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Mom Can't Leave Canada without her children...

parker24

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http://ca.news.yahoo.com/mom-cant-leave-canada-children-stay-either-090131812.html

An American mother with five Canadian children who lives in B.C. is shedding light on an immigration dilemma she says leaves her family at risk and dependent on charity.
“It’s a heartbreaking scenario — to watch your children when they are going to school and they are hungry,” said Heidi Roggero.
Roggero is the ex-spouse of a Canadian — with no legal status in Canada — who can’t go back to the U.S. unless she abandons or kidnaps her children.
“I have a restraining order that prevents me from taking my children across the U.S. border,” said Roggero, who relies on friends and neighbours, as well as the food bank and the school, to help feed and clothe her kids.
“I also cannot legally work in Canada … and we can’t get welfare or assisted housing. We have heavily relied on the goodwill of just the average Canadian citizen.”
Roggero moved to B.C. with her Canadian husband in 2000 and they separated in 2009. They have five children, all under the age of 14, who are all considered to have dual citizenship.
Roggero said that while she was married her husband repeatedly failed or refused to sign immigration papers to sponsor her to stay in Canada.
Roggero is now living here illegally — because her temporary visitor status expired in 2010.
“It’s a day to day thing. Do we have food today? Do we have milk for you to drink today?” said Roggero. “It’s an unacceptable situation … we are between a rock and a hard place.”
The courts have barred her from leaving Canada with her children, because their father shares custody. Records show Roggero’s ex-husband was ordered to pay $3,290 in support every month, but he is more than $33,000 in arrears.
Roggero said his wages have now been garnished, so she has received some partial payments. CBC News tried to reach her ex-husband, Todd Reid, for comment on this story, but got no response.
Roggero was advised that she can apply to stay in Canada legally, on humanitarian and compassionate grounds. However, she says she is reluctant to do that because that might cause immigration authorities to deport her.
"I'm told there’s very little guarantee [of success],” she said. “I don’t want to 'out' myself and then get deported and have to leave my children in this situation.”
Even though she's American, Roggero said she is terribly afraid of being deported to the U.S., because she couldn’t take her children home with her and also wouldn’t be able to come back.
She said she feels safer going public with her story, in the hopes that will get her children some assistance.
“You want your children to feel like they are important to somebody — that what they are going through matters to somebody,” said Roggero.
YWCA Metro Vancouver recently studied this problem, after hearing from 60 mothers in the same dilemma.
Lisa Rupert, director of the YWCA’s Monroe shelter, said the women they interviewed are stuck between a rock and a hard place — some even resort to prostitution so they can buy groceries.
“Some of the women that I’ve talked to are engaging in the sex trade — or they are dating new men that they wouldn’t have chosen to be with otherwise to put food on the table for their children. Some are working under the table," said Rupert.
Meantime, Rupert said, it takes two years for applications under humanitarian and compassionate grounds to be processed.
“It can drag out for years," said Rupert. "We would like to see some sort of special measure so that women in this situation have a special category or else are fast tracked."
Rupert said the YWCA is also working with the B.C. government on a program that would give social assistance to foreign-born mothers stranded in Canada while they wait for their immigration files to be processed. The B.C. government indicated that has yet to be finalized.
Citizenship and Immigration Canada told CBC News that women in Roggero’s situation do have special grounds to apply for status, in the "best interests" of their children.
"The applicant must prove that their hardship is unusual, undeserved or excessive and the result of circumstances beyond their control," wrote CIC spokeswoman Johanne Nadeau. “During the processing of an [humanitarian and compassionate] application, the decision maker also considers the best interests of any child affected and the individual’s establishment and ties in Canada.”
Figures from the department show approximately one-third of all applications in the humanitarian and compassionate category are denied.
The parliamentary secretary to the immigration minister told CBC News the government is hoping to cut down on the application backlogs, through immigration reform legislation.
“That would bring a 'just in time' delivery process,” said Rick Dykstra, who encouraged Roggero to apply for legal status as soon as possible.
“We certainly then will be able to work with the file and actually have someone make a pre-determination as to what the current status would be,” said Dykstra.
“There definitely are cases where mothers have been successful in very similar circumstances under humanitarian and compassionate grounds to be able to remain here in Canada.”


