Candian Citizen Trying to Sponsor Inadmissable American Spouse Already in Canada

[canadiangurl]

I've been reading this forum quite a bit and hoping to find someone in a similar situation but am not having much luck and hoping that someone out there might be able to help me out....

I am a Canadian citizen (I live in BC) and want to sponsor my American spouse. Due to a DUI six years ago he was found inadmissable to Canada when he tried to cross the border in October 2010. We have been together for a little over four years now. Since his failed attempt to cross we had been waiting to get all his documents together to apply for rehabiliatation (which he became eligible to apply for in Oct 2011).

He recently lost his job due to cutbacks and had been having a hard time making ends meet. He surprised me by trying to get across the boarder to come visit and they actually gave him a TRP for a few days to come visit. He stayed for the time he was allowed, but due to the holiday scheduele (this was on Thanksgiving weekend) he could not get to the boarder crossing in time and overstayed by a day on his permit. Upon reaching the crossing, he talked to one of the customs/immigration officers and explained our predicament to see if there was any way to increase the length of time on his TRP. The officer informed him that if I was planning on putting my sponsorship application in anyway for him, he should just stay in Canada with me (as he is allowed to be in Canada as a visitor for 6 months) and apply from within. So, he turned around and came back.

Now I'm not sure what to do. I'm pretty sure as I have been researching the topic for a couple years now, that the information that the immigration officer gave him was incorrect. I'm worried that as he overstayed, that this is going to look bad on our application. What's more is that I am still in the process of trying to get his rehabilitation application together and have not sent it out yet (I'm still waiting to get a copy of the court documents and receipt of the fine he paid). I have read that in order to apply for PR, that the inadmissability must be taken care of first (before I can apply for sponsorship/PR/etc). As the rehabiliatation process takes quite a while to complete if everything goes well (1-2 years?) he will run out of time and end up being here past the 6 months and run the risk of being deported.

I would like to know if there is a way that I can still apply for PR before the rehabilitation has been approved? If not, what should I do to be able to keep him here with me while this whole process is being reviewed, etc? As he is not working and came here, he had given up his apartment in Washington where he was staying as he couldn't afford it (I was helping him pay his rent, but it was very difficult as I don't make a lot of money and have my own bills to pay here). I can't afford to get a lawyer for this and now that he's here I'm getting more and more worried about our future here with each day that passes. Any advice would be greatly appreciated

 

[sariss]

When they stamped his passport when he entered Canada - did they write a date under it?

 

[tuyen]

The officer informed him that if I was planning on putting my sponsorship application in anyway for him, he should just stay in Canada with me (as he is allowed to be in Canada as a visitor for 6 months) and apply from within. So, he turned around and came back.

Now I'm not sure what to do. I'm pretty sure as I have been researching the topic for a couple years now, that the information that the immigration officer gave him was incorrect.

If you're doing an inland application (meaning that he's IN Canada when you file your sponsorship application), then the officer was correct. He gets "implied status", which gives him the ability to stay in Canada until he receives a yes/no decision on your sponsorship application. Edit: Never mind what I just said. I completely overlooked the fact that he was in the country on a TRP.

I would like to know if there is a way that I can still apply for PR before the rehabilitation has been approved?

Nothing prevents you from applying. It will take you around six months just to get YOUR approval to sponsor him. So that gives you some extra time to get whatever documentation you need.

Any advice would be greatly appreciated

I'll give you two pieces of advice:

1) Don't file your application until one or two weeks before his 6-month visitor status is about to expire. He's allowed to be in the country until that time anyway, so you might as well use that time to get whatever paperwork you need regarding his DUI. Then as soon as you file, he will automatically have his implied status which will allow him to remain in the country until a decision is made on his application. Yes, this will delay his permanent resident status, but it will give you some much-needed time to get his paperwork in order. Edit: Again, I goofed because I didn't pay attention to the TRP involved here. So forget what I said about him being allowed to be in the country.

2) I was going to say that you should take some time to really think about whether you're making the right decision on trying to sponsor someone with a history of alcohol problems, but then I re-read your post and I noticed that you were already married. For some reason, the first time I read it, I thought you said "boyfriend" instead of "spouse". So in that case, I guess you already made your decision. I only hope that you've known him long enough and WELL ENOUGH to make all of this worth it. Yes, I believe that people deserve second chances in life (for most things), but drinking and driving is usually a very good indicator of future problems. I hope for his sake (and for yours) that he has his drinking under control, or that he stopped altogether.

