I am new and looking for help

[elgama]

Hi there, I am from Mexico and I have been applied twice to get a work permit but have beed refused both times, the reason is because I am inadmissible to Canada, I have been charged for domestic violence in the USA on 2011, I demonstrated I didnt hurt my wife, and the charge was misdemeanor, with 3 years probation and a fine, which I paid already, I sent the FBI report, the payment what I did to the court, 3 references from the company where I worked, marry letter, I went to anger managment classes and send evidence, a letter from my wife testifying I didnt hurt her, also I sent a letter explaining all my case.
I knew about been inadmissible, and I know I cant apply for "TRP" because I am not in Canada, also I cant apply for rehabilitation, because when my probation and when I finished paying the fine, was a year ago,and to apply for rehabilitation has to pass 5 years.

I am skilled worker, speak english, having references, but I dont how to convince the immigration agents, I am not criminal, I am not searching to stay there after my work permit ends, I have my wife, my two children,my home, a job, in my home country, my LMIA contract ends on november 11 2015, do I have to re-apply? let me incclude the "x" saying my refusal.

1-"x" After a careful review of your work permit application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act and Regulations I am refusing your application.
2-"x" You are a member of an inadmissible person class of person described in the immigration and Refugee Protection Act. As a result you are inadmissible to Canada pursuant to the following Section(s)
3-"x" You have not satisfied me that you would leave Canada by the end of the period authorized for your stay, in reaching this decision , I considered several factors, including.
"x" Lenght of proposed stay in Canada
"x"Purpose of visit
3-Section 40(1)(a) and Section(2)(a): You are still inadmissible to Canada as a period ot two years has not passed since your prior refusal.

 

[scylla]

You need to forget about Canada until you qualify for rehabilitation. If your probation only ended last year - then it's going to be 2019 before you will qualify for rehabilitation. There's no point trying to apply for any kind of visa (temporary or immigration) until then.

 

[elgama]

Ok I understand and thanks for your time, some lawyer recomend me to fly over the Canadian airport , and once I'll be there to apply for "TRP" , what do you think? I know I am risking.

 

[scylla]

Ok I understand and thanks for your time, some lawyer recomend me to fly over the Canadian airport , and once I'll be there to apply for "TRP"

No - that's impossible. Since you need a visa to enter Canada, no airline will even let you board an airplane to get to Canada. The lawyer who told you this has no idea what he is talking about.

Your only choice would be to apply for a TRP from outside of Canada. To be approved, you would have to prove that you have an urgent/important need to be in Canada. Wanting to work in Canada is not classified as an urgent/important need - so the chances that TRP will be refused are extremely high.

 

[elgama]

thanks again scylla, that means I have to wait at least 4 more years, and search for rehabilitation, what happened if after 4 years I dont apply for rehabilitation and try again only for work permit? I am asking because I know some guy who was charged for DUI twice and deported from USA, after 7 years he gets an LMO and now he is in Canada, he never applied for rehabilitation.

 

[scylla]

thanks again scylla, that means I have to wait at least 4 more years, and search for rehabilitation, what happened if after 4 years I dont apply for rehabilitation and try again only for work permit? I am asking because I know some guy who was charged for DUI twice and deported from USA, after 7 years he gets an LMO and now he is in Canada, he never applied for rehabilitation.

You will have to apply for rehabilitation after four years. If you don't - your work permit will be refused.

As for the guy who never applied for rehabilitation, it sounds like he lied about his history and failed to mention the DUI (and possibly also the deportation). This lie will most likely catch up with him if/when he applies for PR.

 

[elgama]

I need to add, I have been deported from USA when I get charged from domestic violence, doesnt affect me? I know and I understand to apply for rehabilitation, what I mean I have two problems, domestic violence and deportation.

 

[scylla]

I need to add, I have been deported from USA when I get charged from domestic violence, doesnt affect me? I know and I understand to apply for rehabilitation, what I mean I have two problems, domestic violence and deportation.

Once your rehabilitation has been approved and you are applying for a work permit, you will need to mention the deportation in your work permit application. Otherwise there is nothing additional you have to do as a result of the deportation.

 

[elgama]

Pardon! Is not another option to me? Can I apply for a pardon for a crime outside canada? I see some websites from Canada applying for this

 

[scylla]

Pardon! Is not another option to me? Can I apply for a pardon for a crime outside canada? I see some websites from Canada applying for this

First of all, the US is the country that would have to pardon you - not Canada. The pardon needs to be granted by the country where you were charged.

Secondly, even if you are pardoned, this doesn't necessarily mean that you would then be admissible. Canada may still say you are inadmissible and must wait four years and then go through the rehabilitation process. So a pardon may not help you at all.

