Inadmissible for misrepresentation

[tj_punjab]

HI,

I am a Canadian P.R.
My mother has a Canadian Visitor Visa, and has visited me here in Canada. She has no refusals of any sort and lived in India for all her life.
My father lived in the U.S. for 18 years, and went back to India in 2016. He had deportation orders in the U.S. but later was approved work permit and stayed in the U.S. legally until the day he left the U.S.
He applied for a Canada Super Visa, and in the question 2(b), which says have you ever been refused entry, asked to leave Canada or any other country? The consultant from India said 'NO' to this question.
CIC sent a later to explain this, and apologized recognizing it as an unintentional mistake and shared all the material facts and truth.
Because of misrepresentation, he has been made inadmissible under section 40(1)(a) for 5 years. This happened yesterday.

Interestingly, today I received an invitation to apply for the 2018 parents and grandparents program to apply for my parents P.R. within 60 days. Great news!!
But obviously, it means that my father is inadmissible to Canada.
So, should I apply for just my mother or he being inadmissable makes my mother inadmissible as well?
Should I apply for P.R. for both of them or is it better to apply just for my mother?
I meet all the criteria for sponsoring. I am at very high management position in a private company and own my business here as well.

 

[zardoz]

HI,

I am a Canadian P.R.
My mother has a Canadian Visitor Visa, and has visited me here in Canada. She has no refusals of any sort and lived in India for all her life.
My father lived in the U.S. for 18 years, and went back to India in 2016. He had deportation orders in the U.S. but later was approved work permit and stayed in the U.S. legally until the day he left the U.S.
He applied for a Canada Super Visa, and in the question 2(b), which says have you ever been refused entry, asked to leave Canada or any other country? The consultant from India said 'NO' to this question.
CIC sent a later to explain this, and apologized recognizing it as an unintentional mistake and shared all the material facts and truth.
Because of misrepresentation, he has been made inadmissible under section 40(1)(a) for 5 years. This happened yesterday.

Interestingly, today I received an invitation to apply for the 2018 parents and grandparents program to apply for my parents P.R. within 60 days. Great news!!
But obviously, it means that my father is inadmissible to Canada.
So, should I apply for just my mother or he being inadmissable makes my mother inadmissible as well?
Should I apply for P.R. for both of them or is it better to apply just for my mother?
I meet all the criteria for sponsoring. I am at very high management position in a private company and own my business here as well.

As I understand it, him being inadmissible makes your mother inadmissible as well.

 

[scylla]

Agreed with the above. I believe your mother's PR application will be refused because your father is inadmissible. Your mother can certainly come to Canada as a visitor. Your father unfortunately has to forget about coming to Canada in any capacity until 2023.

 

[canuck_in_uk]

HI,

I am a Canadian P.R.
My mother has a Canadian Visitor Visa, and has visited me here in Canada. She has no refusals of any sort and lived in India for all her life.
My father lived in the U.S. for 18 years, and went back to India in 2016. He had deportation orders in the U.S. but later was approved work permit and stayed in the U.S. legally until the day he left the U.S.
He applied for a Canada Super Visa, and in the question 2(b), which says have you ever been refused entry, asked to leave Canada or any other country? The consultant from India said 'NO' to this question.
CIC sent a later to explain this, and apologized recognizing it as an unintentional mistake and shared all the material facts and truth.
Because of misrepresentation, he has been made inadmissible under section 40(1)(a) for 5 years. This happened yesterday.

Interestingly, today I received an invitation to apply for the 2018 parents and grandparents program to apply for my parents P.R. within 60 days. Great news!!
But obviously, it means that my father is inadmissible to Canada.
So, should I apply for just my mother or he being inadmissable makes my mother inadmissible as well?
Should I apply for P.R. for both of them or is it better to apply just for my mother?
I meet all the criteria for sponsoring. I am at very high management position in a private company and own my business here as well.

Also agree with above. Your father being inadmissible also makes your mother inadmissible for PR until the 5 year ban is up.

 

[YVR123]

HI,

I am a Canadian P.R.
My mother has a Canadian Visitor Visa, and has visited me here in Canada. She has no refusals of any sort and lived in India for all her life.
My father lived in the U.S. for 18 years, and went back to India in 2016. He had deportation orders in the U.S. but later was approved work permit and stayed in the U.S. legally until the day he left the U.S.
He applied for a Canada Super Visa, and in the question 2(b), which says have you ever been refused entry, asked to leave Canada or any other country? The consultant from India said 'NO' to this question.
CIC sent a later to explain this, and apologized recognizing it as an unintentional mistake and shared all the material facts and truth.
Because of misrepresentation, he has been made inadmissible under section 40(1)(a) for 5 years. This happened yesterday.

