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I will be out of Canada over 3 years as PR status.

Leon

VIP Member
Jun 13, 2008
21,950
1,322
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Pre-Assessed..
Having a lawyer will not protect you from getting reported. However, if you do get reported, you can get yourself an immigration lawyer in Canada after the fact to help you with your appeal.
 

mombee

Member
Dec 22, 2013
19
0
Thank you Leon.

My family still want me to use an immigration lawyer. They said that he can writer a letter which make me easier to let enter. Like your explanation, I think I will need a lawyer after getting a report. However, I've never been in this situation, I don't know what is best to do and what I need to do. Is anyway to convince to my famiy lawyer?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
What happens to you will, I suspect, depend on how YOU respond to the questions that you might face, rather than just dumping a pre-written letter in front of them. That just makes it all look rather too "pre-planned".

Just my opinion of course, because unlike your family, I'm not an immigration expert :D :D :D
 

mombee

Member
Dec 22, 2013
19
0
I miss-typed in last my topic. my family want to use an immigration lawyer--->My family lawyer

My family lawyer said he won't move on the case unless immigration case will be sure. Of course, I don't want to use them till I really need.
Is anyone use an immigration lawyer like this situation? I will try to convince my family lawyer that it not necessary at this point. I do understand 50/50 chance. If I get reported, to use immigration lawyer will change the case? I think it is more important the reason ( I was out of Canada which my ex made me a kidnapper and he was one make us delaying let enter to Canada ) than lawyer's knowledge and power?

I do know some people use immigration lawyer to immigrate. Is anyone use an immigration lawyer for a vaiolation of RO?
 

mombee

Member
Dec 22, 2013
19
0
My family lawyer mentioned as below :

If you want we can go ahead without an immigration lawyer and you can fly to Canada with the kids and take your chances with Canadian Border Services and hope that all goes well. However I think you should be very reluctant to do this. It may be that everything will be fine. However it may be that problems will arise due to the fact that you have stayed out of the country too long. It may be that you might be detained and returned to Japan, with the kids handed over to XXX. Or you might be allowed into Canada after a scary period of detention and questioning, but only as a visitor and only for a short period of time, with the kids being handed over to XXX during your period of detention. I do not know what will or might happen and neither do you and I think that should worry you. However it is up to you to decide. If you tell me that you want to go ahead without getting advice from an immigration lawyer and having an immigration lawyer on call when you arrive in Canada, then that is your choice to make.

Is this be possible to happen? I just feel a pressure to hire an immigration lawyer from my family lawyer.
I'm planing to do without an immigration lawyer and I will prepare the e-mail correspondence to proof my ex made me to not come back to Canada for a long time. Isn't this enough?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I really hate it when lawyers don't actually know the law...
Read http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/enf/enf04-eng.pdf - Section 11.
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Fire your family immigration lawyer immediately. If this lawyer is Canadian you should also report him for providing false information. This is some of the worst and most inaccurate advice I have ever seen coming out of an immigration lawyer.

He either has absolutely no idea what he's doing. Or he is lying to you on purpose to scare you and get business (money) from you. I suspect he's lying to you on purpose to make money off of you.

Your PR card is valid until 2015. There is ZERO chance you will be detained at the border and sent back to Japan if you return before your card expires.

Again, you need to get rid of this lawyer as soon as possible.
 

kimosabe

Star Member
Feb 11, 2014
64
2
mombee said:
My family lawyer mentioned as below :

If you want we can go ahead without an immigration lawyer and you can fly to Canada with the kids and take your chances with Canadian Border Services and hope that all goes well. However I think you should be very reluctant to do this. It may be that everything will be fine. However it may be that problems will arise due to the fact that you have stayed out of the country too long. It may be that you might be detained and returned to Japan, with the kids handed over to XXX. Or you might be allowed into Canada after a scary period of detention and questioning, but only as a visitor and only for a short period of time, with the kids being handed over to XXX during your period of detention. I do not know what will or might happen and neither do you and I think that should worry you. However it is up to you to decide. If you tell me that you want to go ahead without getting advice from an immigration lawyer and having an immigration lawyer on call when you arrive in Canada, then that is your choice to make.

Is this be possible to happen? I just feel a pressure to hire an immigration lawyer from my family lawyer.
I'm planing to do without an immigration lawyer and I will prepare the e-mail correspondence to proof my ex made me to not come back to Canada for a long time. Isn't this enough?
Like others have pointed out, you cannot be sent back to Japan if you enter Canada with a valid (unexpired) PR card, even if you have been out of Canada for so long:

"BSOs must remain cognizant of the fact that the Act gives permanent residents of Canada the right to enter Canada at a POE once it is established that a person is a permanent resident, regardless of non-compliance with the residency obligation in A28 or the presence of other inadmissibilities."
 

mombee

Member
Dec 22, 2013
19
0
Thank you for responses from Zardoz, scylla and kimosabe.

I'm relieved from what my family lawyer mentioned. Again, Thank you.