INLAND APPLICATIONS 2013

[josuetenista]

When i check the ecase I get only the line that says:
"We received your application for permanent residence on November 4, 2013."

But i don't get anything that says "We started processing your application on...."
Should I worry about it?

 

[greg10]

I am sooooooooooo disappointed

I called CIC. Took about 10 obsessive redialing attempts on my lunch break.

The good news is they rec'd our use of a representative form, so now they can release info to me without having to speak to my husband first every time.

And that is where the good news ends.

Nothing new on our file. Nothing has been looked at our touched, except since that email back in March from Etobicoke asking if they are going to transfer our file or keep it in Mississauga for processing. No answer to that email. Nothing new on processing. No notes about extending our medical or requesting a new one. NADA. NOTHING.

So much for me expecting AIP today or tomorrow

Feeling rather heartbroken...I had gotten my hopes up...*sigh* </3

At least it was the nicest and most helpful agent I've ever connected with at CIC...but not much she can do about what is not there!!

[/quote

ACS i know your frustration, im sorry, just wanna ask about the transferring of your file to local office, do you think there is a really big problem in your file that they need to transfer it? I mean let's just hope everythings gonna be fine

 

[ACS]

My husband has a record in the USA from about 9 years ago, shortly before we met, he was in Canada on a Visitor Visa just travelling, and made the bad decision to cross the border to the USA illegally to see his mother. The judge decided to “make an example” of him (even said so in court) and gave him 3 months in jail. As usually for something like this you just get deported and that is it. He was not deported, but after his 3 months was given voluntary departure. His lawyer told him this would be expunged from his record 5 years after the fact.

So when we applied for his Visitors Visa, we said he did not have any prior convictions, etc.

When we got his US record check it was still on there. We couldn’t afford a lawyer, and called CIC multiple times, and we followed their most consistent answer. Which was to send in a “Application for Criminal Rehabilitation” with the “For Information Only” box checked. As his “crime” does not have an equivalent under Canadian Law. (Normal procedure would just be deportation, no jail time). CIC couldn’t tell us if this would make him ineligible, so that was their suggestion. Technically it should not make him ineligible, but common sense does not reign supreme at CIC.

So we forwarded our “Application for Criminal Rehabilitation” with the “For Information Only” box checked to the Etobicoke office. Who sent it Vegreville. Vegreville sent it back to Etobicoke saying they don’t process this, Etobicoke does. (Yet another great example of how CIC has no idea what it even does!!) Etobicoke then sent it back to us saying the Visa payment form wasn’t signed. Which is because the “For Information Only” is a FREE PROCESS!!!!! Arrrggg!!!

So when we got our GCMS notes in September, the only thing on file was an email from Etobicoke to Mississauga, asking if Mississauga is going to keep our file, or if they are going to forward it to Etobicoke. March 17th. It says “Hi there, We have received an application for Criminal Rehabilitation from XXXXXXXXXX XXXXXX with the For Information Only Box checked off. No fee has been apid and applicant is seeking information wherther he does need to apply for criminal rehabilitation for his violations in the US. The violations appear to be Immigration related back in 2005 in the US. GCMS shows your office has the In Canada spousal application. Would you like the Criminal Rehabilitation application and documents transferred to your office or would you be referring the spousal application to us? Thanks”

There has been NO answer from Mississauga to date. I had the agent check this, and she said there has not yet been a response from Mississauga. I will take this as a positive factor (hopefully?!) At least it looks like there is the OPTION for Mississauga to keep it.

We included the copy of our Application for Criminal Rehabilitation in our PR application, so that they could see all the info too. We were very straightforward and honest about the situation. I addressed it in a cover letter, asking them to please see that we are a legitimate couple, who have known each other almost 9 years, been together for 8, married for 5, with an (almost) 4 yr old son born here in Canada. If they refuse his application they will be uprooting 2 born and raised (3rd & 4th generation Canadians – my son and myself) citizens, because as a family we will have to stick together. We also pointed out that while he made a bad decision almost a decade ago it was not something that endangered anyone, and it was out of desperation to see his mother.

