Need some advice! Removal order in process and Sponsorship in process

[Ceil]

Hello,

Quick history-
My husband claimed refugee status in may 2018. We met and was married in May 2019. He had his hearing June 2019 and he was refused refugee status. We immediately filed for Sponsorship after consulting with a lawyer. In the meantime, we filed for an appeal to the RAD just to buy some time.
We paid a lot of money for the RAD appeal and then the Spousal Sponsorhip with H&C considerations as he had a minor offence which makes him inadmissable.

We received notice from CBSA that we had to meet in December. When we met the officer, we told him we had an application in process. He granted the 60day spousal deferral and we met with him again on Feb 17. In the meantime, we were sent the letter that I am eligable to sponsor. My lawyer told me that was 'stage 1' approval- Which apparantly is not the case.

In Feb, the agent has told us my husband needs to purchase a ticket for the last week of march and fly back to his country of origin. He said that if we receive the true 'step 1' before then, he will not have to leave.

My lawyer does not do appeals. i met with another lawyer and we would have to submit a deferral and then an appeal at the federal court which would be around $8000....weve already spent over $12,000.

Not sure if it's best that we comply with the removal and restart the process for out of canada application, if he should go underground or if we should file with the federal court. Any insight would be appreciated!

Ive also been to see my MP today who said they will call the minister and request that the step 1 decision be expediated. Can that even happen?

 

[k.h.p.]

The MP can certainly make that request, but criminal inadmissibility can be hard to overcome, especially with a failed refugee claim.

I hope you get some sort of something helpful soon.

 

[canuck78]

Given all the red flags you have it would be very hard for an MP to ask for any expedited processing. You met and got married extremely quickly right before an asylum hearing which I assume your husband knew his chances weren’t great at receiving protected person status. He also seems to have a criminal past that may make him inadmissible. Did your husband use a legal aid lawyer for his asylum hearing? If so, the tax payers also paid a lot of money. Going underground will make things a lot worse for both you and him and will make becoming legal even more difficult.

 

[Ceil]

So to clarify, we expected the asylum hearing to still be about another year or so. We had set the date and planned everything well before we even received the notice that there was a hearing. Please don't make assumptions. We were together almost a year and was married. Also, no, there were no tax payers monies wasted as we have not used any legal aid. We did not have representation at the hearing because we both were not 100% what it was. I honestly thought it was just to check in and see how a person is doing, are they managing, are they working etc.

we have a strong application. we have a strong marriage and relationship. we are a middle aged couple who have made our mistakes in the past and have grown. I don't doubt that he will get his PR.

My inquiry here is basically seeking some guidance from everyday people about their personal experience if they have been in this situation. I have 3 kids who have grown to love this person, my husband. I've paid so much money in lawyers, I just want to know are the appeals worth it? is it better to wait in his home country? Just not sure if I should invest another $5000 for a federal appeal for stay of removal or is an outland application less stressful and successful?

 

[canuck78]

So to clarify, we expected the asylum hearing to still be about another year or so. We had set the date and planned everything well before we even received the notice that there was a hearing. Please don't make assumptions. We were together almost a year and was married. Also, no, there were no tax payers monies wasted as we have not used any legal aid. We did not have representation at the hearing because we both were not 100% what it was. I honestly thought it was just to check in and see how a person is doing, are they managing, are they working etc.

we have a strong application. we have a strong marriage and relationship. we are a middle aged couple who have made our mistakes in the past and have grown. I don't doubt that he will get his PR.

My inquiry here is basically seeking some guidance from everyday people about their personal experience if they have been in this situation. I have 3 kids who have grown to love this person, my husband. I've paid so much money in lawyers, I just want to know are the appeals worth it? is it better to wait in his home country? Just not sure if I should invest another $5000 for a federal appeal for stay of removal or is an outland application less stressful and successful?

You were the one who said we met and got married in May 2019. I can only go by what you said.

It really comes down to why he is criminally inadmissible. Being able to overcome being criminally inadmissible will be difficult in Canada even if it was a minor charge a long time ago. Also whether there is any chance of him actually winning an appeal. You said you applied for RAD to extend his ability to remain in Canada. Do your lawyers think he has a chance of winning the appeal?

 

[Johnson1200]

I feel your pain and I totally understand where you are coming from. People, you can advice and also have empathy. To be honest with you. The main issue is the inadmissibility. Firstly, going under ground is not an option. Secondly, you guys don’t have much of a choice here. If he is asked to leave, let him leave and you can apply Outland. If you have money to spend to buy time by going to federal court, there’s an option too. But that inadmissibilty Would make things really difficult. Inland or Outland, he would still need to overcome the inadmissibility.

 

[Ceil]

You were the one who said we met and got married in May 2019. I can only go by what you said.

