Deported from USA

[albanian09]

Hi everyone,

just joined this forum, and firstly I would like to wish best of luck to everyone in immigrating into Canada thru skill worker route.

As for me: I need some clarification about my chances(whether I have any chance or not :'( :'()before filling out immigration package.

I was deported from United States on Feb 2013. I've been living in my country ever since which is more than a year
I lived in USA for 13 years as an F-1 student (2000 - 2013). Finished Bachelor degree in Computer Science, worked roughly 3 years on EAD (employment authorization doc) as a programmer (software Eng). As my EAD expired, I applied for a new job and filled out I-9 immigration document as if I still had authorization to work which was not the case. As I was charged with working without EAD from a federal court I was eventually deported back to my country even though immigration judge granted me voluntary departure.

So, my question is - will this affect my application for permanent residence in Canada ?
I was looking at SCHEDULE A - Background / Declaration - question 6 which asks about criminal convictions and deportations in any other country. If I check yes - will that triggers rejection of application.

Thank you in advance if anyone would express any opinion.

All the best.

 

[Mani8585]

First of all overstaying in USA and deportation is not considered a criminal offence unless you committed some other crime.

You should not check this box. This offense alone cannot reject your application right away. It's totally up to the visa officer.

BUT

You chances to get PR in Canada will be minimal.

I am sorry if I discouraged you.

Thanks

 

[albanian09]

My "crime" in USA is signing that I-9 immigration form in which i stated that i was eligible to work in USA when in fact i wasn't. This is considered fraud. That's why i got deported. I have no other problems with the law. By the way i have traveled back and forth in canada (Toronto) many times before 2009.

 

[Mani8585]

Immigration fraud is still not considered criminal offense.

The problem is if you are deported from any country you have to mention this (all travel applications have this question). Once the VO see that you been deported from another country he/she won't process your application unless you are extremely lucky (because it is not mentioned anywhere in Canada Immigration Law that if someone is deported from another country should be banned to enter Canada as well)

Thanks

 

[canvis2006]

Immigration fraud is still not considered criminal offense.

The problem is if you are deported from any country you have to mention this (all travel applications have this question). Once the VO see that you been deported from another country he/she won't process your application unless you are extremely lucky (because it is not mentioned anywhere in Canada Immigration Law that if someone is deported from another country should be banned to enter Canada as well)

Thanks

absolutely wrong. As long as he mentions he was deported, and satisfies other criteria and passes the background checks, he will be ok.

There are hundreds of thousands who were illegal in USA, and obtained Canadian PR. As long as he does not have a criminal record in USA, he will be fine. But he must declare it as CIC has access to US systems to verify.

 

[Mani8585]

absolutely wrong. As long as he mentions he was deported, and satisfies other criteria and passes the background checks, he will be ok.

There are hundreds of thousands who were illegal in USA, and obtained Canadian PR. As long as he does not have a criminal record in USA, he will be fine. But he must declare it as CIC has access to US systems to verify.

That's where you are wrong buddy. Living illegal in US and getting deported are two separate things. And I think you didn't read my comment properly, I didn't say anywhere that he is inadmissible.

I SAID CHANCES ARE SLIM

First you need to learn the difference between illegal (undocumented) and deported status and then come back and give someone false hope.

 

[Biborno]

absolutely wrong. As long as he mentions he was deported, and satisfies other criteria and passes the background checks, he will be ok.

There are hundreds of thousands who were illegal in USA, and obtained Canadian PR. As long as he does not have a criminal record in USA, he will be fine. But he must declare it as CIC has access to US systems to verify.

Hi,
I agree!!! as long as you declare in your background form it should not be a problem. My suggestion will be if you qualify to apply for the PR, than you should apply ASAP. But make sure you don't hide anything, just declare all.
Regards,
Biborno

 

[canuck_in_uk]

That's where you are wrong buddy. Living illegal in US and getting deported are two separate things. And I think you didn't read my comment properly, I didn't say anywhere that he is inadmissible.

I SAID CHANCES ARE SLIM

First you need to learn the difference between illegal (undocumented) and deported status and then come back and give someone false hope.

You are wrong.

Living illegally or being deported from the US would quash all chances of getting any form of temporary residency in Canada (either as a worker, student or visitor).

However, neither will affect a permanent residency application.

 

[Mani8585]

You are wrong.

