Criminal charges and their influence on travelling

Question: I have a drug possession charge in another country does that mean I cant travel to the united states anymore?

 

Answer: If you have an outstanding criminal charge in any country, you might be prohibited by the US immigration with the entry. I would recommend you to obtain a Clearance Certificate and/or Court Report from the country where you were charged and approach a US Consulate for their permission before you travel.

If someone is in jail and in meanwhile his permanent resident card expires, does it mean that they deport him? The police charged my husband and he has to spend years in prison but he is not a citizen.

Answer: No, the expiry of your husband’s permanent resident card (PR) will not trigger his deportation. PR card is given to permanent residents in Canada for the purpose of using it when they travel outside of the country. If they stay in Canada (even though in detention) they do not lose status. Having said that, your husband might lose his permanent resident status (and his card is of no relevance at that point), if he is convicted of a serious crime.

Work Permit of Spouses or Common-Law Partners for those who are holders of post-graduate work permits

Question: I am an international student in Canada. I am done with my studies and now on work permit for 3 years. Can I marry to a guy in India and bring him here.

 

Answer: Your husband can apply for an open work permit and join you in Canada for the period of validity of your post-graduate work permit. Your husband applying for the C41 exemption, will need to attach a copy of your work permit to his application for an open work permit. Your husband will also need to provide information about your employment by attaching supporting documents including:

  • a letter from your current employer confirming employment or a copy of your employment offer or contract; and
  • a copy of one of your payslips.
I am a refugee claimant who lost a claim in Canada. I married a Canadian and was removed from Canada shortly after. Now, my Sponsor applied to get me into Canada as spouse. Should I worry that my past refugee claim will negatively impact my application for a permanent residence in Canada under family class category, spousal application?

Answer:   Rejected refugee claim, in a case when they marry a Canadian, will impact in a sponsorship application only in a way of raising doubts about genuineness of the marriage because a refugee claimant, by making a claim in Canada, expressed their desire to settle in Canada permanently.

Other than that, there are no issues in connection to a refugee claim. You are outside of Canada and your application for a permanent residence will go the same way as anybody else’s. If you were removed from Canada, you might need a Minister’s Permit to return, but our officials in foreign consulates will take care of it advising you on conditions to return, after your main application is finalized successfully.

As any other case of a sponsorship, it has to be proven that the marriage is genuine and entered for the purpose of re-uniting with a Canadian spouse. So, the fact of a past refugee claim in Canada by itself is not a great concern for genuine spouses, however it is their burden to prove the marriage is bona fide (real).

 

Giving rights to children to immigrate with my spouse.

Question:      Hi, I’m from a foreign country. My husband applied for immigration to Canada for himself. When he was approved, he asked me to sign documents for our daughter to leave with him while he promised to apply for me join the family there. I did sign the papers for her to travel and immigrate with him. He never kept his promise of family reunion. He called me few months later to tell me to move on with my life and file to get a divorce because he would bring me or want to live with me anymore. I just want my daughter in my life and now he does not call for me to talk to her and would not bring her back to me. The last time I spoke to her, she said her father had a job, and he leaves her at home by herself while he goes to work, she is only 7 years old now. I’m missing my daughter and facing a husband who is kicking me out of the house (his parents house where he told me to stay when he left to Canada). I’m worried about my daughter staying long hours by herself and I’m not able to join her and live with her or have her back with me. I have no one to help me, and don’t know what to do. Please help me, advice me, I’m without my daughter and about to be homeless. No one in my country can help me get my daughter back. Thank you very much

 

Answer:       The situation is not simple since you voluntarily gave up your rights for your daughter by signing your consent for her to immigrate permanently in Canada.
However, you are a mother of your daughter and certainly have rights to participate in her life.
One option for you is to apply for a permanent residence in Canada based on Humanitarian and Compassionate considerations. You can do it if you travel to Canada on a temporary visa or from your country through Canadian consulate or embassy in your country.
You can try to hire a Canadian family lawyer or a family lawyer in your country for the purpose of taking custody back for your daughter and your claim would be based on the fact that your husband deceived you when obtained that consent for your daughter’s immigration. The international law is very strict and does not allow to “kidnap” children.

