Deported from USA
- Thread starter albanian09
- Start date
Hello house, please I will like to ask if a study visa refusal from both Canada and US affect my PR application,though for Canada the major reason for refusal is due to insufficient fund which was as a result of dollar fluctuation as at that time and for US it was due to no tie as usual but I have previously been to US on a tourist visa and also granted a renewal for the tourist visa few months after the study visa rejection. I just want to know if my history of rejection will pose a threat on my application. Thank you
Hi all, this is a very interesting, important, and touchy subject. Would like to shed some light.
I find there is some confusion about the real problem here. It's not about the deportation itself, because there are many basic reasons, like an overstay, for which someone can be deported, and that's not really a problem in itself. Deportation in itself will not trigger systematic rejection, although it will definitely trigger more scrutiny. What's really important, is the "why", and that's what the VO will consider to make a decision.
The real problem is this: A crime was committed, person went to court, charged, and a conviction was given.
In the case of a felony/crime which isn't automatically considered as grounds for automatic inadmissibility by Canada (like murder, or theft), it will be at the discretion of the visa officer to determine whether you pose a threat to Canada based on police/court reports. Discretion will be given depending on the specific circumstances detailed in the police/court records.
Things get worse in this case, as the case went to trial, where a judge gave a verdict. That's a conviction, which will inevitably show is anyone's criminal/police reports. Also, note that US and Canada do share immigration databases since 9/11, and will show that the person has been deported due to immigration document/records fraud.
****Conclusion****
The deportation in itself may not trigger automatic rejection, but will trigger scrutiny, to get more details.
In this scrutiny, they will see that the deportation was the result of a crime. And that's where the problem lies. It wasn't just an overstay or simple violation of visa terms like a lot here seem to focus on.
Consideration and discretion will be given depending on exact circumstances, depending on what's on the police/court records.
Definitely tick "yes" for the deportation question in personal history in Post-ITA questionnaire, and prepare a good explanation.
I find there is some confusion about the real problem here. It's not about the deportation itself, because there are many basic reasons, like an overstay, for which someone can be deported, and that's not really a problem in itself. Deportation in itself will not trigger systematic rejection, although it will definitely trigger more scrutiny. What's really important, is the "why", and that's what the VO will consider to make a decision.
The real problem is this: A crime was committed, person went to court, charged, and a conviction was given.
In the case of a felony/crime which isn't automatically considered as grounds for automatic inadmissibility by Canada (like murder, or theft), it will be at the discretion of the visa officer to determine whether you pose a threat to Canada based on police/court reports. Discretion will be given depending on the specific circumstances detailed in the police/court records.
Things get worse in this case, as the case went to trial, where a judge gave a verdict. That's a conviction, which will inevitably show is anyone's criminal/police reports. Also, note that US and Canada do share immigration databases since 9/11, and will show that the person has been deported due to immigration document/records fraud.
****Conclusion****
The deportation in itself may not trigger automatic rejection, but will trigger scrutiny, to get more details.
In this scrutiny, they will see that the deportation was the result of a crime. And that's where the problem lies. It wasn't just an overstay or simple violation of visa terms like a lot here seem to focus on.
Consideration and discretion will be given depending on exact circumstances, depending on what's on the police/court records.
Definitely tick "yes" for the deportation question in personal history in Post-ITA questionnaire, and prepare a good explanation.
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With regards to criminal inadmissibility, there are no discretionary or grey areas as you might think. No account is taken for what the degree of the offense is or what the circumstances have been. It's like either black or white, in or out, and it is actually quite easy to predict. The assessment does not evaluate whether one poses a threat to Canadians and in fact one can be deemed inadmissible for non-violent offenses such as gambling, fraud, tax evasion, child support ...etc.
Yes, of course. Agreed.
My approach was more towards being against the idea of "deportation=Inadmissible as PR".
It's the crime itself that matters, not the act of deportation. So, it will basically depend whether he/she was convicted of the crime of fraud or forgery or not, not simply deported because he violated his immigration status.
Guys were saying, "don't worry deporation won't hurt your application"...
Criminal matters are covered under having been arrested, charged ..etc regardless. Even if there was a criminal element involved for a person who was denied entry to some country (for example, possessing a weapon) that person is still admissible because no charge was laid. This even applies if that country was Canada. There really is no useful information arising from border denials or deportations when it comes to making a decision.
To break things for you, when it comes to PR the questions related to having been deported, denied entry, rejected visa ..etc are actually redundant and cannot affect the outcome of the PR application. They serve no purpose other than to setup misrepresentation traps for likely immigrants.
Well yeah that's what I said.
If you read what I wrote, you'll see that I do know that deportation doesn't mean inadmissible. It's about whether or not the criminal charges were laid as you say.