Hello, hopefully you guys are having a good day, i just had some questions, im a syrian citizen who's in america as a green card holder since august 2012, i made a stupid mistake which ended up in a theft misdemeanor in januray 2017 when i turned 18 ( im born 08/01/1998 )which ended up in court supervision which under illinois law is “Court Supervision” simply means that the court withholds judgment against you ( does NOT enter a conviction) as along as you comply with the terms of your sentence. ... Basically, court supervision requires an individual to plead guilty to an offense (Criminal or traffic), but they are not Convicted. and im in the process of expungement since it was my only crime and i havent done anything so in less than 2 months it will be erased from my criminal record. i went to canada after couple months and the border didnt say anything about it but when i tried entering in 2019 they didnt let me in because of the misdeameanor and told me that i was indamissible so me having no one is usa and all my family in canada i had nothing for and couldnt go back because i was going to be homeless so i told them i want to apply for refugee not knowing theres humanitarion option, they ended up letting me in because i had strong family ties in canada and knew that i had nothing in usa. i didnt use a lawyer because i asked free lawyers and they told me that the case is already denied because of third world agreement. so in november 6 2019 i had my claim heard by immigration and refugee board judge and my case was denied and i asked the judge what happens after she told me to wait for mail, and i did wait for mail then after couple months on february the immigration sent me mail telling me i had a hearing with them and they told me that my departure order turned into deportation and i told them about the judge and the mail but they said its already too late and cant do anything to change it so we talked about the date that i was going to leave canada which i ended up leaving from the rainbow bridge ( niagara falls ) and the immigration officer gave me a IMM0056 certificate of departure paper and it said ( cause for removal 41(a);20(1)(a) criminality(no) danger opinion(no) removal under escort (no) cause for removal ( deprature order turned into deportation order) and left on February 18,2020, and since then i been in illinois. couple days ago i talked to a lawyer about me getting the american citizenship and they told me to not even think about it because of the misdeameanor and because trumps administration is deporting a lot of people so they told me especialy because im syrian and theres a case pending about deporting syrians that are not citizens, so im really scared now i cant go back to syria my whole village is bombed and i will be recruited into the army and thats the last thing i want. i have a family sponsorship case from my mom we mailed the application and it showed on the mail tracker that it arrived on july4th so my application was submitted before i turned 22 which it was august 1. but no response yet from immigration and im scared there might be a mistake then the whole application is done and i dont have a chance on it. but now im reading about humanitarion compassionate how i am able to apply after i had negative decision which it was on november 6th,2019. so in november 2020 im elgible for that , but my question is if the border open up after this covid crisis im i able to go and apply in person at the detroit border or niagara falls border ? all my family is in canada i have no one here and i will have a expungment on my misdeamor and they said that they will consider a pardon which is expungment, so can someone please help me out with this ? i dont want to get deported back to syria, how do i apply for humanitrian at the border ? thank you for whoever is helping me out, god bless you !
help
- Thread starter Nkhouchaba
- Start date
To apply for PR on H&C grounds you need to already be in Canada as a visitor or some other status, but you would really need a lawyer and I would not expect to be successful since you already have legal status in the US (a safe country) and (if I'm reading your post right) are also a failed asylum seeker with potential criminal inadmissibility.
I would suggest keeping your head down in the US and seeing if you can apply for citizenship there after your record is expunged. Seek out a good US immigration lawyer as they may be your best bet to avoid having to return to Syria. You will have to figure out whether an expungement is enough to overcome theft being considered a "crime of moral turpitude."
As a US citizen you would remain inadmissible to Canada even with an expungement, but you would be free to seek to overcome your criminal inadmissibility so you could visit your family in Canada.
I would suggest keeping your head down in the US and seeing if you can apply for citizenship there after your record is expunged. Seek out a good US immigration lawyer as they may be your best bet to avoid having to return to Syria. You will have to figure out whether an expungement is enough to overcome theft being considered a "crime of moral turpitude."
As a US citizen you would remain inadmissible to Canada even with an expungement, but you would be free to seek to overcome your criminal inadmissibility so you could visit your family in Canada.
You need a lawyer
You must ask before you act for anything, as most of your problems are from acting without knowledge.
You are a man keep working and saving money and get your citizenship, after that all your problems will be finished
Take care of yourself
You must ask before you act for anything, as most of your problems are from acting without knowledge.
You are a man keep working and saving money and get your citizenship, after that all your problems will be finished
Take care of yourself
Thank you for ur replies, the thing is with applying for citizenship i was adviced by a free consultation lawyer to not apply for citizenship because of new trump administration that keep deporting people, and he has a high chance of winning again and my green card expires on 2022 and I might be rejected to renew my green card because of the misdemeanor and it might trigger the immigration to start removal process. Would they really deport me back to syria even with the war conflict? I can't afford that and I need my family thats in canada, if I run to the border scared for my life after being rejected, there's no way of canadians letting me in?? My expungment wouldn't be considered a pardon ??
Your situation has been discussed extensively
The United States May have expunged your record , as you’ve been told , Canada might not
https://www.canadavisa.com/canada-immigration-discussion-board/threads/please-help-with-information.696261/#post-8787423
November isn't far away. Before you panic about Trump being re-elected, why not just wait for the actual result?
Most likely trump will win his re-election, his stats show that he has better odds, i am really scared knowing he's gonna win it so im trying to find my options from now.
Your questions have been answered repeatedly.
You cannot apply for H&C at the border.
You are currently inadmissible to Canada and will not be able to enter the country even once the border restrictions have lfited. You have to remain in the U.S. and wait for the results of your mother's sponsorship application. It will most likely take at least a year for the application to be processed.
What about if im in risk of getting deported back to syria from usa? What about if my family sponsorship fails and im in the risk of trumps administration? What do I do then ?
They also thought Hilary would win. It won’t help you to make multiple posts about the same thing and to keep asking the same questions. The answers will not change. You are inadmissible. Period. No what ifs. Just inadmissible.
You don't have to answer it if its bothers you, I understand that sometimes im asking the same questions as I did before but what does it hurt ? I'm not hurting anyone, put urself in my situation. Let me ask my questions and get information im trying to understand and updating on my situation and seeing if it would change and whoever wants to answer thank you and whoever is feeling like they are forced to do it dont please.
In my opinion, it is an insult to those who have already answered your questions when you ask again coz it frankly seems like you do not trust them. But, that is just me. I am not bothered, I am pointing out how it does not help you to panic and to assume an election has already been won. If you noticed, I am not the only person who pointed out that your question has been answered before. Copingwithlife and scylla above have both called it out.
Its not about trust, im just updating on my situation and i mightve asked the same questions couple times but I i was updating on the smallest news so thats why I asked to see if that would make a difference. I understand most of the times it not making a difference but im noy hurting anyone by asking and if im disrespecting someone I dont mean it. Im just dealing with so much and its nowhere easy and im trying everything that I can to try go back to my family ,I do not expect you to understand but I still thank you for replying. Sorry for frustrations
That's the thing, there is nothing new with the background of your concern. This is why both Copingwithlife and scylla told you that your concerns have been answered and discussed extensively. I actually think you are hurting yourself by causing undue panic. It is good to be prepared but you can't change the facts any more. You are inadmissible to Canada. You will need a lawyer if your sponsorship is rejected. I would suggest preparing by working a lot and saving up for that lawyer.