Please HELP!!!!!!

[screech339]

Submitting the application unfortunately won't give her implied / legal status in Canada. Her status will continue to be overstay / out of status. Implied status only works if you currently have status in Canada. Since the OP is out of status, she will remain out of status even once the application is submitted.

However having an inland application submitted can certainly work in your favour if CBSA has started looking into you. The one concern I would have is that she's submitting the application extremely late. Ideally the application would have been submitted several months ago and she would at least have a file number by now (i.e. before the call with CBSA). But at this point I think anything is worth a try...

I understand that the implied status won't work on those "out of status". However my question is this, will she be "back in status" once she gets her AIP stage? And only then can she apply for OWP. Granted being "out of status" for additional 11 months to reach 1st stage AIP is unnerving on OP.

 

[Ponga]

I understand that the implied status won't work on those "out of status". However my question is this, will she be "back in status" once she gets her AIP stage? And only then can she apply for OWP. Granted being "out of status" for additional 11 months to reach 1st stage AIP is unnerving on OP.

It appears that CIC is somewhat sympathetic to this...maybe:

From ip08 document (Appendix H) that outlines the `public policy' that allows those with `Lack of Status' to remain in Canada during sponsorship application processing:

F. ADMINISTRATIVE DEFERRAL OF REMOVAL
The Canada Border Services Agency has agreed to grant a temporary administrative deferral of removal to applicants who qualify under this public policy.


Individuals should keep copies of their application forms, fee remittances and mail receipt as applicable, as proof they have filed an application. Such proof in no way guarantees the grant of a deferral of removal (where relevant) however.


Where the deferral period applies, CIC will make best efforts to process spousal sponsorship cases to a step-one decision within 60-day period. (A step-one decision occurs after CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one.). After a positive step-one decision, the R233 stay will be invoked until such time as CIC makes a final decision on whether to grant permanent residence. More details on the regulatory stay are found below.


Regulatory Stay of Removal
The regulatory stay outlined in R233 will apply to cases considered under the public policy after a positive "step one" or "approval in principle" decision has been made under the regular procedures for the Spouse or Common-law Partner class.
This regulatory stay applies to removal orders if the Minister is of the opinion under subsection 25(1) of the Act that H&C or public policy considerations exist. For cases considered under the public policy, once a positive step one decision is made under the regular procedures for the class (i.e., CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one), an R233 stay will be invoked and will remain in place until a decision on whether to grant permanent residence is made.

 

[VioletBlue]

hope so :/....what a Mess I created ugh!!....but time to try and fix it.....hope not too late.....i HOPE!

 

[jomz]

I will repost this again. Please contact an immigration lawyer without any further delay. Likely, submitting the application alone will not be sufficient in your case. Based on what you have said before, your interview has been scheduled, it is at that ophone interview they will inform you of your rights, and that being a PRRA application. This application will assess if you are at risk if you are returned to your country. Please Violetblue, as great as this forum is, you need real help, someone who can be with you and represent you during this interview.


Before removing someone from Canada, immigration authorities are required to see if the person faces some risk in returning to their country. Accordingly, the foreign national is called in for a “pre-removal interview” where they are served with a notice informing them of their right to make a “pre-removal risk assessment” (PRRA) application. If they make such an application and are found to be at risk, they will be allowed to remain here and to apply for permanent resident's status. If such an application is not made, or is made but refused, the person is removed.

Subject to certain exceptions, if the sponsorship application is filed “inland” before the foreigner is called in for a pre-removal interview, by phone, letter or otherwise, the applicant will get to stay here until their sponsorship is finalized. If they submit their sponsorship application after the call-in notice is issued, they may be removed from Canada even though their sponsorship application is still pending.

Since i think you may have already been served with a PRRA notice and since you have not yet submitted your sponsorship paperwork, you may not benefit from an administrative deferral and can be sent home even if you send in your sponsorship application now.