Anyone have any thoughts on this? What you think our chances are??

 

[Ponga]

When i check the ecase I get only the line that says:
"We received your application for permanent residence on November 4, 2013."

But i don't get anything that says "We started processing your application on...."
Should I worry about it?

This is normal because CIC hasn't even touched your portion of the application.

There are 2 people that have to be approved:

Your sponsor (first)

You (sometime after the sponsor approval).

This is why eCas only shows that "We received your application for permanent residence on November 4, 2013."
Until they approve the sponsor (and your relationship as well, since it's part of stage 1 for an Inland applicant), your eCas won't change.

You might get your AIP in ~ 3 months or so, based on how quickly [not] applications are being processed as of today.

 

[greg10]

ACS What I think is there will be no problem with your stage 1 processing coz both of you shows a true and genuine relationship, so i think you will get your Aip soon, i just don't know with the stage 2 processing, let's just hope everythings gonna be fine

 

[Ponga]

My husband has a record in the USA from about 9 years ago, shortly before we met, he was in Canada on a Visitor Visa just travelling, and made the bad decision to cross the border to the USA illegally to see his mother. The judge decided to “make an example” of him (even said so in court) and gave him 3 months in jail. As usually for something like this you just get deported and that is it. He was not deported, but after his 3 months was given voluntary departure. His lawyer told him this would be expunged from his record 5 years after the fact.

So when we applied for his Visitors Visa, we said he did not have any prior convictions, etc.

When we got his US record check it was still on there. We couldn't afford a lawyer, and called CIC multiple times, and we followed their most consistent answer. Which was to send in a “Application for Criminal Rehabilitation” with the “For Information Only” box checked. As his “crime” does not have an equivalent under Canadian Law. (Normal procedure would just be deportation, no jail time). CIC couldn't tell us if this would make him ineligible, so that was their suggestion. Technically it should not make him ineligible, but common sense does not reign supreme at CIC.

So we forwarded our “Application for Criminal Rehabilitation” with the “For Information Only” box checked to the Etobicoke office. Who sent it Vegreville. Vegreville sent it back to Etobicoke saying they don't process this, Etobicoke does. (Yet another great example of how CIC has no idea what it even does!!) Etobicoke then sent it back to us saying the Visa payment form wasn't signed. Which is because the “For Information Only” is a FREE PROCESS!!!!! Arrrggg!!!

So when we got our GCMS notes in September, the only thing on file was an email from Etobicoke to Mississauga, asking if Mississauga is going to keep our file, or if they are going to forward it to Etobicoke. March 17th. It says “Hi there, We have received an application for Criminal Rehabilitation from XXXXXXXXXX XXXXXX with the For Information Only Box checked off. No fee has been apid and applicant is seeking information wherther he does need to apply for criminal rehabilitation for his violations in the US. The violations appear to be Immigration related back in 2005 in the US. GCMS shows your office has the In Canada spousal application. Would you like the Criminal Rehabilitation application and documents transferred to your office or would you be referring the spousal application to us? Thanks”

There has been NO answer from Mississauga to date. I had the agent check this, and she said there has not yet been a response from Mississauga. I will take this as a positive factor (hopefully?!) At least it looks like there is the OPTION for Mississauga to keep it.

We included the copy of our Application for Criminal Rehabilitation in our PR application, so that they could see all the info too. We were very straightforward and honest about the situation. I addressed it in a cover letter, asking them to please see that we are a legitimate couple, who have known each other almost 9 years, been together for 8, married for 5, with an (almost) 4 yr old son born here in Canada. If they refuse his application they will be uprooting 2 born and raised (3rd & 4th generation Canadians – my son and myself) citizens, because as a family we will have to stick together. We also pointed out that while he made a bad decision almost a decade ago it was not something that endangered anyone, and it was out of desperation to see his mother.

Anyone have any thoughts on this? What you think our chances are??

I think the part in bold could come back to haunt you. The truth is that he was convicted, even though his lawyer told him it would be expunged from his record (which apparently it was not). It's possible that this will be seen as misrepresentation by CIC. If your husband has anything from his lawyer (in writing) promising him that this would be expunged from his record, CIC would need to see that. If it was just a verbal promise from the lawyer, then...it might not fly with CIC.