Ourstanding immigration violations in the USA and impact on Canadian immigration

Question: Hello, I need to know if I qualify to immigrate to Canada under any Federal or Provincial program or I am not admissible at all! Given the facts below: Facts: I studied in the US under a student visa and overstayed my visa. Left US on my own (no notice of overstay or removal or deportation). Have a CPA and MBA and bunch or professional experience in my fields. I have been outside the US for over 7 years now and wish to immigrate to Canada if possible. No record in the US, go my FBI record last month. Questions: Does my US experience effects CIC? If not, what is my best option? Thank you.
Our answer: It seems that you don’t have any criminal record with the USA authorities thus is not inadmissible class in Canada. Having immigration issues of overstay in the USA could probably negatively affect your application to immigration to the USA, but it is irrelevant to your immigration matters in Canada.
With respect to what program is most suitable for you, provincial nominee of federal will depend on many factors relating to your personal circumstances (education, experience, etc.). Our provinces have their own unique programs for immigrants and they have rights on their own to decide on suitable candidates, whereas federal program is pretty much straightforward; yet, as of now, federal program targets those potentials who will most likely succeed in our employment market.

Entering Canada with an Expired PR

Q:
My parents became Permanent Residents (PR) of Canada in 2009, but failed to complete their residency obligation of staying in Canada for 2 years out of 5. Their PR expired on Feb, 2014. Being the only care provider for my ailing grandmother, my parents had to go back to India to take care of her during her illness. In 2013, when my parents wanted to permanently move to Canada, they had a set back because my father suffered from a severe heart attack. The recovery was long, forbidding them from coming to Canada. However, they are still very interested in maintaining their PR status as the kids are here in Canada. My question is: 1. Will they be allowed to enter into Canada on an expired PR card if they are flying in?2. Can they apply for PR renewal without completing the residency obligation on compassionate grounds?3. If they entered Canada with an expired PR and get an eviction notice from the immigration, how does it effect their chances of getting future visitor visas?Thank you for your kindness and help with my situation.
A:
1. No, they will not. They have to apply for a Travel Document in the Canadian Consulate in India (or country responsible for Indian nationals).
2. If they are allowed to enter Canada on Travel Documents, they will be able to apply for PR card however, it is expected that they could be refused as immigration officers don’t have wide discretion to decide on humanitarian and compassionate considerations basis.
3. If they come to Canada on expired status, they could be refused an entry.My advice is to apply for a Travel Document and, if refused, file for the appeal. I can represent your parents at the Immigration Appeal Division as their counsel. I have more than 16 years of experience in dealing with cases like you described. Call my office to schedule a consultation and possible representation.

Overstay in USA Want to Immigrate Canada

Q:
hi, i came to USA with j-1 visa in 2012. Last April i applied for student visa to change my status j-1 to f-1 which got denied in August. And I kept stay in USA until November. In November ice caught me because of my overstay.Now i am in removal proceeding.Since i couldn’t get my student visa in USA. i wanted to do my master degree in Canada. but as i researched its really hard to get student visa from Canada since i overstayed here in USA. so in this situation i might consider to immigrate Canada and then after a while i may apply for school over there. i would like to learn to what would be my options? Can i applied for skilled worker or anything else? If so what should I do? By the way I graduated from university and my major is Media and Communication. waiting for your answers. Thank you!
A:
You are recommended to retain us for the assessing your chances to immigrate to Canada as we need your detailed information and supporting documents related to your education, experience and other factors. Please call our office at 416-835-6989 or email at karblaw@rogers.com

Q: I’ve been married for 4 years and my husband sponsored me. However for the past year our relationship hasn’t really worked and we both decided that divorce would be the best option. We have no kids together. Also I received my permanent resident status about a year and a half ago, we were wondering if divorce would affect my status in Canada?

A:  If your application for a permanent residence in Canada was received on October 25, 2012 or after that date, you may be a subject to a period of conditional permanent residence meaning that, if you cohabited with your husband for less than 2 years since you were granted a permanent residence status (landed in Canada), you are in a breach of conditions and your PR status may be revoked. If your application was submitted and received before the new rules came into force, then your divorce will not negatively affect your status.

Permanent Residents who left Canada and want to return back with the expired PR card

Q: Sir, I am Syed Hashmat Ali, I was registered from Dubai for Canada immigration. I got Canada PR in 2009 . After staying for a month , getting my PR card, SIN card, learners driving license I did not go back to Canada. Now my PR card expired in April 2014. I did not met the residency obligations. I want to go to Canada now, considering my case please advise what need to be done for allowing me entry into Canada. I am now in India ( Hyderabad) , please advise with your vast expertise in these cases. Thank you Regards, Syed

 

A: The only way is to apply for a Travel Document for returning to Canada at the Canadian consulate or embassy in your country. I believe it is in Bombay. If you are refused then you will be having rights to appeal the negative decision to the Immigration Appeal Division in Canada (it is recommended only if you have humanitarian and compassionate grounds.
You may wish to come to Canada as a visitor, but you have to apply for a Travel Document first as formally you have not lost your PR status yet.