Humanitarian & Compassionate Grounds?

[splatmouse]

I am a 31 year old American who on June 18, 2005 (in Windsor, Ontario), married a Canadian who is now 31 and on disability. We have a 6 year old special needs child that, if I leave, will have even more issues. He has been making serious progress since I came back into his life (me and his mother separated for a short time). I am sure that I am criminally inadmissible due to being on probation for a careless driving charge (I was driving a fire truck to a call and the cops in a small town thought I was driving crazy). I don't know what to think since I was let across the border just a week ago. With what she gets from disability they are very much living under the poverty line ($1400 a month for both, not each). I have sold everything that I have to return to Canada to be with her and my son and to give them a good life (which was dumb I know but to destroy him by not coming back was NOT an option). I don't have a college education but a seriously decent resume that includes retail store management. I am pretty witty and in decent health other than some minor things that have already been treated. What are your thoughts for applying on H&C Ground when I do apply? Any questions you may have will be answered quickly. Thanks!

 

[aerogurl87]

Why don't you apply under the family class? I think you have a much better chance of being approved that way.

 

[user828]

H & C is very tough to get, it seems to be reserved for dire straits The officer can sympathize with situation but they see other side of the spectrum and basically mention that certain things are of one's own doing and unless there is a gun pointed towards you, there should be no reason to wait in queue to be sponsored. I have seen this rejection letter and you see many stories in the paper where such requests are rejected even though the situation is way worse in home country

 

[splatmouse]

1. I don't want to leave my son period. If I apply for family class sponsor an I'm rejected I cannot appeal it for 2 years.
2. If I leave my son he will be literally unfixable and a burden to Canada.
3. Other than my disagreement with the government there, this is really more about not leaving my amily and being able to provide for them so they aren't stuck being a burden to society.
4. Could I submit both my regular sponsorship and the H&C request at the same time?

 

[Leon]

You realize you can apply for PR family sponsorship outland and then you would have appeal rights as well as the processing time is shorter. You can still stay in Canada on visitor status when you apply outland.

 

[bdpeople]

1. I don't want to leave my son period. If I apply for family class sponsor an I'm rejected I cannot appeal it for 2 years.

Is there any rule that they dont allow anybody to appeal for 2 years if somebody is rejected in family class sponsorship?R u sure?

 

[splatmouse]

I'm not sure that I will have enough money for the application before my visitor status is up and I have to leave. Also, yes I read it in one of the many handbooks (2 year wait after in Canada denial).

 

[Leon]

I'm not sure that I will have enough money for the application before my visitor status is up and I have to leave. Also, yes I read it in one of the many handbooks (2 year wait after in Canada denial).

By "in Canada" it refers to inland Canada applications but actually they do not have appeal rights for inland. If you are refused, you must leave the country but can apply again outland although it would be wise to order your info from immigration to find out why you were refused so you can correct that first.

Maybe you mean that people who are deported are barred from Canada for 2 years?

If you are on visitor status now and do not have the money to apply, how to you expect to have more money in the near future? You realize that even if you apply on H&C grounds, there will be a long time that your application is pending and you will not be allowed to work.

 

[scylla]

If you apply for H&C, it would be ideal to do it with a lawyer's assistance to increase your chances of success (this isn't an easy route and many/most are refused).

 

[user828]

1. I don't want to leave my son period. If I apply for family class sponsor an I'm rejected I cannot appeal it for 2 years.
2. If I leave my son he will be literally unfixable and a burden to Canada.
3. Other than my disagreement with the government there, this is really more about not leaving my amily and being able to provide for them so they aren't stuck being a burden to society.
4. Could I submit both my regular sponsorship and the H&C request at the same time?

As far as I know, you can

 

[kandc]

H&C might be the only option. If his wife is on disability, as he mentioned in his first post, she won't be able to sponsor him.

Get a lawyer and go from there. I don't know really know anything about H&C but good luck to you.

 

[LeisaP]

The only kind of social assistance you can be on for spousal sponsorship is Disability.
So if your wife is on disability she is still allowed to sponsor you.

 

[kandc]

The only kind of social assistance you can be on for spousal sponsorship is Disability.
So if your wife is on disability she is still allowed to sponsor you.

Oops. You're right. Thanks for correcting me.