I am not sure if the agent can grant a stay of deportation merely on emotional basis. I think your case is definately better off if handled by an experienced imm. lawyer.

 

[VioletBlue]

I pulled this OLD thread from 2 hears ago...I wanted to update you all on what happened with me ...Even tho my case was quite complicated...or at least it seemed that way back then...I am so Happy to report that I am now a Permanent Resident!!!! I had my Landing on March 15th!! My ordeal is Over! CBSA visit turned out to be a Blessing because it made me send the application...and 2 years later I can finaly have Normal life here with my family!! Words can't express how Happy I am!! Thank you all for your Help! I greatly Appreciated it back then and still do! There is always hope for those out of status. I wish I Never got in that situation but it happens sometimes. Thank ks again everyone!!

 

[Aquakitty]

I pulled this OLD thread from 2 hears ago...I wanted to update you all on what happened with me ...Even tho my case was quite complicated...or at least it seemed that way back then...I am so Happy to report that I am now a Permanent Resident!!!! I had my Landing on March 15th!! My ordeal is Over! CBSA visit turned out to be a Blessing because it made me send the application...and 2 years later I can finaly have Normal life here with my family!! Words can't express how Happy I am!! Thank you all for your Help! I greatly Appreciated it back then and still do! There is always hope for those out of status. I wish I Never got in that situation but it happens sometimes. Thank ks again everyone!!

Thanks for updating and informing us about your situation, I'm sure these posts will help someone else in the future. I can relate a bit of what it's like to put off dealing with the PR for years... we did the exact same thing and my husband was out of status for years and it would keep me awake at night stressing about what would happen, if he'd be deported, thrown in jail and so on.

For anyone in this situation remember worrying about what might happen is always worse than just dealing with it in the first place!

I'm so happy it worked out for you. ;D

 

[VioletBlue]

You are so Right! Worrying and playing scenarios in my head left me paralized with fear...I bad 2 babies and a husband...and all I could think was What if they make me Leave!? How can I leave my babies behind!? It was so scary!! But nothing like that ever happened....somehow once I Had to send the application it all started falling into place and 2 years later my dream came true...I still can't quite believe it's Over! And that we did it....so sureal. I hope this gives at least a bit of hope to people who are going through this same situation. I know I read all the posts I could about out of status cases and how it worked out for them and it gave me so much hope back then when getting a PR status seemed SOOOOO far and so unreachable...but step by step and it happened...

 

[Erdbeerchen]

that`s awesome VioletBlue thank`s for the update and big Congrats ! best wishes to you and your family !

 

[Marulara]

2 guys from Canada Border Service Agency were just here......they asked me questions...why I overstayed etc...They just left and I will have a phone interview in 2 weeks....has anyone had this before??? I am out of status(overstayed )....am married and have one daughter9pregnant w our 2nd)...

This was my WORST nightmare......I don't know what to do! Will they separate me from my family!?!??bn

do they Always deport people who overstayed and are out of status????

Hi VioletBlue, may I know how the cbsa knew you were out of status? I believe you haven't submitted your application when they came to you? I am in the same situation and also planning to submit sponsorship application. What i am afraid of is, when cic receives my application, they will come and knock on my door too.

 

[VioletBlue]

I am Not entirely sure how they knew...we took a trip by plane from BC to Ontario and I only had my Country's photo ID....so maybe that was a bit odd and so they checked my name because few days after we came back home...there they were at my door....it could have been just that I was out of status for so long they decided to make a trip from Vancouver to Okanagan...I don't really know....What I know is that in any case it's BETTER for you to submit your application Before they come to get you....it shows uouvare trying to Fix your situation and that's always a Plus. When I finaly submitted my application all they wanted to know how the process was going...I always let them know when CIC contacted me...when I got SA...AIP etc...they waited to see the outcome...they don't just catch you and throw you on the next plane....I also did prra Pre Removal Risk Assessment...whi CH they offer you at the time of issuing Exclusion order...that buys some time as they will also wait til see the outcome of that...so your best bet is to submit application...How long have you been out of status??

