I got judge hearing (any advise) + my case details and Timeline

[mwabu1976]

Hi again,

It is really late to get a lawyer. The time I got till Monday is just enough to prepare my documents for the JH.

I did not do anything wrong and I have many documents and evidence that proves this. I'm counting on this and I hope it works.

I will try to get my family. However, I'm worried that they will not be allowed to the hearing room. My appointment letter indicates that only those scheduled for the hearing are allowed in the hearing room. Moreover, They mention that if I got young children, then I should get someone with me to take care of them ( I got 3 1/2 years old son and 3 month old son). They are young specially the new baby which will not be quiet during the hearing.

 

[mwabu1976]

It's this. CIC makes a big deal about wanting to see all valid passports for the last 4 years. Actually for my interview, They wanted to see my old passport even though my current one was over 4 years old. They made a big deal over it.

Most likely the interviewer has a list of stuff they must see (like passports) and if they don't, they just give an RQ because they don't know how to handle cases that don't. The interviewer is for straight forward cases and a judge is for complex ones. It's like the CIC call centre. They are there for basic questions. Anything more advanced and they can't help you.

For some cases, it is easier to check the travel records provided by Canadian Border Authorities instead looking into the passport.

 

[eileenf]

It is really late to get a lawyer. The time I got till Monday is just enough to prepare my documents for the JH. I did not do anything wrong and I have many documents and evidence that proves this. I'm counting on this and I hope it works.

You're right that it is late but it's not too late. Especially since you have your recent ATIP files. Lawyers are not just for the guilty! But of course it is your choice.

I will try to get my family. However, I'm worried that they will not be allowed to the hearing room. My appointment letter indicates that only those scheduled for the hearing are allowed in the hearing room. Moreover, They mention that if I got young children, then I should get someone with me to take care of them.

Ah! I didn't know this. Maybe don't bring your in-laws...If you wanted you could get them to sign affidavits attesting that you have been present in Canada with no travel since date XX and that they see you daily/weekly/monthly/whatever.

 

[Msafiri]

mwabu1976,

What proof of 'active' presence did you submit - e.g. have you obtained your medical record of billing from RAMQ which has details of your billed visits to the doctor, lab tests etc. This is a solid form of proof that you in Canada on the treatment sate on the premise that you are unlikely to send in someone for this as a way to pretend you are in Canada. In comparison 'passive' proof e.g. bank statements where some applicants have given their bank cards to family to use as a way of creating false presence are not always considered unless backed up by other proof.

The self employment angle is always a tough call especially if its the type of job that can be done remotely. The conundrum of multiple document use for Palestine nationals doesn't help.

Check the post on the mandamus process by user walitys who had a CJ hearing for details of his experience.

 

[rayman_m]

When there is no regular passport with entry stamps in both end (destination airport and Canada airport) to proof travel history, I think credit card with local shopping, car insurance, Notice of Assessments, some kind of local body documents for self employed (contracts, letters etc) may help to establish residency.

I wonder if mwabu1976 has submitted income tax return for all 4 years as self-employed which also proofs residency and strong ties with Canada. As Msafiri mentioned that medical record (family clinic visits, lab tests etc) is another strong proof of physical presence. If all these documents has been submitted with the RQ then CJ will sure look at those key documents..

 

[mwabu1976]

mwabu1976,

What proof of 'active' presence did you submit - e.g. have you obtained your medical record of billing from RAMQ which has details of your billed visits to the doctor, lab tests etc. This is a solid form of proof that you in Canada on the treatment sate on the premise that you are unlikely to send in someone for this as a way to pretend you are in Canada. In comparison 'passive' proof e.g. bank statements where some applicants have given their bank cards to family to use as a way of creating false presence are not always considered unless backed up by other proof.

I did not know I could do it this way. I think I did this but the hard way. I collected all the evidence of medical history from my doctors including my dentist. In fact, at that time I did not have kids and I was going to fertility clinic. I enclosed this too in my file.

The self employment angle is always a tough call especially if its the type of job that can be done remotely. The conundrum of multiple document use for Palestine nationals doesn't help.

I reported this in my income tax. I also included detailed documents about my self employment.

 

[mwabu1976]

When there is no regular passport with entry stamps in both end (destination airport and Canada airport) to proof travel history, I think credit card with local shopping, car insurance, Notice of Assessments, some kind of local body documents for self employed (contracts, letters etc) may help to establish residency.

I got all the above document in my file. I got even document such as police tickets.

