H&C Humanitarian Ground with/or Without Failed refugee claim

[aman1986]

So you’re advising her to become undocumented if it’s refused? Illegal?
Ignore the Governments decision?
So basically saying regardless stay anyway

She has Supervisa for 10 years

 

[Copingwithlife]

I am not advising her . . There are a lot of people without status and they are just waiting for the decision of H&C or removal . When the gov send the removal order they must obey the decision but before that up to them . I’m no one to give her my advise . she is asking if her mother can go back to her country while her application in process and return . What can be done in that case ? If someone is having hardship from her country and needs to remain here for a reason it’s normal they decide to remain here but if she wants to leave it’s her choice and basically there is no less chances for her that she can return easily.

Ok
That isn’t what you posted
After someone has taken all legally available options available to stay in Canada , expectation is that they’ll abide by the decision and leave if the decision is negative
Or as you put it “ without status a lot of people stay “

 

[Bryanna]

She has Supervisa for 10 years

But she has now applied for H&C on grounds that won't work

 

[canuck78]

Also taking care of your child is not grounds for a parent to remain in Canada especially if she doesn't have status. That would be considered illegal work. At a certain point your mother will have to return home if she is refused H&C. She has been visiting Canada for quite a long time already so any extension could be refused.

 

[Alien_walkingalone]

Ok
That isn’t what you posted
After someone has taken all legally available options available to stay in Canada , expectation is that they’ll abide by the decision and leave if the decision is negative
Or as you put it “ without status a lot of people stay “

Yes a lot of staying until they receive the removal order. It’s not legal way but you can check the forum how many ppl are posting everyday .I’m no one to say if her h&c will be accepted or not as I’m not an immigration officer but I told her if she wants to stay she can stay but eventually they will remove her now I add it here. This is not her first post in this forum , she was asking the same question for couple of times that if her mother can go to her country while her application in process .eventualy her super visa doesn’t work once she applied for h&c.but I have seen ppl from other forum they were able to extend their stay while h&c was in process.

 

[canuck78]

Yes a lot of staying until they receive the removal order. It’s not legal way but you can check the forum how many ppl are posting everyday .I’m no one to say if her h&c will be accepted or not as I’m not an immigration officer but I told her if she wants to stay she can stay but eventually they will remove her now I add it here. This is not her first post in this forum , she was asking the same question for couple of times that if her mother can go to her country while her application in process .eventualy her super visa doesn’t work once she applied for h&c.but I have seen ppl from other forum they were able to extend their stay while h&c was in process.

Staying until someone gets deported will have longterm repurcussion on her ability to visit Canada so wouldn't suggest that route. Do agree that leaving while an H&C is in process risks not being to reenter so would advise her to remain in Canada.

 

[aman1986]

She has Supervisa for 10 years

Why Supervisa won’t work it means it cancelled now??

 

[aman1986]

Also taking care of your child is not grounds for a parent to remain in Canada especially if she doesn't have status. That would be considered illegal work. At a certain point your mother will have to return home if she is refused H&C. She has been visiting Canada for quite a long time already so any extension could be refused.

One more question can I withdraw file ???

 

[Bryanna]

Why Supervisa won’t work it means it cancelled now??

As I know the facts of your mom's case and I had advised then, she was granted a super visa after a number of TRV refusals in quick succession. In fact, she was lucky to be granted a super visa.

Ideally, she should have stayed for up to two years.... returned to India.... and then attempted another stay after several months.... like any super visa holder would have done.

By extending her stay a number of times to be able to take care of your child.... and now, the H&C application on grounds that your child needs his grandmother (in the best interests of the child), the immigration lawyer has given you bad advice.

As your child lives with both parents, this is not a H&C case of 'best interests from a grandparent' but simply wanting a babysitter. IMO, your mom will be refused and asked to leave. It would also make her re-entry/future visits to Canada very difficult to get. But, of course, this depends on the type of paperwork that you submitted for her H&C application

 

[aman1986]

As I know the facts of your mom's case and I had advised then, she was granted a super visa after a number of TRV refusals in quick succession. In fact, she was lucky to be granted a super visa.

Ideally, she should have stayed for up to two years.... returned to India.... and then attempted another stay after several months.... like any super visa holder would have done.

By extending her stay a number of times to be able to take care of your child.... and now, the H&C application on grounds that your child needs his grandmother (in the best interests of the child), the immigration lawyer has given you bad advice.

As your child lives with both parents, this is not a H&C case of 'best interests from a grandparent' but simply wanting a babysitter. IMO, your mom will be refused and asked to leave. It would also make her re-entry/future visits to Canada very difficult to get. But, of course, this depends on the type of paperwork that you submitted for her H&C application

Ok thanks , but my question is this now can I withdraw my mother file cuz it’s only showing application received ??

 

[Bryanna]

Ok thanks , but my question is this now can I withdraw my mother file cuz it’s only showing application received ??

You can if you'd like to

 

[aman1986]

You can if you'd like to

If I withdraw then it won’t affect Supervisa

 

[aman1986]

If I apply pgp for mother we are not that lucky every year have to file tax to maintain low income if she go back no chance I can work

 

[Rosemary#]

Hello I need help I ran away with my daughter from italy now in US am a victim of human trafficking in italy by some mafia terrorist group I need to seek asylum in canada we my asylum be accepted I have a permanent resident in italy

 

[canuck78]

Hello I need help I ran away with my daughter from italy now in US am a victim of human trafficking in italy by some mafia terrorist group I need to seek asylum in canada we my asylum be accepted I have a permanent resident in italy

No your asylum case won't be accepted given that you have permanent resident status in Italy which is considered a safe country. Did you claim asylum originally in Italy?