 

[Marulara]

I am Not entirely sure how they knew...we took a trip by plane from BC to Ontario and I only had my Country's photo ID....so maybe that was a bit odd and so they checked my name because few days after we came back home...there they were at my door....it could have been just that I was out of status for so long they decided to make a trip from Vancouver to Okanagan...I don't really know....What I know is that in any case it's BETTER for you to submit your application Before they come to get you....it shows uouvare trying to Fix your situation and that's always a Plus. When I finaly submitted my application all they wanted to know how the process was going...I always let them know when CIC contacted me...when I got SA...AIP etc...they waited to see the outcome...they don't just catch you and throw you on the next plane....I also did prra Pre Removal Risk Assessment...whi CH they offer you at the time of issuing Exclusion order...that buys some time as they will also wait til see the outcome of that...so your best bet is to submit application...How long have you been out of status??

Thanks for the reply, I've been out of status for more than 1 year now. And i'm on the process of completing my application and will submit it soon.

 

[canadianwoman]

Thanks for letting us know what happened! I'm happy that everything worked out.

 

[Missrebel801]

I pulled this OLD thread from 2 hears ago...I wanted to update you all on what happened with me ...Even tho my case was quite complicated...or at least it seemed that way back then...I am so Happy to report that I am now a Permanent Resident!!!! I had my Landing on March 15th!! My ordeal is Over! CBSA visit turned out to be a Blessing because it made me send the application...and 2 years later I can finaly have Normal life here with my family!! Words can't express how Happy I am!! Thank you all for your Help! I greatly Appreciated it back then and still do! There is always hope for those out of status. I wish I Never got in that situation but it happens sometimes. Thank ks again everyone!!

Hi there , my husband is now in the same situation u were., We had cbsa knock on our door. He wasnt home but they asked me to have him turn himself in the next morning.we did that and he was served an exclusion order. The agent was extremely nice and said that he was not going to submit the papers to toronto for the risk assessement for another month to give us time to get our application in. ( like u we were almost done, just waitingon police record to come in mail before this happened) . Now im worried. He said that they cant remove him until the risk assesment is done and that can take from 6 weeks up to a year. but he said if we get our app in fast, we could hear something back before that point. Now im scared cuz with us, we were given the exclusion order at the meeting. Were u given any kind of orders or had to do the risk assesment? we were also given forms that were dated almost a year ago that CBSA has reported to immigration that he was deemed inadmissible for overstaying. im hoping for the same outcome as u but would like to know if these orders were part of ur situation also

Congrats by the way., so happy it worked out for u

 

[canuck78]

Hi VioletBlue, may I know how the cbsa knew you were out of status? I believe you haven't submitted your application when they came to you? I am in the same situation and also planning to submit sponsorship application. What i am afraid of is, when cic receives my application, they will come and knock on my door too.

I know this is a couple years old but may have been reported based on 2 pregnancies and a birth in Canada. Not sure how you were getting health care and whether there were outstanding payments but somewhere along the way someone may have reported you.

 

[Missrebel801]

I know this is a couple years old but may have been reported based on 2 pregnancies and a birth in Canada. Not sure how you were getting health care and whether there were outstanding payments but somewhere along the way someone may have reported you.

We just had CBSA come to our door March 1. 2018. We had the meeting and was insued an exclusion order.Hubby is allowed to stay for now and we were told to get our app in ASAP. It was ready , we were just waiting on police certificates. Which is ironically how we got caught. Stupid me thought we needed Canada Police report so husband did his fingerprinting to be sent to RCMP. Well..they were compared with immigration prints and that was that. It was afterwards I noticed we didnt even need to do the canada check. The same thing would have happened eventually when CIC did it but atleast at that point the app would have been in a almost AIP if not already