Hello! I have applied for my husband and it was denied. We have an appeal date set for December 2022. He was deported from the USA about 20 years ago and still isn't able to travel to the USA to this day. Could this prevent us from winning our appeal? We have been married from 2016. I lived with him in is country for about 2 years and then I returned to Canada in 2018. Due to the pandemic, we could not travel to see him and we haven't been to his county since 2020. We have 3 small children
*Denied - Now up for appeal in December 2022*
- Thread starter Dolly1982
- Start date
The fact he cannot travel to the US won't be reason for refusal. However the underlying reason for the US inadmissibility could certainly be a problem as it relates to the appeal (I assume it's a criminality issue).
Yes. He was charged and convicted (assault and drugs). He spent about 5 years in prison before being deported back to his home town. This was some 20 years ago though. We have 3 small children. Will they at least consider the children? If criminality is the issue, why even waste time allowing the appeal?
I can't answer that question. It will depend on a number of factors. Make sure you are working with a very good lawyer.
Note that he's most likely inadmissible to the US for life unless you happen to be American which would potentially enable a waiver.
So he's most likely never going to be able to return to the US. To the best of my knowledge the waiver is only available through an immediate US relative (spouse) and so not available to him since you're not American.
Good you are working with a lawyer. I can't comment on your chances of success.
Will partially depend on what his crime would be in the Canadian criminal code. This is a very specific situation and complex situation so your lawyer will have the best information and advice. You always have the option to live in his home country. Knowing he had a criminal record and had spent years in a U.S. prison and the repercussions of being a felon most have come up when dating or having before children. Did you meet online? You seem to have only lived in the same place from 2016-2018. Although I don’t think vacationing is a great idea due to Covid, you are able to travel and have been able to do so for quite a long time and travel to reunite with a spouse and to reunite a father with his young children is very different than travel for leisure reasons . If you are trying to sponsor a spouse it is quite important that you continue to meet in person throughout the process so you can show that the relationship continues and that your spouse is taking an active role in parenting. He may not have even met all the children in person?
Good morning. We met when I was vacationing in his home town in 2014 at which time he was able to travel to Canada because a Visa was not required. It was only after Visa was required he was not able to visit me here so i went to his country and then we got married 2 years later 2016. i was there for two years but I still travelled back to Canada. I am not vaccinated so I could not travel to reunite with him and he is not able to come here to me until he is sponsored. he has met all the children . The youngest child he only knew as a baby and he is now 3 as i visited his home town in 2019.
We have not seen each other since my visit in 2019 but his application was already in. In was denied but we appealed but we have no recent pictures, just conversation on whatsapp
I would very strongly recommend you do an in-person visit very soon while you wait for the appeal to move forward.
We are planning a trip for Christmas. The hearing is now in January. Can one visit help
Ideally you would have visited sooner and have done a few trips over the last year. But one is definitely better than none.
Ok. I haven't visited since 2019. Hopefully it doesn't seem strange. We will be there for a week.