It really comes down to why he is criminally inadmissible. Being able to overcome being criminally inadmissible will be difficult in Canada even if it was a minor charge a long time ago. Also whether there is any chance of him actually winning an appeal. You said you applied for RAD to extend his ability to remain in Canada. Do your lawyers think he has a chance of winning the appeal?

I probably should have put a comma between 'met' and 'got married'....they were 1 year apart.

We did file for RAD appeal to but some time to get the sponsorship application together. It was likely we wouldn't win that because his country of origin is safe.

The new lawyer has said there's an 80% change of winning a federal appeal. and only a 20% chance of the request for deferral, We are only asking for 6months to wait to see if IRCC will approve Stage 1 in that time.

Does anyone know the estimated process time for Spousal Sponsorhip with H&C considerations that was was receieved on Oct 16/19? The sponsorship eligibility was approved on Jan 8/20 and then it says that the PR application was starting to be processed on Jan 8/20 and then on jan 14/20 it was transferred to Etobicoke office.

 

[Ceil]

I feel your pain and I totally understand where you are coming from. People, you can advice and also have empathy. To be honest with you. The main issue is the inadmissibility. Firstly, going under ground is not an option. Secondly, you guys don’t have much of a choice here. If he is asked to leave, let him leave and you can apply Outland. If you have money to spend to buy time by going to federal court, there’s an option too. But that inadmissibilty Would make things really difficult. Inland or Outland, he would still need to overcome the inadmissibility.

It's so frustrating

 

[AutumnSkies]

What exactly makes him inadmissible? That will determine a lot for what will help you make the best choices moving forward. Is he actually inadmissible or are you just thinking he is?

 

[canuck78]

I probably should have put a comma between 'met' and 'got married'....they were 1 year apart.

We did file for RAD appeal to but some time to get the sponsorship application together. It was likely we wouldn't win that because his country of origin is safe.

The new lawyer has said there's an 80% change of winning a federal appeal. and only a 20% chance of the request for deferral, We are only asking for 6months to wait to see if IRCC will approve Stage 1 in that time.

Does anyone know the estimated process time for Spousal Sponsorhip with H&C considerations that was was receieved on Oct 16/19? The sponsorship eligibility was approved on Jan 8/20 and then it says that the PR application was starting to be processed on Jan 8/20 and then on jan 14/20 it was transferred to Etobicoke office.

The sponsorship eligibility is in reality a minor issue in your approval since you seem to qualify to sponsor your spouse. There are only a few things that would make you ineligible like being on social assistance. Is your husband not criminally admissible or is he? I don’t know how he can overcome this issue.

 

[Ceil]

What exactly makes him inadmissible? That will determine a lot for what will help you make the best choices moving forward. Is he actually inadmissible or are you just thinking he is?

He has a dui from the usa back in 2016. He paid all court fees and went to a treatment center for a rehabilitation and has a letter from the program manager. There was no accident or anyone injured. With that said, I realize and support that we as Canadians have a zero tolerance and by no means do i approve what happened back then before we met, but I do believe in rehabilitation and he has not stepped behind a wheel since.

 

[Ceil]

The sponsorship eligibility is in reality a minor issue in your approval since you seem to qualify to sponsor your spouse. There are only a few things that would make you ineligible like being on social assistance. Is your husband not criminally admissible or is he? I don’t know how he can overcome this issue.

he has a dui from 2016.

 

[canuck78]

He has a dui from the usa back in 2016. He paid all court fees and went to a treatment center for a rehabilitation and has a letter from the program manager. There was no accident or anyone injured. With that said, I realize and support that we as Canadians have a zero tolerance and by no means do i approve what happened back then before we met, but I do believe in rehabilitation and he has not stepped behind a wheel since.

The issue is that it is recent. Like others he will likely have to leave and apply for ARC once he qualifies. It doesn’t help that he entered Canada although he was from a “safe“ country and applied for asylum. Assume that he likely didn’t have status in the US or was on TRP.

 

[Ceil]

The issue is that it is recent. Like others he will likely have to leave and apply for ARC once he qualifies. It doesn’t help that he entered Canada although he was from a “safe“ country and applied for asylum. Assume that he likely didn’t have status in the US or was on TRP.

I don't want to post too much personal information about our situation. He left his country when he was 21 and yes, was in US without status for almost 2 decades. Came to canada because he has family here and he was threatened by the same person who was the reason he left his original country all those years ago. He took a leap of faith, and crossed the border in buffalo and they agreed his story was validated. The person at the refugee hearing didn't agree though.

 

[k.h.p.]

Unfortunately, the people at the border basically have no ability to say no, unless it's a clearly false claim of refugee status ("I'm claiming refugee status as a vegetarian because the US McDonald's has no vegetarian options"), and even then they may let you in until a credible cause hearing takes place.

The dangerous driving issue is serious.