DEPORTED FROM US SPOUSE IS STUDENT IN CANADA, CAN I MOVE TO CANADA

[stankmarsh]

Hello all

I was deported from US a few months ago. I tried to appeal for voluntary deportation but was denied that. I was simply deported to my home country in India. My spouse is a student in Canada and she wants me to move to Canada with her. Would it be possible for me to get a spouse visa and live with my family in Canada.

Any help would be much appreciated.

 

[scylla]

You can certainly apply. However based on your recent deportation it's extremely probably you will be refused. If you decide to apply, I would wait six months to re-establish ties in India (e.g. job, place to live). You also must declare your deportation in your Canadian visa application (otherwise you'll end up with a 5 year ban from Canada).

Why were you deported?

 

[stankmarsh]

I was involved in a document fraud. Mostly unintentional. My father is in the defense so I have a place of residence in India. And I am looking for jobs and hopefully find one soon. Meanwhile my friend who was in a similar situation just moved in with his spouse in Canada. He was telling me that no matter what be honest when you file your paper work because US and Canada share immigration information. He said he had to declare in his paperwork that while he had committed a crime unintentionally. The officials looked at it and let him through. This gave me hope but I am skeptical so resorted to reach out to others for help.
Also my spouse will soon become PR. I don't know if being spouse of a PR helps at all. In that case, I'll simply wait until her PR process is through.

 

[scylla]

I was involved in a document fraud. Mostly unintentional. My father is in the defense so I have a place of residence in India. And I am looking for jobs and hopefully find one soon. Meanwhile my friend who was in a similar situation just moved in with his spouse in Canada. He was telling me that no matter what be honest when you file your paper work because US and Canada share immigration information. He said he had to declare in his paperwork that while he had committed a crime unintentionally. The officials looked at it and let him through. This gave me hope but I am skeptical so resorted to reach out to others for help.
Also my spouse will soon become PR. I don't know if being spouse of a PR helps at all. In that case, I'll simply wait until her PR process is through.

Were you charged with an actual crime? Are there outstanding criminal charges or was there a criminal conviction?

A deportation is typically not a problem for an immigration application provided there are no outstanding criminal charges and no criminal conviction. However it's typically a problem for temporary visas like study permits, work permits and visitor visas. To be approved for these, you need to demonstrate that you have strong ties to your home country and have no plans on remaining in Canada long term.

 

[stankmarsh]

I have been living in US since 2008 as a student in a good state university, My luck was bad so was never picked in H1b lottery. In order to maintain my status I joined a university that gave work permit on joining. I was taken aback when i found out there were no classes. I tried to switch but it was too late and I was picked in lottery. My employer said don't change now, lets go ahead with it. So I received RFE and I asked the school for paperwork. I was really surprised that they gave me all the paperwork I need, of course i was charged for it. I was skeptical about sending the documents but I did anyways so I could just get this through and start living a normal life. Later on the university was found fraudulent and all students were deported. I am one of them. I only came back a couple of months ago. With Deported status.
My girl friend at the time was a student in Canada and we eventually got married. But like all relationships, long distance is tough. So we intend to live together. I really dont want her to drop her student status, as she is extremely talented and deserves every bit of success. I wish I could live with her. But if its not possible then I'll just have to live with it.

 

[scylla]

Well - you can always apply and hope for the best. Make sure you are 100% honest about your US immigration history in your application.

 

[Bs65]

You will need an FBI check at some point by the way to support your application and hopefully lesson learnt that if something looks to good to be true then it probably is a scam. Lot of people out there promising visa fastpaths when they have no influence whatsoever but will take your money

 

[MilesAway]

Has your spouse included you in her PR application? She has to.

 

[stankmarsh]

@Bs65: Looking back I feel like a total fool. Suffering for it now, but really don't want to dwell on my past. I'm thinking about the next step.

@Milesaway: I don't think she has yet. But will ask her to include. Also before that happens I'll try as spouse of a student.

 

[canuck_in_uk]

@Bs65: Looking back I feel like a total fool. Suffering for it now, but really don't want to dwell on my past. I'm thinking about the next step.

@Milesaway: I don't think she has yet. But will ask her to include. Also before that happens I'll try as spouse of a student.

You need to be included in her PR app. You need to undergo a medical, obtain your PCCs, get your documents and fill out the relevant forms.

With a recent US deportation, there is pretty much no chance you will be approved for any form of temporary residence in Canada.

 

[stankmarsh]

@canuck_in_uk
Is there any advantage in being included in her PR process. I was worried it will complicate her PR process. Thought she can add me after she gets hers. And then I can move with her as dependent.

My first thought was may be I can move as her Student spouse dependent, but you guys ruled that out.

As depressing as it is, I wont stop trying. And thank you guys for all your inputs. After all this I am thinking it might help to take help from an immigration attorney.

 

[MilesAway]

If she doesn't declare you and add you to her application, then she is committing misrepresentation and can NEVER sponsor you. That also puts her own PR at risk.
She does not have a choice. She must declare you and you must submit medical and police checks.

 

[scylla]

If she doesn't declare you and add you to her application, then she is committing misrepresentation and can NEVER sponsor you. That also puts her own PR at risk.
She does not have a choice. She must declare you and you must submit medical and police checks.

Agreed. She MUST include you in her application.

 

[stankmarsh]

She started her process before we were married, So now she said she will add.

 

[ifeedly]

What you need to do is to contact an immigration professional. they will have a look at the charges against you, if there are any and will be able to advise you to proceed the correct way.
if there are pending charges against you then her PR process will be jeopardized too.
can you prove that you were caught in this fraud incidentally? how long was your association with the university? if this is the same univ in news now a days US dosent seem to press charges against students but just revoke visa and deport.

whatever happens now you need to focus your energy in fighting the circumstances in the legal way and make sure you don't run afoul of Canadian system.
you need help beyond the scope of this forum.This is the time to break open the piggy bank and get professional help.