Appealing misrepresentation. ..

[nancyzm]

I have no idea about all 3 questions. Perhaps an experienced immigration lawyer in your city could help.

As for how to order your physical file, you can do it online under the Access to Information Act(costs $5) since you will be requesting notes for yourself and your husband. Here is the link: http://www.cic.gc.ca/english/department/atip/requests-atip.asp

Here is the Consent Form(IMM 5744) he needs to sign and send you a scanned copy in order for you CIC to released his notes to you: http://www.cic.gc.ca/english/department/atip/form-imm5744.asp

I already have a lawyer. However I don't think he's going tell me we have no chance because then if we decide to wait it out he won't get paid..

 

[dave mac200]

TRP,it's like a bridge will allow the person to come to Canada .TRP and TRV totally different thing u can go and read about it,if you don't know .

 

[Alurra71]

I already have a lawyer. However I don't think he's going tell me we have no chance because then if we decide to wait it out he won't get paid..

If this is the same lawyer you had to file your application, I would suggest removing him as quickly as possible. The folks in the 'spousal appeals' thread on this forum would have more knowledge regarding some of your questions I think. Most of them are quite well versed in the 'ins and outs' of the appeals process. I don't know how many would have the misrepresentation label that you have, but they are ALL appeals.

Best of luck.

 

[nancyzm]

If this is the same lawyer you had to file your application, I would suggest removing him as quickly as possible. The folks in the 'spousal appeals' thread on this forum would have more knowledge regarding some of your questions I think. Most of them are quite well versed in the 'ins and outs' of the appeals process. I don't know how many would have the misrepresentation label that you have, but they are ALL appeals.

Best of luck.

It is not the same lawyer. We got a very reputable lawyer and he has said we have a good chance but I don't know if he is being honest..

 

[Alurra71]

TRP,it's like a bridge will allow the person to come to Canada .TRP and TRV totally different thing u can go and read about it,if you don't know .

I know what they are and what they can and can't do. You're comparing this situation to a DUI charge. These two things aren't even in the same ballpark, let alone the same playing field so they can't be compared. If a person is denied a PR visa, the odds of the same country that denied them issuing them another different type of residential visa are astronomical. The OP needs valid help that could aid her in overcoming this or finding another route. In my opinion, and I think most everyone else on this thread, other than yourself, that is, will agree that a TRP is not going to work in this situation.

A TRP can be used to overcome a 'criminal' inadmissability, such as a DUI. Being accused of legal misrepresentation on your Canadian PR Visa application is not going to go away if you fill out the Canadian Temporary Resident Permit visa application ... can you kind of see where I'm going with this?

The OP is more than free to go ahead and apply, of course, however, I think throwing more money down the current CIC drain is a bad idea and she would be better served holding on to that money to figure out what steps she needs to take to get her family together.

 

[JRPW]

TRP,it's like a bridge will allow the person to come to Canada .TRP and TRV totally different thing u can go and read about it,if you don't know .

I don't think so. If a country takes the extraordinary steps to issue a visa and then cancel it, what makes you think a country will issue a TRP OR TRV.

 

[Alurra71]

It is not the same lawyer. We got a very reputable lawyer and he has said we have a good chance but I don't know if he is being honest..

One way you could 'test' this lawyer is to ask him WHY he feels you have a good chance.

If he says it is because the previous lawyer said and did blah blah blah, then the odds are he is just in it for the amount of money that you will be paying him. You have to remember, that even though your husband went on the advice of the previous lawyer he is the responsible party. The courts won't listen to 'he said to do' excuses. They are only interested in facts, and the fact is your husband didn't list all the pertinent information.

If he can give you, or even cite you a few cases that he has read about that essentially has the same earmarks as your case, then he may be telling you straight. You will know if you just listen to what he is saying if he is giving you the run around, but you are going to have to listen with your logical mind and try not to listen with just your ears and your heart. It is easy to fall prey to someone when they give you the answers that you are so longing to hear.

 

[dave mac200]

He wouldn't get approved for PR but he would have option for TRP .TRP it's bridge to come over the road block,that's CIC laws,go read the OP

 

[JRPW]

He wouldn't get approved for PR but he would have option for TRP .TRP it's bridge to come over the road block,that's CIC laws,go read the OP

No, it's not.

http://www.cic.gc.ca/english/information/inadmissibility/who.asp

•misrepresentation, which includes providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA)

 

[Alurra71]

He wouldn't get approved for PR but he would have option for TRP .TRP it's bridge to come over the road block,that's CIC laws,go read the OP

He is not caught in a road block. You need to go and read the OP's original posts regarding this situation. He was denied his PR visa due to misrepresentation.

They are not going to allow this man a visa at this point. Not only have they denied his PR visa, they have also banned him from Canada. Will your 'bridge' overcome a ban as well?

 

[dave mac200]

read the OP there's section for family class ,talking about TRP.also there's ppls who got charged with a serious crime and got TRP under family class.

 

[zardoz]

If he was served with an "Exclusion Order", he will also have to apply for an ARC if he wishes to return to Canada within the exclusion period.

 

[Alurra71]

read the OP there's section for family class ,talking about TRP.also there's ppls who got charged with a serious crime and got TRP under family class.

They do not have a 'facepalm' emote, although one would be appreciated right now.

 

[SenoritaBella]

OK, what was the reason these people with serious crimes gave CIC in order to be given a TRP? Remember, it's not the nature/type of crime that matters but the compelling reasons given in order to satisfy the officer to be allowed into Canada.

May the person with the serious crime was a kidney donor to their sister who lives in Canada. With medical proof, etc, CIC must approve this person's TRP because theyr have a compelling reason (i.e. donate a kidney) to be in Canada.

That's what everyone is saying here... the OP's husband was charged with misrepresentation(i.e. lying). Do you have any suggestions she can give CIC that would be compelling reasons for her husband to be allowed into Canada?

Just coming to visit her and the baby is not a good enough reason b/c she can go to Sri Lanka. If she on the other hand was stuck in Canada (e.g. a refugee applicant who can't travel outside Canada or to Sri Lanka), then perhaps her husband would have a compelling reason to be allowed entry.

Hope this clarifies things.

read the OP there's section for family class ,talking about TRP.also there's ppls who got charged with a serious crime and got TRP under family class.

 

[nancyzm]

One way you could 'test' this lawyer is to ask him WHY he feels you have a good chance.

If he says it is because the previous lawyer said and did blah blah blah, then the odds are he is just in it for the amount of money that you will be paying him. You have to remember, that even though your husband went on the advice of the previous lawyer he is the responsible party. The courts won't listen to 'he said to do' excuses. They are only interested in facts, and the fact is your husband didn't list all the pertinent information.

If he can give you, or even cite you a few cases that he has read about that essentially has the same earmarks as your case, then he may be telling you straight. You will know if you just listen to what he is saying if he is giving you the run around, but you are going to have to listen with your logical mind and try not to listen with just your ears and your heart. It is easy to fall prey to someone when they give you the answers that you are so longing to hear.

He mentioned about H & C and didn't say anything about the other lawyer. It is very hard not to be hopeful but in reality it seem like an impossible situation. He is currently working in the middle east, it would be difficult to live there. Right now he shares an apartment with a few others. If I went there we'd have to find and apartment and that would be really expensive. Our other option is I can go visit him in sri lanka however there have been some religious conflict. He would not get more than 6 weeks of leave from work. Which is hardly enough time for my daughter to know her father. She is only 14 month and it is very difficult for me to raise her without my husband.