got deported from usa

[Leon]

If you qualify to apply under skilled worker, I don't see a problem. With certain type of removal orders, you are supposed to apply for an authorization to return but if you are applying for skilled worker, they will automatically process that too if needed.

 

[taf1011]

Hello Leon and SFD,

I see many helpful replies from you guys on this thread and so thought you can help me here with my case which is similar to the case of SFD.

My case is as below,

My wife had traveled to US on a B1/B2 visa (before marriage) and had overstayed in US for about roughly 14 months and then voluntarily exited.

After marriage she planned to travel with me (I had a H1 visa) to US for a short period of time on the same B1/B2 visa as it was still a valid visa as per dates.

We were not aware of the fact that since she had overstayed her last visit and although she had voluntarily exited, her B1/B2 visa had become null and void.

Because, the visa was no more valid she was denied entry to US by the border officers and was deported back to the home country immediately and was charged a 5 year ban under section 212(a)(7)(A)(i)I. She was deported in 2012.

Now I am planning to apply for a Canadian PR under skilled migration program (me as a primary applicant) and (wife as secondary/dependent applicant).

I wanted to know, what are the chance of getting the PR successfully under the above mentioned circumstances for me and my wife, can my PR application be rejected on the grounds that my wife had got deported from US. (My wife did not had any criminal records whatsoever)

Your reply on the above is much appreciated.

 

[scylla]

You won't have any issues applying for PR as long as you are 100% truthful in your application about your wife's immigration history - including the US deportation.

 

[taf1011]

Hello Scylla,

Thanks a lot for your prompt reply on the query raised. That helped me to take my decision. I have decided to go ahead and apply for the PR. I will ensure to provide all the information regarding my wife's immigration history and deportation to CIC upfront.

Appreciate your help on this regards...

 

[SFD]

Hello Leon and SFD,

I see many helpful replies from you guys on this thread and so thought you can help me here with my case which is similar to the case of SFD.

My case is as below,

My wife had traveled to US on a B1/B2 visa (before marriage) and had overstayed in US for about roughly 14 months and then voluntarily exited.

After marriage she planned to travel with me (I had a H1 visa) to US for a short period of time on the same B1/B2 visa as it was still a valid visa as per dates.

We were not aware of the fact that since she had overstayed her last visit and although she had voluntarily exited, her B1/B2 visa had become null and void.

Because, the visa was no more valid she was denied entry to US by the border officers and was deported back to the home country immediately and was charged a 5 year ban under section 212(a)(7)(A)(i)I. She was deported in 2012.

Now I am planning to apply for a Canadian PR under skilled migration program (me as a primary applicant) and (wife as secondary/dependent applicant).

I wanted to know, what are the chance of getting the PR successfully under the above mentioned circumstances for me and my wife, can my PR application be rejected on the grounds that my wife had got deported from US. (My wife did not had any criminal records whatsoever)

Your reply on the above is much appreciated.

Taf1011,

Chances are good as long as your score is high enough. The immigration issue will not affect your case per se.

When we requested the FBI record, it showed my wife immigration matter. What we did at that time, was to write a letter along the application documents and explained what happened.

My wife did not over-stayed: The Immigration Officer for whatever reason decided wife was not eligible to enter, so she had the opportunity to sign the exit form and she returned on her own. It is some kind of deportation with different title. There were no criminal charges so your spouse should not have any problem. My wife returned to the Consulate and got her visa back less than 3 years later. (Yes, they took her fingerprints)

Stay positive and ALWAYS GO with the right information as it may affect you guys in the future if you hide information to the Gov.

Wish you all the best my friend!!!

SFD

 

[Canada.dream]

Hello Guys

I need your advise on my case please:

I am QSW applied for PR in April this year,
In my wife's Background declaration form we indicated "no" to all items relating to question # 6 which is to do with the previous convictions, arrests, charges etc.

Sent a complete file to my Immigration consultant, except the US police Certificate of my wife which was still pending with the FBI, for further submission.

My immigration Consultant, upon sending my file to CIO through Canada post, realized that he received my wife's US police certificate, in which he included it in my file and sent it straight to CIO,

The US report stated that my wife was charged in 2003 and was deported from the US, however my consultant did not modify or change question # 6 in the declaration form.

Now i received an email from my visa office requesting that i refill question # 6 and resend to them.

My question is: will this be considered, by Canadian Immigration officers, a misrepresentation?

If so, although we did not have the intention to provide wrong information in the application, how can we justify that?

Please advise!