My passports shows all the entry stamps and they clearly shows that I entered Canada for last time in 20-Nov-2007. from Feb-2008 to Mar-2009 I did not have a passport. which is after my last entry date to Canada. The CIC officer can just simply verify if my last entry date (20-Nov-2007) does match the records of the Canadian Border Authority.

I requested ATIP from the CBSA. However, I did not get it till now. I emailed them asking if it is possible to get my travel record faster, but they replied that they have large number of travel record requests.

I wonder if mwabu1976 has submitted income tax return for all 4 years as self-employed which also proofs residency and strong ties with Canada. As Msafiri mentioned that medical record (family clinic visits, lab tests etc) is another strong proof of physical presence. If all these documents has been submitted with the RQ then CJ will sure look at those key documents..

I did all my income taxes. I submitted my university records. I also submitted records of french courses given by government of Quebec attended by me (Attendance is obligatory to pass these courses and immigration documents must be presented in order to be registered in these courses.)

Above all, my passports are a proof that has all the travel records from 28-Dec-2006 (date landed) to 15-Sep-2010 (date application submitted) Except for 14 months period that I did not have valid passport (from Feb-2007 to Mar-2008). In fact, at that period I used to work on research for a professor in Concordia University. I got paid for that research every two weeks. I enclosed such payments in my file too.

 

[mwabu1976]

Even i can tell something isnt right with your explanation.You are missing something...3 passports? Why?? absent for 143 days?? Thats a lot!! Right there qquestions a lot! Be truthful,be honest, and give credible explanations.

Just for information so readers of my topic can have full picture. I have 3 passport, the first 2 passports each have a validity of one year only. The third passport was valid for two years. Why? it is what the Jordanian Authority gave me. When I asked them about it, they told me that I have to make arrangement to hold a passport from other country cause they may not renew it next time . I know sounds crazy. However, the world is not that nice. Some people will not understand thinking that it is nice everywhere as it is in Canada.

 

[farrous13]

Just for information so readers of my topic can have full picture. I have 3 passport, the first 2 passports each have a validity of one year only. The third passport was valid for two years. Why? it is what the Jordanian Authority gave me. When I asked them about it, they told me that I have to make arrangement to hold a passport from other country cause they may not renew it next time . I know sounds crazy. However, the world is not that nice. Some people will not understand thinking that it is nice everywhere as it is in Canada.

I have a friend with his family who is in the same situation. He does not have a passport. He is a Palestinian who has a travel document. He is far away from applying for the citizenship (he's been here for about a year or so).

Anyhow, you don't need to explain to rude people on the forum, ignore them. You may clarify for others who are really interested in understanding the situation or assisting you.

 

[eileenf]

As a note to mwabu1976, none of here are in a position to judge your case. That is not the function of this forum. You don't need to prove your case to us because we are neither CIC employees nor citizenship judges. Your citizenship hearing will happen in real life, with real people who will be far more qualified and much better informed than anonymous posters on the internet.

That said, hopefully the good advice on this thread stands out from the misinformed trolling.

I wish you much luck preparing for your hearing. Please keep us updated.

 

[mwabu1976]

Hi all,

lets focus on the objective of our subject here.

I exchange experience here with others.

Whatever the outcome of my hearing, I will update all of you with it so others can benefit from my experience.


eileenf

Don't worry. I'm not trying to defend myself. I add more details just to make my case as much clear as possible to all the readers of my topic.

 

[mwabu1976]

Check the post on the mandamus process by user walitys who had a CJ hearing for details of his experience.

walitys did not come back after his hearing .. Not good sign ..

 

[mwabu1976]

I have a friend with his family who is in the same situation. He does not have a passport. He is a Palestinian who has a travel document. He is far away from applying for the citizenship (he's been here for about a year or so).

My topic will be a good reading for him .. I recommend that he read my topic and be ready for anything.

 

[tormenta]

Hi mwabu1976,

As someone who may also have to see a CJ in the future, would you be able to please tell me if the hearing shows up online in your ECAS, or were you only notified in writing?

Bets of luck with the hearing!

 

[mwabu1976]

Hi mwabu1976,

As someone who may also have to see a CJ in the future, would you be able to please tell me if the hearing shows up online in your ECAS, or were you only notified in writing?

Bets of luck with the hearing!

Thanks...


I'm not sure what is ECAS.

I used to check the my application online in the CIC website. But I don't any more because it was never updated. I only checked my file by phone calling the call center.

I got the notice for judge hearing by mail. Before I get the notice, I was told by the call center that a letter was sent to me. They did not tell me it is a JH notice.