Hey , I am 21 years old , I have american green card, 2018 I made a refugee claim against usa because they wouldnt let me in because of my small theft misdemeanor( my only stupid small crime) and I needed to go into canada because my mom lives here and I was homeless in the states, my parents were divorced my mom was in canada and my dad kicked me when i was living with him in usa , now they rejected my claim and they are sending me back. When I went to immigration office because they sent me a letter to come in . They told me that I was suppose to be out of the country months ago . No one told me before or no letter came saying i was suppose to leave. I had a court date in Toronto where my refugee claim was denied but not the judge or anyone told me that I had to leave, they told me i have to wait for the mail. And nothing came saying that i needed to leave. And now they turned my departure order to deportation. And I am in tears. My mom cannot survive without me and I cannot survive without her. We are doing a family sponsorship but our lawyer is fishy because we dont have enough money to get a good one. So my question is I'm I able to do anything ?? Can I come back to canada ?? Is there a way to tell the border agents that no letter came to me saying I needed to leave ? And how long would it take for my mom to sponsor me if we would submit it today ( shes has low income ) . Please anyone knows anything that can help me out, I would be more than grateful
HELP PLEASE
- Thread starter Nkhouchaba
- Start date
Sorry, but I don't think there is anything you can do once a deportation order has been issued against you. A sponsorship application won't stop or delay your removal, as you do not need to be in Canada to be sponsored. Only a judge can stay your deportation.
If you have already been deported, you are currently inadmissible and can not re-enter Canada unless you apply for an ARC. Saying that you never received the order is not an excuse; it is your responsibility to ensure that your contact information is correct and up-to-date.
If you want to try to get your mother to sponsor you, you had better apply for it as soon as possible. Unless you are married or have a physical/mental disability, the cutoff age of a dependent child is 22 years. The application timeline is quoted at 12 months. You do not need a lawyer to prepare the application; you should be able to do everything by researching the process and following the instructions. However unless she has a disability, if your mother is on social assistance because of her low income, this may disqualify you from being sponsored because one of the requirements of being a sponsor is that he/she will be financially responsible for whomever he/she is sponsoring without social assistance.
If you have already been deported, you are currently inadmissible and can not re-enter Canada unless you apply for an ARC. Saying that you never received the order is not an excuse; it is your responsibility to ensure that your contact information is correct and up-to-date.
If you want to try to get your mother to sponsor you, you had better apply for it as soon as possible. Unless you are married or have a physical/mental disability, the cutoff age of a dependent child is 22 years. The application timeline is quoted at 12 months. You do not need a lawyer to prepare the application; you should be able to do everything by researching the process and following the instructions. However unless she has a disability, if your mother is on social assistance because of her low income, this may disqualify you from being sponsored because one of the requirements of being a sponsor is that he/she will be financially responsible for whomever he/she is sponsoring without social assistance.
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It's unfortunate that you filed a refugee claim. Your case never had a chance of succeeding.
I agree that you really don't have any options at this point for remaining in Canada and will need to leave. You do have options for returning but have to move quickly.
Your mother can sponsor you - however it's absolutely critical that her application is received as soon as possible She only qualifies to sponsor you while you are still 21. Once you are 22, you will be too old. The application to sponsor you has to reach IRCC before you turn 22. Again, this is absolutely critical. She can sponsor you with a low income however she cannot be on social assistance / welfare. You should expect it will take around 12 months for the sponsorship application to be processed. You will not be able to return to Canada until it is approved.
Your mother should submit the application as soon as possible and you need to make plans to leave and return home. Make sure you pay for your own flight home. If Canada pays for it, you will have to repay these costs as part of the sponsorship process. So you might as well pay for your own flight now.
How did your mom become a PR? Were you included in her PR app and medically examined?