What was your status while you were in the US (before you were deported)? Did you hold a greencard? Or were you there on a work or study permit?

 

[zardoz]

Hi there, I am from Mexico and I have been applied twice to get a work permit but have beed refused both times, the reason is because I am inadmissible to Canada, I have been charged for domestic violence in the USA on 2011, I demonstrated I didnt hurt my wife, and the charge was misdemeanor, with 3 years probation and a fine, which I paid already, I sent the FBI report, the payment what I did to the court, 3 references from the company where I worked, marry letter, I went to anger managment classes and send evidence, a letter from my wife testifying I didnt hurt her, also I sent a letter explaining all my case.
I knew about been inadmissible, and I know I cant apply for "TRP" because I am not in Canada, also I cant apply for rehabilitation, because when my probation and when I finished paying the fine, was a year ago,and to apply for rehabilitation has to pass 5 years.I

I am skilled worker, speak english, having references, but I dont how to convince the immigration agents, I am not criminal, I am not searching to stay there after my work permit ends, I have my wife, my two children,my home, a job, in my home country, my LMIA contract ends on november 11 2015, do I have to re-apply? let me incclude the "x" saying my refusal.

1-"x" After a careful review of your work permit application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act and Regulations I am refusing your application.
2-"x" You are a member of an inadmissible person class of person described in the immigration and Refugee Protection Act. As a result you are inadmissible to Canada pursuant to the following Section(s)
3-"x" You have not satisfied me that you would leave Canada by the end of the period authorized for your stay, in reaching this decision , I considered several factors, including.
"x" Lenght of proposed stay in Canada
"x"Purpose of visit
3-Section 40(1)(a) and Section(2)(a): You are still inadmissible to Canada as a period ot two years has not passed since your prior refusal.

It seems that nobody has yet commented on your last line. From IRPA,

Misrepresentation

40. (1) A permanent resident or a foreign national is inadmissible for misrepresentation

(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

You are unfortunately banned from Canada for two years for misrepresentation.

 

[scylla]

It seems that nobody has yet commented on your last line. From IRPA, You are unfortunately banned from Canada for two years for misrepresentation.

Yes - I totally missed that. Agreed you have a two year ban for misrepresentation. There is nothing you can do to overturn or change this.

So now it's set in stone. You need to forget about Canada for at least a few years.

You should also assume that even once the ban is over and even once you qualify for rehabilitation, it may be quite difficult - even impossible - for you to get an approved work permit given your immigration history (i.e. Canadian misrepresentation and US deportation).

 

[elgama]

Well, I understood been banned, but I never lied on my application and I won't insist at this time to work in Canada, thats why I sent my FBI record, and many other paper work, NOW I want to do the right thing, I did huge mistake crossing the US border ilegally, that means I was undocumented like many more mexicans, central american and the whole world, now I understand how bad is been undocumented.
I want to ask what happened if some people is on my situation, and get married with a Canadian citizen, how helps to this kind of problems to get a PR? I am not going for this way, I am very happily married, but could help to another people in my situation......thanks for all your help, this an awesome forum, I am learning to not do more mistakes to immigrate.

 

[scylla]

Well, I understood been banned, and I won't insist at this time to work in Canada, thats why I sent my FBI record, and many other paper work, NOW I want to do the right thing, I did huge mistake crossing the US border ilegally, that means I was undocumented like many more mexicans, central american and the whole world, now I understand how bad is been undocumented.
I want to ask what happened if some people is on my situation, and get married with a Canadian citizen, how helps to this kind of problems to get a PR? I am not going for this way, I am very happily married, but could help to another people in my situation......thanks for all your help, this an awesome forum, I am learning to not do more mistakes to immigrate.

If you were undocumented in the US - then you can pretty much forget about ever qualifying for a work, study or visitor visa to Canada. Your immigration history is very problematic (illegal entry and stay in the US, US crime + deportation, misrepresentation on Canadian visa). It's extremely unlikely CIC will ever approve you for a temporary visa of any kind since you've demonstrated by your past behaviour that you don't respect immigration law.

If you marry a Canadian - then you will qualify to be sponsored by that Canadian for PR. However not until 2019 when you qualify for rehabilitation. So you will have to wait a minimum of 4 years before you can apply to be sponsored as a spouse. You should also expect that CIC will look at your application EXTREMELY closely due to your immigration history to ensure your relationship is genuine and you are not just using the Canadian to get to Canada. I would expect longer than usual processing times and an interview where you will have to prove your relationship is real.

 

[elgama]

When I crossed the US border was on 1999, I was very young and I didnt know how terrible is to cross ilegally, and what I said, I didnt lied on my work application to Canada, I have been banned to Canada because I didnt wait two years to re-apply after my first refuse. I already told you, I explained all of this on my work application.