2 pending criminal charges,praa denied and inland sponsor application

[Kollyjoe]

hello guys.
Please i need as much advice as possible.
I got refusedon my refugee june 2011
Applied for appeal and was rejected nov2011
Received my praa application jan 28 2012
Submitted my sponsorship application and was received by cic on sept 20th.2011
Praa got denied june 1st but received the result july 19 2012
Cbsa officer wants me to leave within a month.no departure date yet just a time frame.
I have done medical and submitted all requiment needed,
Between feb and april 2012 i got arrested twice and charged with assault while resisting arrest because i did not identify my self to police and y would i do that? He won't tell me the reason y he stopped me.i felt profiled.

And the second charge was domesticassualt with the wkman that sponsored me why?because i was driving 130km per hour, she couldnt figure out how to wind up her window, she has frustrated me ver 6 times on the window and was just fed up.she took off her seat belt and try to wind up her windowon my side (driver side)i couldn't see,her mid section was blocking my view while i was still driving.i pushed her back to herseat and yelled if she was trying to get us into an accident.she called 911 when we got home police came, saw a chip bump.on her lip,very minor,never knew where that came from. But she claimed i punched her in the mouth.this is non bloody mouth.

Cbsa officer is working to get those charges dropped and proceed with my deportation.
I don't also want to fall into the hands of incompetent lawyers i feel my present lawyer is or maybe he is not doing enough.y?for the praa, he never send any evidence as he promised,and instead of doing his own stuff he submitted my rough pif i gave to him to guide him through.he never told me this untill i received the result and found out myself.
So guys pldase advice me as best as possible. Thanks

 

[CharlieD10]

My advice? You might be better off going home.

The Inland sponsorship is going to be nigh on impossible with an assault charge against you filed by your sponsor. It doesn't matter how minor you think it was, all the officer is going to see is a man willing to abuse/assault his partner. Add to that the other two arrests and assaulting an officer while resisting arrest, and you have quite a record already, so you made yourself further inadmissible. How you felt when the officer approached you is irrelevant, your obligation was to comply with any instructions you received, such as to identify yourself.

And I don't know which highway you were driving on that permits 130km/hr speeds, but I would suggest that you have a habit of not complying with the law. Your lawyer can only submit information from what you gave him. If you feel you are not being adequately represented, it is your responsibility to rectify that situation by pointing it out to your legal counsel or getting a new one.

Make it easier for yourself, make your own arrangements and go home. Permanent residence in Canada is not going to work out for you under these conditions.

 

[Kollyjoe]

Thanks for the reply '
What you said sounds very dismissive, but i'm totally ok with it ' because all you said was just based on your opinion and nothing else
We all have our own issues and this is the one i'm dealing with.However in regards to the charges my common law partner as agreed with me to get those charges dismissed. Matter of fact the trial date was set to nov 29
And for the second charges the crown wants me to go for anger management for him to dismiss that charge. Which i will complete by dec 14 this year but something took a turn to the whole case yesterday the cbsa officer wants me to leave by nov 14' ticket confirmed. he told me he has successfully convinced the both crown to drop those charges and they told him to go ahead saying if he is successful doing that, meaning removing me, they will drop both criminal charges.
But here is my question,can i apply through my lawyer for stay of removal pending the result of my sponsorship? because im thinking cic is holding my landed to see the outcome of the domestic charge Of which im very sure, it will be dismissed for sure plus i applied for my sponsorship way before praa and i don't know or aware of any law that proposes an automatic rejection if you've been charged with a record without getting aconviction
For me, withdrawing my sponsorship at this point is abit too late.
And cic are still sending me letters matter fact they recently sent me a letter called cliet update form for me to update my adress and work history and i already received my aip letter since march this year.please give me more thought about this situation. And your thoughts also if i qualify for administrative defferal.
Thank you.

