Can waiting for sponsorship be used as a reason for extending visitor visa?

[pinkgal]

My mom visited me since June 2008. I submitted the sponsorship application for her @ Aug 2008.
I extended her stay on Nov 2008, and she got a extension till Oct 2009.
I applyed for her stay again on Sep 2009 and the application is refused. Now I'm managing to apply for the restoration of status for her, could I use the waiting for sponsorship decision making as one of the reasons for restoring her status? I didn't mention this as a reason in the previous applications. Thanks.

 

[Karlshammar]

Yes. There are no guarantees no matter what your reason is, though.

 

[Suin]

they know that waiting for sponsorship decision can take 2 more years, so this reason can hardly work. do you have any other ideas? can you consider a lawyer to help you with this matter?

 

[pinkgal]

The real reason my mom wants to stay here is she wants to speed up the 2nd step of her immigration application.
It takes 10 months to process the 2nd steps in Buffalo, but it takes more than 20 months in my home country. To make sure her case could be processed in Buffalo, she has to already stay in Canada for 1+ year when the sponsorship desicision is made. It is about 16 months left before our sponsorship get processed, so it seems no time left for her to go back and apply visitor visa again to re-entry within 4 months...Plus, cic seems speed up the sponsorship process, so it may be less than 16 months for us...

I just read an article in 2002, that cic doesn't allow immigrant applicants stay in Canada in order to speed up their 2nd step immigrants. But I cannot find this info in cic website. So I don't know whether I should mention the purpose of speeding up immigration application when I apply the restoration of status for her...

 

[Suin]

is it possible to get some medical certificate from the doctor proving her health condition that doesn't allow her to travel?

 

[pinkgal]

is it possible to get some medical certificate from the doctor proving her health condition that doesn't allow her to travel?

No, she is very healthy...

 

[Suin]

maybe a visa application to the US can help? I really do not know what else to suggest.

 

[mitamata]

To make sure her case could be processed in Buffalo, she has to already stay in Canada for 1+ year when the sponsorship desicision is made.

May I ask where you found this? I've never heard of such a think, so just wondering.

 

[PMM]

HI

May I ask where you found this? I've never heard of such a think, so just wondering.

Immigration Regulations

Place of application for permanent resident visa
11. (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves
(a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or
(b) the applicant's country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

PMM

 

[mitamata]

Ok, should I be looking at option (a) or the stateless part?

the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year

I was under the impression that that means you have to had been allowed to stay for a year in that country upon arrival. So if you come into the country with a 1 year visa, you can apply there, but if you come there with a 6 month visa (even if you get an extension later on), you need to apply in your home country?
pinkgal is saying they get to apply through Buffalo because the applicant will have lived in Canada for 1 year, which, from what I thought I knew, wouldn't be true.

if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted

That would only apply for "stateless" people, right?

 

[PMM]

Hi

Ok, should I be looking at option (a) or the stateless part?

I was under the impression that that means you have to had been allowed to stay for a year in that country upon arrival. So if you come into the country with a 1 year visa, you can apply there, but if you come there with a 6 month visa (even if you get an extension later on), you need to apply in your home country?
pinkgal is saying they get to apply through Buffalo because the applicant will have lived in Canada for 1 year, which, from what I thought I knew, wouldn't be true.

That would only apply for "stateless" people, right?

Right, for example Palestinians residing in Jordan.

PMM

 

[Karlshammar]

Or, indeed, any person anywhere with no citizenship. It's very rare, but it can happen. The Republic of China (Taiwan) has apparently caused some people to become stateless since it requires foreigners to renounce their citizenship before applying for theirs, but this has to be done before they actually become Chinese citizens (even before the know if their application will be approved or not).