Living illegally or being deported from the US would quash all chances of getting any form of temporary residency in Canada (either as a worker, student or visitor).

However, neither will affect a permanent residency application.

Oh really, I love your baseless theory.

LOL "you are not eligible for temp visa but you are eligible for PR)

Is that some kind of joke?

 

[Goku]

Hi everyone,

just joined this forum, and firstly I would like to wish best of luck to everyone in immigrating into Canada thru skill worker route.

As for me: I need some clarification about my chances(whether I have any chance or not :'( :'()before filling out immigration package.

I was deported from United States on Feb 2013. I've been living in my country ever since which is more than a year
I lived in USA for 13 years as an F-1 student (2000 - 2013). Finished Bachelor degree in Computer Science, worked roughly 3 years on EAD (employment authorization doc) as a programmer (software Eng). As my EAD expired, I applied for a new job and filled out I-9 immigration document as if I still had authorization to work which was not the case. As I was charged with working without EAD from a federal court I was eventually deported back to my country even though immigration judge granted me voluntary departure.

So, my question is - will this affect my application for permanent residence in Canada ?
I was looking at SCHEDULE A - Background / Declaration - question 6 which asks about criminal convictions and deportations in any other country. If I check yes - will that triggers rejection of application.

Thank you in advance if anyone would express any opinion.

All the best.

What I would suggest is mention everything. Check Deportation box. It say to mention reason if any of above is YES. In that description column mention " Please see Annexure 1 & Deportation paper attached". Not disclosing any thing can be very dangerous in your case.

On Annexure 1: Describe whole scenario and sign at bottom. PM me if you need Annexure format.

Other documents: Deportation paper (includes reason of deportation) or any other paper from US authorities explaining deportation if any.

Also you have to submit FBI Clearance report along with application. It will prove that you were not convicted of any criminal case or immigration fraud (I don't know if you were convicted or not.)

No VO will reject you application before looking at the reason of deportation from another country. So don't worry. Only thing that is at the stake is $550.

Hope this helps

 

[guri3577]

Oh really, I love your baseless theory.

LOL "you are not eligible for temp visa but you are eligible for PR)

Is that some kind of joke?

Canuck is right if OP applies for temp. visa to Canada he will be rejected since he hasn't respected the immigration law of another country. However, if he applies for PR then it is a totally different scenario. I know someone who was illegal in UK for 10+ years and was granted PR here through family sponsorship.

 

[albanian09]

Thank you all for giving your advice/opinion on the issue. I decided to go ahead and complete the immigration package because I think qualify for it , I just wasn't sure about the deportation thing. Anyway, besides CAD 550 I have nothing to loose (thanks Goku ). So, going back to the discussion, I actually was not convicted but I took a plea deal with the court and eventually deported. I was not incarcerated , nor put in prison, I just had to stay in detention(3 months) until the case was completed. That's it! So, at question 6 at the form I am going to check yes to letter :

e) been refused admission to, or ordered to leave, Canada or any other country ?

and explain in the space provided !

Do you guys believe I should check any other box ?

thank you.

 

[canuck_in_uk]

Oh really, I love your baseless theory.

LOL "you are not eligible for temp visa but you are eligible for PR)

Is that some kind of joke?

Everyone tells you that you're wrong and you respond like a child, giving negative votes. Grow up.

What I said is based on the fact that CIC allows people who are illegally in Canada or who have been deported from Canada to be sponsored for PR; their illegal status or deportation has no effect on the PR app. CIC doesn't care when the deportation or overstay happened in Canada, let alone a different country. There are many, many Canadian PRs who were deported and/or who overstayed in Canada and other countries.

An illegal overstay shows that a person has no problems abusing temporary resident status and would possibly abuse such status in Canada, so these people have almost no chance of getting temporary status in Canada, either as a visitor, student or worker.

However, this is not a consideration when granting permanent residency, as a PR cannot overstay in Canada.

 

[Ponga]

This really is a no-brainer.

Since the OP states that s/he was DEPORTED (their words, not ours) answering question 6 on Schedule A with anything other than yes is misrepresentation, and since CIC would find out about the deportation on their own anyway...it would likely lead to a denial of the PR application.

 

[taf1011]

Hello albanian09,

Was just curious to know if you did successfully get your PR under the circumstances that you have mentioned above, as I see you did apply for the PR for Canada any ways.

Appreciate your reply on this as I do have some what similar case for my wife...