university) and I returned with them. We used to come to Canada every other summer and spend couple of months since 2006, during which I was a student in my home country. Our PRC expire August this year, so may parents found a lawyer (one of those "I know how to foul the gov, I'll get you PR's") and they paid him to do the renewal forms, which he did and submitted. I do not what he filled in, my dad got a deportation order when he came to pick up his renewed card and I was requested for an interview to assess my residency mid July 2011.

 Some facts before I ask my question:

 - within the past five years, I have accumulated about 450 days, which is less than the minimum 730
 - I resided in Canada for good in August 15 2010 after I finished high school back home and since this date I have been living in Canada studying
 
I read some government documents, specifically, ENF 23 Loss of PR status, and I came across H&C factors to be considered during the interview. Now, since I was 13 years old when I landed with parents and then left Canada as a child under the care of my parents and when I became mature enough (and finished high school) I returned to Canada (even though I was 17 years old when I returned, FYI I became 18 on Dec 31 2010) on the earliest possible opportunity.

 My question is, is there a chance to maintain my residency if I argue that I was a minor when I left and then I came on the first earliest possibility? I realize that according to the new IRPA that does not excuse me from maintaining my residency obligation, but would it be a justifying reason for my absence.

 Any thoughts, comments, other possible insights would be really appreciated!!

You can try and plead your case. Ensure you have a good lawyer if you can afford and are willing to pay. Blame the crooked lawyer as well for wrong advice and misrepresentation.
Looks like the lawyer(is he even a lawyer? you sure its not some "consultant")?
Get a copy of your application/file from the case officers.

Sorry I got no idea about H&C for PR renewals. Good Luck

Thanks for your response!
Edmontonian: The only difference between my dad and me is he came to pickup his card and he was questioned by a boarded agent at the airport, which they consider a Point Of Entry POE, and the agent determined that he breached his residency obligation. In my case, I have been living in Canada for a year and I accumulated about 450 days (while my dad 200) and perhaps they take into consideration that I'm young and still have a chance.  Anyway, I'm afraid that I'm heading the same way, but in a different process since I live here. I'm really hoping that I could argue my case and be persuasive.

The fundamental mistake that your parents made (other than not meeting the residency obligation) was applying for a PR card renewal while not in compliance.  There is no obligation on the part of any PR to keep a currently valid PR card;  and the validity of PR status does not depend on whether one holds a PR card.

You should check with a reputable lawyer whether, for example, it is compulsory for you to attend the interview to which you had been invited.  If you are legally allowed to do so, it may be best to simply abandon the application for a new PR card for the time being.

Even though CIC "knows" that Alan92 is in breach of the residency obligation, it appears that to date there is no removal proceeding pending. So timbit_TO's suggestion is perhaps, even probably, the best course of action still available to Alan92.

The key is that unless and until a removal order is actually issued, his presence in Canada continues to count toward meeting the PR residency obligation, and more time in Canada helps in the H&C analysis even if he cannot stall long enough to be in full compliance.

Thus, even a delay (call to reschedule) of the July interview might help (but might not depending on who in particular is handling this at CIC and to what extent the process has momentum, to what extent they will push the process forward). Might be worth attempting to postpone/reschedule based on "I think I need a lawyer so I am trying to obtain counsel to assist me before I attend an interview." May or may not work. Even if counsel is not technically allowed for such an interview (I do not know either way), they should allow Alan92 time to consult with counsel before attending the interview. Worth a try.

As in, bottom line: try the suggestion offered by timbit_TO or try to postpone/reschedule, and, I suggest, seek advice from a real Canadian lawyer.

I would note, however, some concern about the deportation order against the father . . . a removal order is a form of deportation, but it does not become immediately enforceable against a PR and the right to appeal can stay the process for a significant amount of time (although that time will not count toward meeting the residency requirement. It sounds, however, as though there was some underlying misrepresentation involved and . . . well, I'd not only be speculating but wildly speculating to elaborate on this further, but, frankly, it sounds as if there may be something more serious than a mere breach of the residency obligation involved here. No way to discern if there is or to what extent if there is it has bearing on Alan92's own status, but this certainly sounds like a situation in which to obtain legal counsel as soon as possible, and borrow or beg if necessary to do so.