 

[Creampop]

well of course this is just MY opinion .... but, you have a domestic violence charge against you (not even going to mention the assault of a police officer), but that makes you inadmissible to Canada. if you want that to go away do the smart thing and leave make the charges go away, by staying, you make the charges stay and your application is going to be denied because if convicted you will be criminally inadmissible, and you won't be deemed rehabilitated for 10 years. Leave, let the charges go away, file out-land application and wait to land like everyone else.

 

[kitchener_inland]

well of course this is just MY opinion .... but, you have a domestic violence charge against you (not even going to mention the assault of a police officer), but that makes you inadmissible to Canada. if you want that to go away do the smart thing and leave make the charges go away, by staying, you make the charges stay and your application is going to be denied because if convicted you will be criminally inadmissible, and you won't be deemed rehabilitated for 10 years. Leave, let the charges go away, file out-land application and wait to land like everyone else.

100% agree with you Creampop!

there is no way he could get second with such criminal history! if leaving voluntarily is dropping those charges then he may have a chance applying out land. I have to be honest if I was an CIC officer myself it would be very difficult to approve a person who comes off as violent and having no respect for the Law. and remember the second stage focuses on the applicant's security checks and criminal history which directly impacts the results of approval.

 

[McDutch]

Is your sponsor even aware that she is sponsoring you?

 

[kitchener_inland]

hello guys.
Please i need as much advice as possible.
I got refusedon my refugee june 2011
Applied for appeal and was rejected nov2011
Received my praa application jan 28 2012
Submitted my sponsorship application and was received by cic on sept 20th.2011
Praa got denied june 1st but received the result july 19 2012
Cbsa officer wants me to leave within a month.no departure date yet just a time frame.
I have done medical and submitted all requiment needed,
Between feb and april 2012 i got arrested twice and charged with assault while resisting arrest because i did not identify my self to police and y would i do that? He won't tell me the reason y he stopped me.i felt profiled.

And the second charge was domesticassualt with the wkman that sponsored me why?because i was driving 130km per hour, she couldnt figure out how to wind up her window, she has frustrated me ver 6 times on the window and was just fed up.she took off her seat belt and try to wind up her windowon my side (driver side)i couldn't see,her mid section was blocking my view while i was still driving.i pushed her back to herseat and yelled if she was trying to get us into an accident.she called 911 when we got home police came, saw a chip bump.on her lip,very minor,never knew where that came from. But she claimed i punched her in the mouth.this is non bloody mouth.

Cbsa officer is working to get those charges dropped and proceed with my deportation.
I don't also want to fall into the hands of incompetent lawyers i feel my present lawyer is or maybe he is not doing enough.y?for the praa, he never send any evidence as he promised,and instead of doing his own stuff he submitted my rough pif i gave to him to guide him through.he never told me this untill i received the result and found out myself.
So guys pldase advice me as best as possible. Thanks

I have to agree with creampop and charlie

I can't see any possibility you getting approved for the second stage regardless of you having the AIP (first stage) because the second stage actually focuses on the applicant (you) for security, medical and criminal history! so having those charges in your record will probably result in disapproval of second stage! people with Canadian citizenship can get deported for severe criminal charges let alone a person who is not even a PR!
if they do however drop all the charges if you agree to go home on your own then you might have a chance applying out land! which in my opinion is best option just as creampop suggested.

 

[Creampop]

Hey Kitchener.. I know this is off topic but, I noticed in your siggy your landing friday, first off Congrats! secondly are you doing your landing @ immigration office on Duke st? was it hard to get a landing interview there or did they set you up with one? just asking as we are currently waiting for my PP to come back from LA and weren't sure which way were were going to do the landing so figured you might have some local info! We're in Waterloo... Thanks

 

[kitchener_inland]

Hey Kitchener.. I know this is off topic but, I noticed in your siggy your landing friday, first off Congrats! secondly are you doing your landing @ immigration office on Duke st? was it hard to get a landing interview there or did they set you up with one? just asking as we are currently waiting for my PP to come back from LA and weren't sure which way were were going to do the landing so figured you might have some local info! We're in Waterloo... Thanks

Hey Creampop

yes the my landing is in Duke st on Friday , their timing is good compare to other big cities for example I got the landing date earlier than many people who land in Toronto area, I got my second stage letter Oct, 2nd a week & half latter (thanks giving holiday) I got the landing interview letter which was dated with in 2 weeks for interview (OCTOBER, 26th) so its not bad at all compare to some people in other area who waited almost 2 months for the landing interview from the second stage letter.
so i'm guessing your landing would be in Kitchener too correct?

