inadmissibility

[sun_glow]

Hello Guys,

I need some information and would really appreciate anyone that can assist.

My husband was found inadmissible in the US for 5 years for misrepresentation on a visitor's visa application and for a false marriage to a US citizens. He has been barred for 5 years however we want to move to Canada under the Skilled worker program. Will his inadmissibility in the US affect our application for permanent residence in Canada? What is the best way to approach this?

Thank you

 

[clguy]

Hello Guys,

I need some information and would really appreciate anyone that can assist.

My husband was found inadmissible in the US for 5 years for misrepresentation on a visitor's visa application and for a false marriage to a US citizens. He has been barred for 5 years however we want to move to Canada under the Skilled worker program. Will his inadmissibility in the US affect our application for permanent residence in Canada? What is the best way to approach this?

Thank you

Based on what you described it shouldn't affect you as long as you are forthcoming. You will have an opportunity to explain when you are completing your application form. If he was denied admission at a port of entry and deported you should explain the reason. If he was refused a visa you should also explain the grounds for refusal. That what you described isn't grounds for inadmissibility to Canada but if he was convicted and sent to prison or put on probation for the false marriage then that might pose a problem.

 

[scylla]

Hello Guys,

I need some information and would really appreciate anyone that can assist.

My husband was found inadmissible in the US for 5 years for misrepresentation on a visitor's visa application and for a false marriage to a US citizens. He has been barred for 5 years however we want to move to Canada under the Skilled worker program. Will his inadmissibility in the US affect our application for permanent residence in Canada? What is the best way to approach this?

Thank you

It won't be an issue provided he is 100% honest in his application about his immigration history in the US and this refusal.

BTW: I believe marriage fraud carries a lifetime ban in the US.

 

[mike2236]

Based on what you described it shouldn't affect you as long as you are forthcoming. You will have an opportunity to explain when you are completing your application form. If he was denied admission at a port of entry and deported you should explain the reason. If he was refused a visa you should also explain the grounds for refusal. That what you described isn't grounds for inadmissibility to Canada but if he was convicted and sent to prison or put on probation for the false marriage then that might pose a problem.

Remember that you don't need to be convicted to be found inadmissibility as there is the committed an act provision.

 

[ValGonzal]

It won't be an issue provided he is 100% honest in his application about his immigration history in the US and this refusal.

BTW: I believe marriage fraud carries a lifetime ban in the US.

hello scylla, could you provide some info here
For inadmissiblity (due to security reasons), could people request a reason for the same? If there is a misunderstanding, could that be corrected by conversation and evidence? Just asking how the inadmissibility because of security reason works.Merci!

 

[scylla]

hello scylla, could you provide some info here
For inadmissiblity (due to security reasons), could people request a reason for the same? If there is a misunderstanding, could that be corrected by conversation and evidence? Just asking how the inadmissibility because of security reason works.Merci!

I don't know. Inadmissibility for security reasons is a complex matter. You should speak with a lawyer.

 

[ValGonzal]

I don't know. Inadmissibility for security reasons is a complex matter. You should speak with a lawyer.

okay so there is not concrete factor i guess.

 

[13nitinsharma]

hello scylla, could you provide some info here
For inadmissiblity (due to security reasons), could people request a reason for the same? If there is a misunderstanding, could that be corrected by conversation and evidence? Just asking how the inadmissibility because of security reason works.Merci!

To determine whether an applicant poses a security threat, officers will consider background and security checks from various partner agencies (FBI, Interpol, CSIS, etc.), consult police and intelligence reports, and review records of the applicant’s criminal convictions and previous dealings with Canadian immigration. In particular, the Security Intelligence Section of IRCC is responsible for providing officers with intelligence, threat assessments, trend analysis, information on emerging issues or concerns, etc.

To confirm the identity of a person, fingerprints and photographs are required and are also used to conduct background checks with international authorities. Where there is reason to believe that an applicant poses a security threat and there is information that needs to be protected for security reasons, a security certificate may be issued.

In cases where a security certificate has been issued against a person, this fact alone is considered conclusive proof that a person is inadmissible.

Hope this helps!

 

[ValGonzal]

To determine whether an applicant poses a security threat, officers will consider background and security checks from various partner agencies (FBI, Interpol, CSIS, etc.), consult police and intelligence reports, and review records of the applicant’s criminal convictions and previous dealings with Canadian immigration. In particular, the Security Intelligence Section of IRCC is responsible for providing officers with intelligence, threat assessments, trend analysis, information on emerging issues or concerns, etc.

To confirm the identity of a person, fingerprints and photographs are required and are also used to conduct background checks with international authorities. Where there is reason to believe that an applicant poses a security threat and there is information that needs to be protected for security reasons, a security certificate may be issued.

In cases where a security certificate has been issued against a person, this fact alone is considered conclusive proof that a person is inadmissible.

Hope this helps!

so what is the procedure of finding security reasons for inadmissibility? (Assuming criminal records are clean). Does the security issue arise only during immigration when there is a need for application assessment? Or security issue can arise anytime. I mean if there has been no follow ups with any issues by any department, would there be a concern for immigration inadmissibility? ty once again, merci !!

 

[13nitinsharma]

so what is the procedure of finding security reasons for inadmissibility? (Assuming criminal records are clean). Does the security issue arise only during immigration when there is a need for application assessment? Or security issue can arise anytime. I mean if there has been no follow ups with any issues by any department, would there be a concern for immigration inadmissibility? ty once again, merci !!

If there are no issues after performing security checks, then there won't be any concerns to your application.

But remember that, even after becoming PR, if anyone is found inadmissible based on security risks, he will be marked as inadmissible and ordered removal order by CBSA department.