Convenience marriage in Canadian criminal code

[Bassamazzam]

Hey guys.
Any body knows what is penalty of convenience (fraud)marriage in Canadian criminal code?
A relative committed this in USA and was deported .Is he inadmissible to Canada?

 

[canuck_in_uk]

Hi

The fact that he was deported from the US means he has zero chance of being approved to come to Canada as a temporary resident.

 

[Bassamazzam]

What if not deported and comes to Canadian borders and apply for Asylum??

 

[Buletruck]

Was he charged with marriage fraud in the US?

 

[scylla]

What if not deported and comes to Canadian borders and apply for Asylum??

He'll only be able to apply for asylum if he has relatives in Canada. Otherwise the Safe Third Country Agreement applies.

Even if he is able to apply for asylum he should expect his claim to be very closely examined based on his past immigration history. He better have a real asylum case he can prove - otherwise he's going to end up being sent home.

FYI - if he was charged with married fraud in the US, he's inadmissible for life to the US once he leaves.

 

[Bassamazzam]

Yes he was charged with marriage fraud in USA . My concern is if he comes to Canadian borders and claim asylum will he be allowed to enter canada or turned back from the Borders due to his previous history?is marriage fraud a serious felony that makes him inadmissible at the Borders?thanks

 

[Buletruck]

Only my observations, but I think it will depend on how they classify the marriage fraud charge when he arrives. If they classify it as fraud, it would seem to me, based on the criminal code (up to 14 years in prison in Canada), he's probably ineligible for entry and would be sent back. And they will have access to his records from the US at the border. Not sure what would happen if the US refuses him entry if he is returned.

 

[zardoz]

Only my observations, but I think it will depend on how they classify the marriage fraud charge when he arrives. If they classify it as fraud, it would seem to me, based on the criminal code (up to 14 years in prison in Canada), he's probably ineligible for entry and would be sent back. And they will have access to his records from the US at the border. Not sure what would happen if the US refuses him entry if he is returned.

As I understand it, if Canada denies him entry (highly likely) he effectively has not left the USA. If, on the other hand, Canada allows entry and then rejects asylum, he will be deported to his country of citizenship not the USA. Anyone else got a better idea?

 

[Bassamazzam]

Yes USA will refuse his entry back.
In canada criminal code Fraud is mentioned in general but no details about marriage fraud or convenience marriage. So what I need to know really is what is the equivalent to fraud marriage in Canadian law.

 

[scylla]

Yes USA will refuse his entry back.
In canada criminal code Fraud is mentioned in general but no details about marriage fraud or convenience marriage. So what I need to know really is what is the equivalent to fraud marriage in Canadian law.

Probably best to consult with an experienced immigration lawyer.

 

[Rob_TO]

Yes he was charged with marriage fraud in USA . My concern is if he comes to Canadian borders and claim asylum will he be allowed to enter canada or turned back from the Borders due to his previous history?is marriage fraud a serious felony that makes him inadmissible at the Borders?thanks

I don't think you understand, in general you can't claim asylum at a Canada/USA land border unless you have family members living in Canada at the time. This has nothing to do with having a criminal record. USA is already deemed a "safe" country so it's expected if he has a legitimate reason he needs to claim asylum in USA. He will be denied at the border and turned back to USA.

The marriage fraud thing will just complicate matters further to ever get into Canada some other way.

 

[Bassamazzam]

Rob_TO
Thank you.Yes I know about 3rd. Safe country.
And yes he has blood 1st. Degree relative who is Canadian but the only issue is whether he will be refused admission to Canada at the Borders or sent back due to his immigration history in USA.some people say they might admit him and be in custody till he will appear in front of the judge.some people say no he is considered inadmissible and turned back to USA and in his case he has no visa to reenter USA.
I think the Canadian will look at his offence and see what is equivalent to that in Canadian criminal law.Here is the point we need to know what is the penalty of convenience marriage in canada and whether it is the same as penalty in USA ,less or more.Thank you

 

[Rob_TO]

In that case, yes he should just be worried about criminality. Marriage fraud is a criminal case also in Canada. See here: http://laws-lois.justice.gc.ca/eng/acts/I-2.5/FullText.html

Misrepresentation

127 No person shall knowingly

(a) directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

(b) communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or

(c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act.


128 A person who contravenes a provision of section 126 or 127 is guilty of an offence and liable

(a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; or

 

[Avadava]

Just thought I would add to this convo that:

"Eligibility
Some people are not eligible to claim refugee protection in Canada.

Officers receiving your refugee claim will decide whether it is eligible for referral to the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal that makes decisions on immigration and refugee matters. The IRB decides who is a Convention refugee or a person in need of protection.

Your refugee claim may not be eligible for referral to the IRB if:

You have been recognized as a Convention refugee by another country to which you can return;
You have already been granted protected person status in Canada;
You arrived via the Canada-United States border;
You are not admissible to Canada on security grounds, or because of criminal activity or human rights violations;
You made a previous refugee claim that was found to be ineligible for referral to the IRB;
You made a previous refugee claim that was rejected by the IRB; or
You abandoned or withdrew a previous refugee claim."

http://www.cic.gc.ca/english/refugees/inside/apply-who.asp

I think the points in bold apply to your friend, so I don't believe he will be successful in obtaining asylum in Canada.