 

[Creampop]

yea well like many things K-W shares the immigration office is one LOL just our schedules are so crazy we got hockey 4 times a week swimming lesson then skate training twice a week and hockey games usually on the weekends dunno if we would even have time to flagpole (even tho I would love to do some shopping in the US soooo much I miss that I can't get up here) thats why we was wondering how long for a landing interview send me a message lemme know how it goes I'm sure its routine just curious ya know. Good Luck!

 

[kitchener_inland]

yea well like many things K-W shares the immigration office is one LOL just our schedules are so crazy we got hockey 4 times a week swimming lesson then skate training twice a week and hockey games usually on the weekends dunno if we would even have time to flagpole (even tho I would love to do some shopping in the US soooo much I miss that I can't get up here) thats why we was wondering how long for a landing interview send me a message lemme know how it goes I'm sure its routine just curious ya know. Good Luck!

haha so much stuff to do for you guys lol, but ya for sure I'll let you know!, feel free to ask anything if I can answer, I guess i'll find out how it will go on Friday but it shouldn't very complicated hopefully ;D

 

[Kollyjoe]

Thanks to you guys for all those advices, much appreciated
ok,now i have paid my lawyer to file for defferal based on the fact that i have a ongoing sponsorship in canada and asked my common law wife to sign some affidate that state,we are waiting to get the case resolve by nov 29 and that this has really affected us deeply.
My lawyer also saidhe could challenge that permit removal order to influence crown judgementof him staying the chargespurposely for my removal,saying that means anyone can can just call police on me accusing me of whatever and i just get deported and not giving me the oppurtuinite to prove my innocence and all that.
He was Saying this with whole lot of courage but make me understand either i do something or nothing.
I also got into an auto accident oct 2, as iwas rear ended and as a result filled for insuranceclaim which hasnt got approved but say we could filled to receive my insurance settlement before i leave
And finally i'm trusting in God.
What do you guys think about this lawyers idea.and i have few question to ask.
My wife want us to get marry if i have toleave and actually submit an aplication matter of days from now.if i do,can i be approved for ARC?since those charges will be stayed if i leave voluntarily because i don't want to tie her down with marriage if thier is a possibilitythe arc won't be granted.we do have a great history of cohabitation with concrete evidence.any advicewill help.just wantingto know more fact and gather pples idea.
Thank you

 

[Creampop]

If you leave on your own and the charges are dropped why would you need an arc? you only need arc if you are deported, if you leave voluntarily you are not being deported unless I missed something here.... Honestly and again in my opinion, the Lawyer is going to tell you whatever it is he thinks you want to hear cus mainly he wants your money... of course he will say he can do it but when it comes down to it, it will be oh I'm sorry I really thought we had that won... Honestly for a successful application process you don't want any charges that are going to affect your inadmissibility, and the charges you have pending are enough to do just that, if you leave and they wipe them when your wife applies for you there should be nothing there other then the fact you were arrested and they can't deny you on the arrest you must be convicted. in the end the decision is up to you.. Good Luck!

 

[tavora]

Honestly, as a failed refugee claimant, CIC were already going to scrutinize your relationship with your sponsor very closely anyway. If you have issues of criminality involved, I don't see a very easy road ahead for you. Also, if you're applying inland common-law or spousal, you have no right of appeal if you're denied. I also agree with Creampop.

 

[tuyen]

There are honest, hard-working, LAW-ABIDING people with zero history of violence, with no criminal records, who are waiting in line (sometimes for YEARS) before being allowed into Canada. The fact that this guy is still here in the country and milking the legal system just makes a mockery of the whole immigration system, and makes Canada look like a big joke.