 

[SFD]

Hello Guys

I need your advise on my case please:

I am QSW applied for PR in April this year,
In my wife's Background declaration form we indicated "no" to all items relating to question # 6 which is to do with the previous convictions, arrests, charges etc.

Sent a complete file to my Immigration consultant, except the US police Certificate of my wife which was still pending with the FBI, for further submission.

My immigration Consultant, upon sending my file to CIO through Canada post, realized that he received my wife's US police certificate, in which he included it in my file and sent it straight to CIO,

The US report stated that my wife was charged in 2003 and was deported from the US, however my consultant did not modify or change question # 6 in the declaration form.

Now i received an email from my visa office requesting that i refill question # 6 and resend to them.

My question is: will this be considered, by Canadian Immigration officers, a misrepresentation?

If so, although we did not have the intention to provide wrong information in the application, how can we justify that?

Please advise!

Canada.dream,

Just fill the form and resend it. The fact you sent the report somehow shows you were telling the truth. That is ho I see it. Maybe someone else may add more to this. She was charge? Did you she overstay? If it is immigration related, it should be fine... Unless there was something else...

Stay positive, proof read the application and re-send it!!!

All the best,

SFD

 

[taf1011]

Thanks a lot for your reply SFD... That elevated my hopes...

Appreciated Sir....

 

[Canada.dream]

Canada.dream,

Just fill the form and resend it. The fact you sent the report somehow shows you were telling the truth. That is ho I see it. Maybe someone else may add more to this. She was charge? Did you she overstay? If it is immigration related, it should be fine... Unless there was something else...

Stay positive, proof read the application and re-send it!!!

All the best,

SFD

Thanks a lot SFD

Answering your question if my wife was charged - my answer is yes as per the US police report, however my wife stated that she had never been arrested, detained, jailed, convicted or even deported, she decided she wants to leave the US. Until the moment we received the US police report we were not aware that my wife had been in a legal issue in the US at all.

 

[SFD]

Thanks a lot SFD

Answering your question if my wife was charged - my answer is yes as per the US police report, however my wife stated that she had never been arrested, detained, jailed, convicted or even deported, she decided she wants to leave the US. Until the moment we received the US police report we were not aware that my wife had been in a legal issue in the US at all.

No worries! All will be fine. Police Report should be fine. I guess it is the FBI Record that shows the incident.

Anyways, your PR process should move alone.

SFD

 

[Canada.dream]

No worries! All will be fine. Police Report should be fine. I guess it is the FBI Record that shows the incident.

Anyways, your PR process should move alone.

SFD

Thanks a lot again SFD, i hope things will go uncomlicated!

Anybody else would like to put their input on this would be much appreciated.

 

[LAGP]

Hi Leo Leon and everyone
I was deported from USA for: an Inmigrant without an Inmigrant Visa, and in the same time I got a criminal record in a trial (felony for visa fraud). I have never been more than 6 months in each of the 2 travels i did. So Should I say/declare that I was deported/have criminal record in USA if my home country is in Southamerica and I want to go to Canada as inmigrant???
Regards

 

[scylla]

Hi Leo Leon and everyone
I was deported from USA for: an Inmigrant without an Inmigrant Visa, and in the same time I got a criminal record in a trial (felony for visa fraud). I have never been more than 6 months in each of the 2 travels i did. So Should I say/declare that I was deported/have criminal record in USA if my home country is in Southamerica and I want to go to Canada as inmigrant???
Regards

It's mandatory that you declare both the deportation and criminal record in your immigration application to Canada. If you fail to declare it - Canada will find out anyway (the US and Canada share immigration records) - and then your application will be refused and you will be issued with a 5 year ban from Canada for misrepresentation (lying in your application).

 

[Byfaith137]

It's mandatory that you declare bothunder Qydeportation and criminal record in your immigration application to Canada. If you fail to declare it - Canada will find out anyway (the US and Canada share immigration records) - and then your application will be refused and you will be issued with a 5 year ban from Canada for misrepresentation (lying in your application).

Hi, can you pls give your input?
My wife's father applied political asylum in US in 1993. It was denied in 1998 and was granted voluntary departure thru a proceeding. My wife was 17 years old then.
The family didnt depart. But in 2007, me and my wife (both undocumented) voluntary exited the States.
We sent our Permanent resident application in Sept 2015 thru Quebec Skilled Worker.
We declared everything to CIC even the unauthorized work we did.
Will our case be granted PR with our case?
I hope everything will be OK with our file.
Thanks

 

[scylla]

As long as you were 100% honest about your immigration history in your application - you should be fine.

I assume you're aware that any unauthorized work will not be counted as work experience for the purposes of immigration.