Dear VIP members please help!refused travel documents for minors removed from Ca

[Ayham Ahouban]

Dear VIP members,

I was removed from Canada with my little brother and sister in 2005 when I was 16 years old by my parents whose decision was against mine to stay, few months ago I graduated in business gathered my savings to get back to Canada but unfortunately I found that I need a travel document cause my PR card has expired in oct 2010 , I went to the Canadian embassy and applied for a travel document for me and for my family (5 persons), after about a month I received a refusal with applications to appeal at the IAD in 60 days the reason was that we did n't meet the residency obligation 730 days.. ,now I already got a B1/B2 Visa for valid for 2 years to visit my relatives in the states, at the moment 15 days has passed since receiving the refusal from the embassy, and I have the following questions to ask you:

1- Do I need a lawyer to appeal or I can just complete the applications and mail them on time to the IAD ?

2- is it better to appeal for me, my little brother (20 years old) and younger sister (17 years old) only so I make sure we do n't receive a refusal for the hall family again, or they might make different decisions for each one ?

3- when r they going to report me ? is it when I receive the appeal result if negative ? or i am already reported after the embassy's decision ? or on the borders ?

4- can i enter Canada through the borders from the states by a car as a visitor and stay till i meet the residency obligation then apply for a PR Card ( i am not from a visa exempt country)

5- i have only my expired PR card and my SIN can I apply for the health card, get a driver's licence, find a job and continue my post graduate studies when I settle and stay in Canada, what ID can I use for all these things during the period of waiting to apply for a new card?


actually my parents did n't inform me that my card is going to expire they wanted to hold me till i graduate, so please guide me through the process I'm really confused about what to do in order to get back.

 

[PrincessLuna]

I'm going through a similar PRTD application but for myself only. Its obviously better to apply separately as the H&C grounds don't stand for the adults who removed you! You should have applied for the TD separately as well.

 

[Ayham Ahouban]

yes you're right I shoud have done that
what heppened with your case you still in process ? I also want to know how long does it take to process my appeal if I make it ?

 

[Leon]

You should have applied for yourself only. Try again.

Your brother should apply for himself as well.

Your sister is a minor and should wait until she is 18.

 

[Ayham Ahouban]

thank you very much indeed Leon, but please can you make it clearer do you mean that I need to reapply for a travel document or just proceed with my appeal case? is there a problem if I mail my little bother's files with mine since I have been running the hall applications from the begining?
hope my question above receive acurate answers from you and other VIP members..

appriciate your efforts

best regards

 

[Leon]

I suppose it will not matter if you mail them together. As for the appeal, I suppose you better appeal than apply fresh because you were already refused. For your appeal, write a cover letter stating that you made a mistake when you applied for your parents as well and that you wish to only apply for yourself and why it is important for you to return to Canada.

Your brother should write a letter like that as well.

 

[PMM]

Hi

I suppose it will not matter if you mail them together. As for the appeal, I suppose you better appeal than apply fresh because you were already refused. For your appeal, write a cover letter stating that you made a mistake when you applied for your parents as well and that you wish to only apply for yourself and why it is important for you to return to Canada.

Your brother should write a letter like that as well.

The OP should know that there is not much of a chance to win his appeal, as he waited until he was about 24/25 to attempt return to Canada, rather than at first opportunity when he became an adult at 18/19.

 

[Leon]

True, the odds of getting a travel document decrease the longer you wait but the guidelines for the visa officers actually state to look into if the person is returning at the earliest opportunity after becoming 22 years of age and he has been studying so he should still try it.

 

[Ayham Ahouban]

yes that's right this is my first attempt to get back even I'm 24, I have been studying for five years after the secondary school, once I got my certificates, TOEFL score and bachelor degree ready and stammped I went to the embassy which took a month to respond

-do you advise that I appeal and wait maybe the processing time would be so long!? , is n't it better to enter from the states on the borders then continue !? it's really life threatening here in Damascus ??? :-\

-shall I type and sign my cover letter or hand write it ?

 

[PrincessLuna]

Wouldn't you be eligible to enter other countries as a refugee?
I think you can do either but even if you enter via the US border, you need to appeal as otherwise you will get a removal order (as far as I know). Also in the appeal case it may appear to the panel that you consider yourself above the law if you enter from the US after being refused TD.

 

[Leon]

Since you applied for a TD, immigration is aware of your situation. They refused the TD and if you don't appeal, they will probably revoke your PR. If they revoke your PR, there is no point in trying to cross from the US.

If you had not applied for a TD, you could have tried it but it is too late now.

Your options now, appeal for a TD for yourself only explaining your situation, having been removed by parents, wishing to return now after completing your education, first chance after reaching the age of 22.

You can type up the letter and sign it.

 

[scylla]

Wouldn't you be eligible to enter other countries as a refugee?

No one will accept him as a refugee. Someone who is in danger in their own country don't willingly live there while holding Canadian PR status. Zero chance this will work. And the US will throw him out immediately if he tries this due to the safe third country agreement.

 

[Ayham Ahouban]

important notes !

1- my PR status has been expired while i was removed from Canada as a minor this is why I still here trying to move back

2- I am not seeking a refugee status ! I am fighting for my right of retaining my PR Status

3- No body would mind if I stay in the states since I have 2 years Visa, but my concern is to stay in Canada for the rest of my life.

 

[scylla]

As Leon explained, since the TD has already been refused, your only choice is to appeal if you want to retain your PR status in Canada.

 

[Ayham Ahouban]

I understand these points, but may I ask you a further question, what if the appeal decision would be positive, am I going to apply directly for a new PR card or I need to stay till meeting the residency obligation 730 days ?