Imm0008_1e ( backgroud declaration) for overstayed spouse

[spur230]

Hi All,

In Schedue 1 Background/declaration form there is a question
being refused admission to, or ordered to leave Canada or any other country?

My spouse is currently out of status in USA. Her application for change of status was denied.

What do you think we should answer for the above question ( Yes or NO)?

Thanks a lot in advance.

 

[barsindoo]

the truth.

 

[anwar77m]

brother
i think u should say "NO"
THE question is clear
being refused admission to, or ordered to leave Canada or any other country
good luck

 

[hellovn]

If you are overstayed, you are forced to leave by the law.

 

[aakash28]

I was denied a visitor visa once by US EMBASSY. Do i say 'YES'? I was given a student visa earlier than that, but when i completed my study and came back i applied for visit visa on which i was denied.

Now should it be same as 'refused admission'? My understanding is that 'refused admission' refers to do not let someone in to a country when he or she arrives without a visa and seek refuge or some other status.

Am i right?

 

[barsindoo]

I was denied a visitor visa once by US EMBASSY. Do i say 'YES'? I was given a student visa earlier than that, but when i completed my study and came back i applied for visit visa on which i was denied.
Refused visa.

Now should it be same as 'refused admission'? No.My understanding is that 'refused admission' refers to do not let someone in to a country when he or she arrives without a visa and seek refuge or some other status.You can arrive with visa and still be refused entry if the officer is not satisfied.

Am i right?

Peace

 

[lenkact]

Always tell the truth! you and your spouse will prevail. Please tell the truth!

 

[spur230]

Thanks a lot friends for your comment.

I want to tell the truth but what is true in the above scenario? Is it NO as anwar77m said or will it be yes. Please help me with the confusion!

Thanks again.

 

[hao8165]

I think the answer is NO. Refused admission is not the same as overstaying. Your spouse was admitted into the US legally with a valid visa. He/she is not deported, and has not received any documents from the government asking him to leave the US. So the answer is NO. But, on the form where it asks "the status in that country," you should put "out of status."

 

[spur230]

Thank you hao8165.

 

[Prits]

Hi spur230,

you can say no in this case, but are you showing her as your spouse? if yes then tell them the truth in section 11 her "personal history" activity column, other wise it will affect her sponsership in future. Misrepresenation is a big issue in IRPA Canada.

thanks,

 

[Prits]

also check this link on forums, it would hep you for sure!

http://www.canadavisa.com/canada-immigration-discussion-board/my-application-sent-back-reason-t27272.0.html