 

[PMM]

Hi

If you're doing an inland application (meaning that he's IN Canada when you file your sponsorship application), then the officer was correct. He gets "implied status", which gives him the ability to stay in Canada until he receives a yes/no decision on your sponsorship application.

It depends what length of time he overstayed. If you're talking about the one day incident, that's very unlikely to pose a problem. He will have much bigger obstacles due to his DUI.

Nothing prevents you from applying. It will take you around six months just to get YOUR approval to sponsor him. So that gives you some extra time to get whatever documentation you need.

I'll give you two pieces of advice:

1) Don't file your application until one or two weeks before his 6-month visitor status is about to expire. He's allowed to be in the country until that time anyway, so you might as well use that time to get whatever paperwork you need regarding his DUI. Then as soon as you file, he will automatically have his implied status which will allow him to remain in the country until a decision is made on his application. Yes, this will delay his permanent resident status, but it will give you some much-needed time to get his paperwork in order.

2) I was going to say that you should take some time to really think about whether you're making the right decision on trying to sponsor someone with a history of alcohol problems, but then I re-read your post and I noticed that you were already married. For some reason, the first time I read it, I thought you said "boyfriend" instead of "spouse". So in that case, I guess you already made your decision. I only hope that you've known him long enough and WELL ENOUGH to make all of this worth it. Yes, I believe that people deserve second chances in life (for most things), but drinking and driving is usually a very good indicator of future problems. I hope for his sake (and for yours) that he has his drinking under control, or that he stopped altogether.

1. The OP's spouse is already out of status. Was issued a TRP for a limited time period, and didn't leave. Note his still inadmissible as no rehabilitation has been submitted.

 

[tuyen]

Hi


1. The OP's spouse is already out of status. Was issued a TRP for a limited time period, and didn't leave. Note his still inadmissible as no rehabilitation has been submitted.

Yeah...you're right, I was distracted when I was reading it the first time. I focused on the fact that he was an American, and overlooked the fact that he was in the country only because he was given a TRP.

The only real hope here is to write a letter and include it with the sponsorship form. In that letter, she would have to explain that a border official told him he can turn around and stay in Canada because he will be under sponsorship. And then hope that when the application is received, it will be processed by a sympathetic person who believes the story, seeing as how it's not entirely implausible.

But in either case, the DUI conviction will have to be dealt with first and foremost.

 

[canadiangurl]

When they stamped his passport when he entered Canada - did they write a date under it?

Yes they did stamp and date it.

Yeah...you're right, I was distracted when I was reading it the first time. I focused on the fact that he was an American, and overlooked the fact that he was in the country only because he was given a TRP.

The only real hope here is to write a letter and include it with the sponsorship form. In that letter, she would have to explain that a border official told him he can turn around and stay in Canada because he will be under sponsorship. And then hope that when the application is received, it will be processed by a sympathetic person who believes the story, seeing as how it's not entirely implausible.

But in either case, the DUI conviction will have to be dealt with first and foremost.

Thanks for the replies...so what the immigration officer said then was incorrect and due to his inadmissibility the implied status wouldn't be applied then? Sorry, I'm a little mixed up now. :s

Also thanks for your concern regarding the dui...it was a stupid mistake on his part and he's definately learned his lesson, especially after having to live apart for so long...

 

[chipits]

Thanks for the replies...so what the immigration officer said then was incorrect and due to his inadmissibility the implied status wouldn't be applied then? Sorry, I'm a little mixed up now. :s

Yes, the border official was incorrect.

If your husband hadn't had a DUI he would have just been let into Canada on a visitor's visa, which is generally for six months. If this was the case, everything would have been fine. He could have come back into Canada and while still having his visitor's status, applied for PR inland.

However, because he was on a TRP which expired, your husband is out of status. Filing an inland application only gives "applied status" for the status the person actually had when the application was filed. In your husband's case, since he is out of status in Canada right now (the date written below his passport stamp has passed), there is no status to continue, or "imply". He would just continue to be out of status.

 

[canadiangurl]

Yes, the border official was incorrect.

If your husband hadn't had a DUI he would have just been let into Canada on a visitor's visa, which is generally for six months. If this was the case, everything would have been fine. He could have come back into Canada and while still having his visitor's status, applied for PR inland.

