Removal Proceedings in America

[ubfty]

Hi,
Just wondering if anyone one could offer some advice.
I am in removal proceedings in the United States, having lived here for 21 years.
My parents brought me to the States when I was under 15 years of age, and I've had to struggle since then.
I was granted a full scholarship/aid to a top 50 university in the states 9 years later, with a combination of aid money and personal savings, I graduated from one of the best business schools in the country.
Here's my case, I got married right before grad school to a girl I loved. Indeed we were in love. But she cheated on me and had a child with another man, while I was in school and my petition for adjustment of status was in process. There was very little documentation to prove our relationship, as we didn't have a lot of money.
My greencard was approved but the application to remove conditions was recently denied on account of "marriage fraud".

My current fiancée who I have been dating for the last three years, wants to bring me to Canada. I'm tired and want to settle down. Been struggling my entire life for something that was not my fault.

I have never committed in crime in the USA ever. Always paid taxes and have been more than a great contributor to my community.

Will the fact that I am now in removal proceedings in the USA prevent me from entering Canada, from where I can file for spousal sponsorship, or even express entry.

We are engaged and plan to be married.

Any help would be greatly appreciated.

Thank you!

 

[canuck_in_uk]

Hi,
Just wondering if anyone one could offer some advice.
I am in removal proceedings in the United States, having lived here for 21 years.
My parents brought me to the States when I was under 15 years of age, and I've had to struggle since then.
I was granted a full scholarship/aid to a top 50 university in the states 9 years later, with a combination of aid money and personal savings, I graduated from one of the best business schools in the country.
Here's my case, I got married right before grad school to a girl I loved. Indeed we were in love. But she cheated on me and had a child with another man, while I was in school and my petition for adjustment of status was in process. There was very little documentation to prove our relationship, as we didn't have a lot of money.
My greencard was approved but the application to remove conditions was recently denied on account of "marriage fraud".

My current fiancée who I have been dating for the last three years, wants to bring me to Canada. I'm tired and want to settle down. Been struggling my entire life for something that was not my fault.

I have never committed in crime in the USA ever. Always paid taxes and have been more than a great contributor to my community.

Will the fact that I am now in removal proceedings in the USA prevent me from entering Canada, from where I can file for spousal sponsorship, or even express entry.

We are engaged and plan to be married.

Any help would be greatly appreciated.

Thank you!

Hi

It would be helpful to know your fiancee's status in Canada.

There is no chance that you will be granted entry to Canada as a temporary resident (visitor, student, worker). If you are approved for PR, you will be able to enter.

 

[ubfty]

Thanks so much for replying.
My fiancée is a Canadian citizen.

 

[canuck_in_uk]

Thanks so much for replying.
My fiancée is a Canadian citizen.

You need to be either common-law or married for her to sponsor you. With solid relationship proofs, you should be fine; given your status in the US and removal, your app will likely face more scrutiny and you may be called for an interview. As I said, you will not be able to come to Canada before the PR app is approved, so make sure to plan with that in mind.

 

[scylla]

Agreed with the above. No chance you're going to be able to enter Canada on any sort of temporary visa (visitor, work, study). You're going to need to apply for PR from outside of Canada and won't be able to enter Canada until PR is approved.

 

[scylla]

Something you should also be aware of is that the marriage fraud finding unfortunately makes you inadmissible to the US. Even if you become a Canadian PR and eventually a citizen, this inadmissibility will remain in place. So re-entering the US in the future may not be possible.

 

[ubfty]

Thank you for all your replies. Very grateful.
I am ok with not being able to come to the USA. I just want some peace finally. Been a long hard road.
Typically, how long does it take to file and get a Canadian PR approved from outside Canada?

 

[scylla]

Thank you for all your replies. Very grateful.
I am ok with not being able to come to the USA. I just want some peace finally. Been a long hard road.
Typically, how long does it take to file and get a Canadian PR approved from outside Canada?

Through spousal sponsorship it typically takes around a year or possibly shorter. However realistically I would expect your case to take longer given your status in the US and your marriage situation in the US. I would expect CIC will want to examine your case more closely to ensure your relationship is genuine and you're not just entering into it as a means of gaining PR status in Canada. Sometimes an interview is required. If one is required for you, it will be held in your home country (rather than the US) and you will have to attend in person. Of course the complication there is that once you leave the US, you won't be able to return (the 10 year ban for illegal stay will trigger automatically). You would then have to wait out the remaining processing time of the application in your home country.

I do think you will want to put together a very strong application with strong evidence of your relationship given your immigration history and first marriage. This will be very important.

 

[scylla]

Adding to my note above.... The more I think about your situation the more I think spousal sponsorship is a second choice and may not be a smooth journey. Given your very long overstay in the US and the fact you're being removed for marriage fraud - I think you may have challenges proving your current relationship is genuine. I could easily see an interview being required (probably guaranteed) which will be held in your home country and force you to travel there. I think there's a risk your application could be refused and have to go into the appeal process, at which point you'll be stuck living in your home country for a year or two more while you wait out the process without the ability to travel to Canada or return to the US.

It sounds like you're working in a skilled profession. If so, I would check out the Express Entry / Federal Skilled Worker program to see if you qualify to apply through that stream. I think this would be a better option. No need to prove your relationship in that case.

 

[ubfty]

This has been so helpful.
Thank you for this. I was thinking the same thing.
I assume the skilled worker program will hitch free given my work experience and education. I just wonder if the proceedings for removal pose a threat to it. Please let me know your thoughts.
Thanks.

 

[scylla]

The removal doesn't pose a problem provided you are 100% honest in your PR application about your history in the US.

It's only a barrier for temporary visas (like work permits, visitor visas, study permits). It's not a barrier for immigration (unless there's a criminality issue).

 

[scylla]

Added - start by having your education officially assessed and taking the IELTS language test. These two activities need to be completed before you can submit a profile for consideration. I would also get your experience letters from your employers now while you know you are still in the US.

Join the EE section of the forum for detailed discussions about the program. You'll want to have an EE score of 430 plus to have a high chance of being selected.

 

[ubfty]

Hi guys (esp. Scylla),

You all were a God send to me a few months back, and happy to say that I received my ITA in January. I've gotten all my documentation together but have a question before I submit.

Where/how do I explain the fact that I am under removal proceedings in the USA?

I want to be completely open because I need this to work and don't want any hitches. I know there's a question on the statutory section of the application form that asks,

"Has ________ever committed, been arrested for, been charged with or convicted of any criminal offence in any country?"


I assume my removal proceeding is not a criminal offence in the USA, and I have never been convicted of a crime here.

Can anyone offer any advice with this. Will be really grateful!

 

[Sgh123]

Hi,
I was wondering what happened to you. I am in a similar situation.
Did you explain the charges? Or it was denied because of the removal proceeding and alleged fraud.

Thanks in advance

 

[ubfty]

Will let you know!