can someone with immigration fraud in US get approved for green card in Canada?

[gator]

this is not exactly what you think

We met in 2004 online and married in 2005 in US (my wife is US citizen) when I was on a short student visa. We apply for green card and waited 4 years. we got 2 interviews (one stokes) that did not bring any discrepancies. At the end, government came up with a proof that my wife was married to someone else in 1997 and never bother to get annulment/divorce and this guy was deported in 1998. She, unfortunately, never told me that, but when I found out I was really emotionally hurt and that I lived with someone else than I thought. My deportation case is coming soon and I work on getting my marriage annulled even though my "wife" does not care and actually moved to the different state by now. I am doomed on my own, but hopefully depo judge will let me finish the marriage annulment so I can get my life back on track. Whatever the outcome, I am marked with INA 204(c) immigration fraud in US permanently.

Now, since there is no other ways to stay legally, I will be coming back home to Europe. But I heard so many good things about Canada that I would love to come back to American continent to live permanently. I guess my question is very simple: if immigration case in any country is denied (or especially US) due to *immigration fraud*, is it going to be an auto-ban on Canadian side as well? To me that would make sense -- why would Canada give a chance to someone who is *marked* as immi fraud??

I think the positive sides are my person. I am 32, computer specialist, speak well english, BD in computer science, I worked full time (legally) in US for 5 years, saved some money (when I found out my wife blew $40,000 at spot before I limit her access, but my legally obtained savings are still about $60,000). I do not have criminal record both in US and Europe -- although attorneys I spoked with are torn apart whether immigration fraud is criminal record or not, but obviously I would like to lay down everything to Canadian Immigration. I did an online immi assessment test and found out I may have enough points.

The reason I am asking is that when I come back to Europe, I would like to apply to migrate Canada as soon as possible and would like to know if I have any chances.

Thank you.
This forum is very formative!

 

[scylla]

I can't comment on the immigration fraud.

However have you looked into the occupation requirements for immigrating to Canada? Having enough points isn't enough. You also have to fall under the right occupations.

To apply as a Federal Skilled Worker (FSW) you need to fall under one of the occupations on this list (there are no IT/computer jobs on this list):

http://www.cic.gc.ca/English/immigrate/skilled/complete-applications.asp#tphp%20idtphp

If your occupation does not appear on this list, then you will need a job offer in Canada in order to apply as a FSW.

If you can't qualify as a skilled worker, then you should probably take a look at the provincial programs to see if you can qualify through one of those:

http://www.cic.gc.ca/english/immigrate/quebec/index.asp

http://www.cic.gc.ca/english/immigrate/provincial/index.asp

 

[gator]

interesting. I remember checking like 4 years ago IT was all over the list. is this changes year by year?
also, I work for international company. I think they may help since we have an office in Toronto, but then again IF I am in depo proceedings, its not like they apply today and we find out tomorrow -- I am sure it takes months OR years to actually get this task completed, right?

thanks for your input!

I can't comment on the immigration fraud.

However have you looked into the occupation requirements for immigrating to Canada? Having enough points isn't enough. You also have to fall under the right occupations.

To apply as a Federal Skilled Worker (FSW) you need to fall under one of the occupations on this list (there are no IT/computer jobs on this list):

If your occupation does not appear on this list, then you will need a job offer in Canada in order to apply as a FSW.
If you can't qualify as a skilled worker, then you should probably take a look at the provincial programs to see if you can qualify through one of those:

 

[scylla]

Yes - to both of your questions.

Yes - the list has changed since four years ago and can change year by year.

Yes - the process takes months or years (not days)

 

[kkhan870]

I think Scylla has changed the real question which is if he can apply under the penalty of immigration fraud in the U.S.

 

[gator]

thanks. yes, that was a part of question.

I know that everyone can apply -- I am rather interested if this is some sort of a rule (written or not) that if you commit or are charged with immigration fraud in any place in/out of Canada, you will be easily denied by Canadian officer, since it is up to their discretion to make a favorable or not decision.

Perhaps someone is here on this forum that had a similar problem are was applying for immigration benefits in Canada...?

I think Scylla has changed the real question which is if he can apply under the penalty of immigration fraud in the U.S.

 

[bp]

During the process of immigration to Canada, you are required to produce police clearance certificate from the country you lived more than 6 months. I do not know whether you will get a clean or pardon police clearance certificate from FBI. If this answer is no, then you are ineligible (do not waste your money).

Good luck
BP

 

[gator]

you mean the Interagency Border Inspection System (IBIS) will keep information about my name and case.
can you point me to some immigration law within Canada that lays down rules of being eligible/ineligible for an immigration status as of having IBIS record?

Is this is as simple as "you have a record in IBIS so your file is denied", or is it something more "negotiable" ?


Thanks!

During the process of immigration to Canada, you are required to produce police clearance certificate from the country you lived more than 6 months. I do not know whether you will get a clean or pardon police clearance certificate from FBI. If this answer is no, then you are ineligible (do not waste your money).

Good luck
BP

 

[lhr_montreal]

you mean the Interagency Border Inspection System (IBIS) will keep information about my name and case.
can you point me to some immigration law within Canada that lays down rules of being eligible/ineligible for an immigration status as of having IBIS record?

Is this is as simple as "you have a record in IBIS so your file is denied", or is it something more "negotiable" ?


Thanks!

Apply for FBI record if its clear then no prob. and if something is written then consult the letter with some lawyer.

 

[gator]

thanks, I was actually downloading the forms. Its probably going to take 2 months for response.
I don't think this is important at this step anyways. I think AFTER I show in front of immigration judge, THEN the case is closed and FBI file updated. So if I get "clearance", it doesn't necessary mean that by the time I will be applying with Canada Immigration, it will still remain clean. But this is something I need to have before I speak with attorney.

Btw: any good attorneys to recommend in NYC/or good website with attorneys listings?


thank you.

Apply for FBI record if its clear then no prob. and if something is written then consult the letter with some lawyer.