Oh, how I hope I'm wrong about that!

 

[Linden]

I think the part in bold could come back to haunt you. The truth is that he was convicted, even though his lawyer told him it would be expunged from his record (which apparently it was not). It's possible that this will be seen as misrepresentation by CIC.

Oh, how I hope I'm wrong about that!

I asked a lawyer once about something similar with a discrepancy between visitor's visa application and PR application. The lawyer said its not misrepresentation if you made a honest mistake or provided information to the best of your knowledge which was ACS did in their application. What is misrepresentation is when you knowingly provide false information. The fact that ACS provided a letter explained what had happened and was upfront about what happened they should be okay.

 

[Ponga]

I concur wholeheartedly; let's hope that CIC sees it the same way.

 

[ACS]

I think the part in bold could come back to haunt you. The truth is that he was convicted, even though his lawyer told him it would be expunged from his record (which apparently it was not). It's possible that this will be seen as misrepresentation by CIC.

Oh, how I hope I'm wrong about that!

Have you ever heard of them showing any sense of leniency if you are honest and address it from the beginning of your application as we did? We are clearly not some sort of threat to Canada......

 

[ACS]

I asked a lawyer once about something similar with a discrepancy between visitor's visa application and PR application. The lawyer said its not misrepresentation if you made a honest mistake or provided information to the best of your knowledge which was ACS did in their application. What is misrepresentation is when you knowingly provide false information. The fact that ACS provided a letter explained what had happened and was upfront about what happened they should be okay.

I hope so. *fingers crossed* I have remained as stress-free as possible until now. Now I am starting to get really nervous.

 

[Ponga]

Have you ever heard of them showing any sense of leniency if you are honest and address it from the beginning of your application as we did? We are clearly not some sort of threat to Canada......

I would like to believe that even the most weathered VO would have to ignore this, but with CIC...who knows for sure.

Still, if your husband could get something from his lawyer (just in case), it could only help.

The fact that the conviction showed up might make it [Visitor Visa application] difficult to contest, with nothing more than a verbal promise from his lawyer, IMHO.

 

[rvaburay84]

princesultan
post-kt
jayshe25
rvaburay84
robytheron5506
Tilikun
hshi

Do any of you see a change on your ecas yet? And if so, what does it say??

Nothing yet for me ... usually this happens after 1 month of receiving the AIP

 

[greg10]

As of now I do expect that Aug 12 applicants already got their AIPs lol, they are just not here in the forum lol

 

[ACS]

As of now I do expect that Aug 12 applicants already got their AIPs lol, they are just not here in the forum lol

This is true. While we do have a large group, and always get a accurate idea of what they are ACTUALLY processing (or not), we always have to remember there is a substantial group of applicants also NOT on this forum.

 

[ACS]

I would like to believe that even the most weathered VO would have to ignore this, but with CIC...who knows for sure.

Still, if your husband could get something from his lawyer (just in case), it could only help.

The fact that the conviction showed up might make it [Visitor Visa application] difficult to contest, with nothing more than a verbal promise from his lawyer, IMHO.

I will ask my husband if he even remembers the lawyers name. It was almost 10 years ago....

Do you know, if for any reason we were refused for this, is there anything we could do about it?

Since my husband can't work, and I am working 2 jobs, but we still just barely get by, we couldn't afford a lawyer, nor could we afford to pay the fees again to resubmit. If my husband had to leave, there is no way we could make ends meet, since he watches our son, which cuts costs alot (if you have seen the costs of daycare lately). And if he wasn't able to stay in Canada, of course my son and I wouldn't stay here on our own, but to try to move ALL our stuff and leave the country, we couldn't afford it either...if they made him leave we would basically end up broke and probably homeless....we are already in considerable debt trying to manage things until he can work! But pretty much all our Visa's are maxed by now.

I know we could take our story to the media if we were refused...but who's to know if the media would even pick it up.

There have been some pretty positive results for families who take their story to the media...like overturning decisions. Not sure if even that is an option though?!?