H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
I assume they walked across the border at somewhere like Roxham road. Did they consult with an immigration lawyer in Canada first? This was never a good plan given her US status. Unfortunately there isn't a great solution other than returning to Sudan and relocating somewhere else if they want to live as a family. They can work towards Canadian economic immigration. He can attempt a 2nd H&C but if their priority is reuniting they have some tough decisions to make.
You never know you could get a positive answer soon
Prepare for the worst hope for the best
Your husband is a stateless he is deportable
Not removal
I know exactly what do you mean
It’s not easy to get a status in USA
He is not he born in Egypt but his parents are from Sudan
They can’t obtain Sudanese travel document for him Eventually if he sent his application for reconsideration or appeal he had a good chance to get approved
Yes it will be difficult to obtain a passport especially if he doesn't cooperate but that doesn't make him stateless.
We would need to see the arguments for H&C denial. Yes he should reapply or ask for reconsideration but his wife's US citizenship creates a lot of difficulty. They also will need to consider how long they are able/willing to be separated. I have seen other cases where a person ends up in limbo. Not being deported but also not being approved for H&C.
The limbo part is what scares me. I have heard also about people not deported but stuck in Canada without any status.
My husband does have a Sudanese passport that will expire this November. The officer took it from him when he entered Canada from the USA back in 2017 to claim refugee. They never gave him his passport back.
They also took me and my kids USA passports when we arrived to Canada 2017 but they gave it back to us when they deported us in March 2021. I drove back to the USA. Prescott Ontario Boarder ( about an hour away from Ottowa.)
same here. My partner has been in limbo since 2015. My partner's passport was taken by CBSA when he applied for PRRA in 2019. Then he got refused PRRA and also refused HC twice. The month he was going to get deported, he got AIP finally after we applied HC third time.
But CBsA still refuses to give pasport until he gets COPR. He had death in family and needs to travel urgently but until COPR is issued passport will not be given back.
Based on our experience, you can order GCMS notes to see grounds for refusal and see whether you can provide stronger evidence and reapply. One of our HC arguments was that Canada was the only country where we can live together as a family, because moving me and my infant son to my partner's country in West Africa would not be in the child's best interest. And separating my partner from his son is even worse. I would say best interest of your Canadian child is worth exploring in your husband's next HC application if you intend to keep fighting.
What is happening with your husband right now? Are they making arrangements to remove him as well, but to Sudan?
Is your husband working with a lawyer? Is he going for PRRA?
I know some people here aren't big fans of lawyers but your situation seems particularly complex since you and your children are US citizens and that generally makes it extremely challenging to succeed with either a refugee or H&C application.
Thank you
Yes, I did order the GCMS notes. That’s very important. Our h&c claim states that Canada is the only country we can all live in because he isn’t allowed in the USA and we can’t go to Sudan and live there. It wouldn’t be safe for us since we are wife& 2 kids Americans and 1 Canadian baby. So having the notes will really clarify what went wrong. Also Mohamed has a Canadian citizen sister living in Ottawa. So he has family ties.
I am really hoping that this DM on our account is an AIP but it’s a really slim chance.
No one called him yet to be removed. He has always had lawyers in the USA and Canada. We are not big fans of lawyers and we already spend thousands of dollars in the US and Canada. It’s crazy but it’s our reality. Our lawyer said that the PRRA application must be given to him. We can’t call and ask for a PRRA application. It’s very bad because he never live a day in sudan. His entire family is in Egypt.
you can provide more evidence for same arguments. Our previous HCs were refused because agent wrote she sees no evidence of my son needing his father in Canada. So we added pictures of how he takes care of him, support letters from neighbours and doctor, and also proof that he took parental leave to take care of our son. As simple as that. Also don't forget that next time the file may land at a different officer who may be more "compassionate". So you can keep fighting as long as you have energy to do so.