Interestingly, today I received an invitation to apply for the 2018 parents and grandparents program to apply for my parents P.R. within 60 days. Great news!!
But obviously, it means that my father is inadmissible to Canada.
So, should I apply for just my mother or he being inadmissable makes my mother inadmissible as well?
Should I apply for P.R. for both of them or is it better to apply just for my mother?
I meet all the criteria for sponsoring. I am at very high management position in a private company and own my business here as well.

You shouldn't have submitted the interested to sponsor them until your father is admissible again.

 

[tj_punjab]

You shouldn't have submitted the interested to sponsor them until your father is admissible again.

I had applied to sponsor them in january 2018 draw applications, and he became inadmissable as of July 14th 2018.

 

[YVR123]

I had applied to sponsor them in january 2018 draw applications, and he became inadmissable as of July 14th 2018.

That's too bad.

I guess you have to wait 5 years then.

 

[tj_punjab]

That's too bad.

I guess you have to wait 5 years then.

Can't I just apply for my mother alone. They were both legally divorced by a court in Las Vegas, without her presence in the court in 2011.
But, because she was not present, father got divorced legally, and never disclosed this with my mother. He came back to India in Nov 2016 and started living together. Father filed his Super Visa under married status though.
It's such a confusing situation, I think I really need some expert advice.

 

[canuck_in_uk]

Can't I just apply for my mother alone. They were both legally divorced by a court in Las Vegas, without her presence in the court in 2011.
But, because she was not present, father got divorced legally, and never disclosed this with my mother. He came back to India in Nov 2016 and started living together. Father filed his Super Visa under married status though.
It's such a confusing situation, I think I really need some expert advice.

So he divorced her in a foreign country but never told her? And you knew but never told her? That's fucked.

Regardless, they are common-law, so same rules apply.

 

[YVR123]

Can't I just apply for my mother alone. They were both legally divorced by a court in Las Vegas, without her presence in the court in 2011.
But, because she was not present, father got divorced legally, and never disclosed this with my mother. He came back to India in Nov 2016 and started living together. Father filed his Super Visa under married status though.
It's such a confusing situation, I think I really need some expert advice.

This is getting complicated. So they were divorced and then now "common law"... I believe...

Your father's Super Visa application was filled with misrepresentation info... false marital status and missing deportation?

I think since they have lived together since Nov 2016, your parents are common law partners. And you cannot apply for your mother alone.

 

[Wonderland_1010]

Can't I just apply for my mother alone. They were both legally divorced by a court in Las Vegas, without her presence in the court in 2011.
But, because she was not present, father got divorced legally, and never disclosed this with my mother. He came back to India in Nov 2016 and started living together. Father filed his Super Visa under married status though.
It's such a confusing situation, I think I really need some expert advice.

Your parents are in a common law relationship so if you want to sponsor your mother, then your father must be included as well. Due to your father misrepresentation, your mother is inadmissible as well.

 

[tj_punjab]

This is getting complicated. So they were divorced and then now "common law"... I believe...

Your father's Super Visa application was filled with misrepresentation info... false marital status and missing deportation?

I think since they have lived together since Nov 2016, your parents are common law partners. And you cannot apply for your mother alone.

Yes, correct. They were divorced in 2011 with her not present. They started living together since November 2016.
Father applied for SUper visa December 2017 - with her as a spouse, and misrepresentation of missing deportation orders - These were issued in 2011 as well. He was in US legally until Nov 2016 on a work permit, but had a deportation order on a stay.
Anyways,
Nov 2016: they started living together
December 2017: Applied for super visa
January 2018: I applied to sponsor them both
July 19th 2018: She moved out as they were not doing well together
July 31st 2018: We received a letter addressed to father about his 5 years inadmissibilty effective date July 14th 2018.
August 01st 2018: I received invitation to apply for both of them

I am so confused what to do now.

So, they were divorced for years. Lived together recently. Are not living together now. Honestly, I am not even interested in applying for him, and she can provide an affidavit that would never like sponsor him in the future.
Not sure what to do next.

 

[canuck78]

Don't think it is that simple given she was unaware of their divorce and then started living together when he returned to your home country. They acted like they never divorced. Not a lawyer but their situation is complicated.

 

[tj_punjab]

Your parents are in a common law relationship so if you want to sponsor your mother, then your father must be included as well. Due to your father misrepresentation, your mother is inadmissible as well.

Don't think it is that simple given she was unaware of their divorce and then started living together when he returned to your home country. They acted like they never divorced. Not a lawyer but their situation is complicated.

True. The entire thing is complicated. I don't even want to file the case and end up misrepresenting unintentionally. I am looking for some expert advice here, as seems to be a very complicated case.

 

[canuck78]

Did you apply for a TRV for them in 2015? You said they were divorced then but did you apply as married parents?