My mom used to be on welfare 2 years ago but she stopped it and since then been working making 800$ a week but shes sti considered low income. Right now she only works check she hasn't been receiving any benefits for the last 2 years. I wasnt warned or told that I had to leave the country,i was told to wait for mail. After I got my letter of decision after being denied for refugeee claim, the paper did not say I had to leave. Then couple months after that paper came to go to missausga to meet with border agent. So if If it was deportation order they wouldve took me on the spot since I was supposedly didnt leave the country by will
So me and my dad and sister and mom were sponsored to supposedly go to america whennour family sponsorship from my dad's sister in america which came in 2012 .my parents divorced in 2010 so my mom made me and my sister leave to america and she stayed in syria. Then my aunt ( moms sister) that lives in canada she sponsored her to come
The border officer told me my chances off acceptance would be 1/10 since the same rights I have in usa there is in canada. But i desperately needed to go in to be with my mom. We are submitting the applications now in less than 2 weeks everything should be submitted but my problem is would it reach by august 1? That's when I turn 22. And would I be able to come back to canada ever ?? ( with a petty theft charge under 500)
Through what program specifically did your mother immigrate to Canada? There is no sibling sponsorship program in Canada.
Again, were you declared and medically examined in her PR application?
It could have been the private sponsorship of 5, then it would have been possible.
However if she came legally and got PR she had to list all her depandants close family in her application. If it was not been done then he can never been sponsored.
Secondly there is also a possible criminal inadmisibility (he mentioned a theft case most likely from USA). And he also mentioned, that he used refugee claim, because he was (maybe) not admissible to Canada in 2018 (so that could be when he was 19 years old). Now if ever that incident happened after he was 18, he might need a rehabilitation first.
Criminal inadmissibility condition is the same for family sponsorship.
At this moment he might need a rather good lawyer.
Hello everyone who cared enough to respond and I appreciate ur timing to help me out. My current status , I complied with the immigration border officers that I was sent a letter to go and meet to talk about my removal ,we had 3 appointmentst imes and I complied with everything and now I am in united states , we applied for family sponsorship a month ago and we still havent recieved the file number, I turn 22 in august 1st, my question is do i have any kind of chance going back to my family ? My american green card expires in a year and I have syrian citizenship and I am not qualified for american citizenship as I been out of the country for more than 2-3 years. My life since a kid going thru a lot never had a chance at anything good in life. Always been struggling, i felt family for once in canada with my mom. Another thing that ive heard about is temporary resident visa but I dont know nothing. So please anyone that can help me i appreciate ur time !!
Is it too late for my moms sponsorship ? Do I have another way of coming in ? I'm I able to go into canada if I say I want to study there ? Please if anyone knows how they can help me in any kind of way u would be doing more than enough for me and I would be very thankful
You have left some questions here unanswered. If you want anyone to be able to give as accurate answers as possible, then answer their questions as well.
1. How did your mother get PR in Canada? What program? Did she apply for PR under an economic program like express entry? Was she sponsored under the group of 5? You NEED to answer this.
2. Were you medically examined when your mother’s PR was processed?
If you are under 22 years old, then your mother should be able to sponsor you for PR as long as she listed you in her application when she applied for PR - and as long as she is not on welfare / social assistance.
If you want to study in Canada, you would need to apply for a study permit. To qualify for a study permit, you would need to show that you have at least $25,000 in savings to pay for your tuition and living expenses. I don't think this is an option for you.
I think your mother sponsoring you is the only realistic option.
Based on this information, yes - you have a chance of being reunited with your family in Canada. However it will take time.
You should expect that it will take around a year for the sponsorship application to be processed and for you to be able to return to Canada. At some point in the process, you will be asked to pay an additional $400 in processing fees for an ARC (Authorization to Return to Canada). This is required since you have a failed refugee claim and because you were deported.
You do not qualify for a temporary resident visa since you are currently inadmissible to Canada due to the failed refugee claim and deportation. There is no point applying for a TRV. It will be refused if you apply.
You can try applying for a TRP (temporary resident permit) which is a special permit for people who are inadmissible to Canada. However there is certainly no guarantee this will be approved.
It's quite possible / likely that you will have to live in the U.S. for another year before you will be allowed to return to Canada.