However, because he was on a TRP which expired, your husband is out of status. Filing an inland application only gives "applied status" for the status the person actually had when the application was filed. In your husband's case, since he is out of status in Canada right now (the date written below his passport stamp has passed), there is no status to continue, or "imply". He would just continue to be out of status.

I thought that it had sounded too good to be true...I had actually argued with my husband over this before he turned around to come back here.

I'm going to continue on with his rehabilitation application as we'll need it anyway, but if he doesn't leave ASAP does he run the risk of being deported now as he doesn't have legal status? After everything we've been through already I really don't want to ruin my chances to get him here altogether. As much as I like the states, I hated living there, and with my job right now that's no longer an option for me.

 

[kitchener_inland]

I thought that it had sounded too good to be true...I had actually argued with my husband over this before he turned around to come back here.

I'm going to continue on with his rehabilitation application as we'll need it anyway, but if he doesn't leave ASAP does he run the risk of being deported now as he doesn't have legal status? After everything we've been through already I really don't want to ruin my chances to get him here altogether. As much as I like the states, I hated living there, and with my job right now that's no longer an option for me.

it would be better if he returned to the states and you applied "outland sponsorship"! you can still apply for inland sponsorship even if your husband is out of status however outland application processing time is way faster than inland so its in your benefit for him to return to the U.S.. unless you don't mind waiting a much longer processing time for inland. and one important thing is inland application can NOT be appealed if its refused but the out land can be appealed.

good luck.

 

[chipits]

I thought that it had sounded too good to be true...I had actually argued with my husband over this before he turned around to come back here.

I'm going to continue on with his rehabilitation application as we'll need it anyway, but if he doesn't leave ASAP does he run the risk of being deported now as he doesn't have legal status? After everything we've been through already I really don't want to ruin my chances to get him here altogether. As much as I like the states, I hated living there, and with my job right now that's no longer an option for me.

Yeah, he should leave ASAP. He's already got legal problems, he doesn't want to be caught overstaying his visa as well.

He should go back and you should do an outland application. I'm not sure but I'm pretty certain I read most of the US applications generally take under a year, so you'll be reuinted soon enough.

 

[Creampop]

you could apply for restoration of status... no guarantee it will be accepted....

http://www.cic.gc.ca/english/information/applications/guides/5552ETOC.asp#restoration

Restoration of status

You may seek restoration within 90 days after your status as a visitor, student or worker has been lost, if you have only failed to comply with one or more of the following conditions:

You lost status because you remained in Canada longer than the period authorized for your stay (but not longer than 90 days).
You changed employers, type of work, or location of work without applying to change these conditions if they were specified on your work permit.
You changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on your study permit if they were specified on your study permit.
You continue to meet the initial requirements for your stay and have not failed to comply with any other conditions imposed.

application:
http://www.cic.gc.ca/english/information/applications/guides/5552ETOC.asp

You could let them know that you plan on applying for PR and maybe they will grant the restoration. Good Luck!

 

[scylla]

you could apply for restoration of status... no guarantee it will be accepted....

Not possible. You can't restore your status as a TRP holder. See the following link:

http://www.cic.gc.ca/english/information/applications/guides/5554ETOC.asp

Specifically this bit:

If your TRP is expired

You cannot restore your temporary resident status as a TRP holder. If your TRP has expired or if you did not respect one of the conditions of your TRP or you have worked or studied without authorization, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to your removal from Canada.

 

[scylla]

Just to add to the above...

I strongly second the recommendation that he should return to the US asap.

 

[canadiangurl]

Thank you again to all that replied, I apreciate it!

Looks like we're going to have to find somewhere for him to go for now hopefully near the boarder where it's still relatively easy for me to visit him and have him apply from there. I was thinking that this is what would have to happen, but just hoping that there was another way :s

Crossing my fingers that we can find a place for him on short notice...

The insight of the people on this forum is unbelievable, I just want to let you all know that it's wonderful to have a community of people out there that know what you're going through and willing to give advice. Trying to get any information about any of this from Canada Immigration itself was a waste of time. They don't want to even talk to anyone unless you already have a number and even then, by the looks of it, you can't get through!

Best of luck to all of you still waiting, and hopefully I can add us on one of the PR app lists soon!