Deportation

[Suela]

Good Afternoon, I have a scenero that I hope someone can answer for me.

I am a USA citizen and was married in the USA to my husband who WAS a PR of USA but he was deported back to his country of Jamaica. Should I re-marry him in Jamaica so that him being deported wont deter from becoming a PR of Canada?

 

[matthewc]

As long as the marriage is legally, I don't see why you would need to marry him again. Him being deported doesn't invalidate your marriage.

 

[Suela]

Yes, the marriage is legal and we have been married since 2006. I have heard that although we are married, Canada might refuse him because he has been deported. I would be the one filing for my husband and my daughter at the same time. Any information on that?

 

[PMM]

Hi

Yes, the marriage is legal and we have been married since 2006. I have heard that although we are married, Canada might refuse him because he has been deported. I would be the one filing for my husband and my daughter at the same time. Any information on that?

1. If you qualify see the list of "29" http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list then he and your daughter are included in the application as dependents.
2. His deportation only comes into play if he was deported for anything other than an overstay. For example, criminality, then there is a good chance that he would be inadmissible.
3. Note that if he is not the father of your child, you will need full custody and the right to remove the child from the US.
4. But again you really should check to see if you qualify as an immigrant.