This makes me so mad! :mad:
 

canadiangirl78

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Interesting situation. I don't understand why she didn't start tackling this in 2010 when her visa expired. I know she is afraid of being deported but in the long run she needs to be able to take care of her children. I am assuming she has dual custody since she cannot take her children to the US so that would mean her husband is paying child support or something so why are the 5 kids going hungry? If he isn't supporting them then she should be able to take them out of the US. Tough situation, hopefully the media attention will get her a visa. This is why you have to be careful who you marry! He must be a real jerk!
 

CharlieD10

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I read this story and I was not impressed with either the mother or the father.

1) They had five children together in twelve years, and yet he refused to sponsor her. Excuse me, but, how was she able to LIVE in Canada all this time without anyone catching on? You want to tell me she did nothing in all this time that required her to have some kind of status other than visitor? Never opened a bank account, drove a car, anything?

2) They were divorced in 2009, 3 years later she's going to the media to get attention when she's never even attempted to file for H&C? She could have had it by now, if she tried 3 years ago. Or at least been somewhere in the process, not sitting in the cold waiting on her temporary status to run out. I realize maybe she didn't have money for a lawyer, but TRY! Nothing beats a failure but a try.

3) He owes $33,000 in child support. Really? You take someone out of their country, live with them, have children with them, and then walk away and ignore your court-ordered (nevermind your MORAL) obligation to care for these children? Real prize winner, that one.

She should not be expecting to jump the line because she has five children. She was lackadaisical about addressing her situation, and it is no-one's responsibility but her own that she is where she is now. Furthermore, if you don't want to be deported, you really shouldn't be proclaiming in the press that you have been living in Canada without status!
 

canuck0469

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This is quite interesting, FMEP (Family Maintenance Enforcement program) will go after everything he has not just garnashie his wage. My daughter had a 'dead beat' husband and 20 mins with him in court the judge made it perfectly clear that they would take everything he had if he didn't pay, and once that was gone he would be incarcerated. I realize you can't get blood out of a stone but many ways to harness him.
As for her, living off the good graces of others would last a couple weeks or a month at most so she is obviously on welfare, illegally, and someone caught up with her and that is why she is screaming now. She was good for 3 years and something has changed how she survived during that time. She states she couldn't get welfare legally but that is not hard to get, very little proof req'd other than proving you don't have any money. Many people scam the taxpayer with the husband working away and the mother goes on welfare. The fact that he is $33,000 behind and support is $3,290/month is 10 monthly payments behind so either he stopped paying 10 months ago or started developing a pattern awhile ago that needed to be addressed at the time. I hope the media will delve a little deeper into this one as I think they are being played to let her jump the queue
 

Sunshine87

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While I really feel for her situation, I don't understand how she got herself in such a mess. Wouldn't red flags be going off if the man that you so dearly loved didn't want to sponsor you? The guy seems like such a deadbeat, given his disregard for paying child support. All that's stopping her from taking her kids back to the US is his consent. I'd be going after him for that, instead of sitting around.. HOPING not to be deported and hoping you'll have help to feed your kids.

Sad story. I feel bad for those kids :(
 

dair2dv8103100

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CharlieD10 and canuck0469 both make points I suggested yesterday on another site talking about this article.

On top of those points I was also suggesting that if it is 10 months ago that the payments stopped.... did something change in his situation that made it impossible for him to pay that kind of grandiose amount of child support anymore. It would take time for the courts to amend the agreement, assuming he approached the courts with any changes. They are garnishing his wages and she is receiving partial payments... that to me sounds like either his wages or hours were cut. Maybe he was laid off and is not making the kind of income he did before. We don't know if he was still attempting to pay something during those 10 months. The courts will just assume since it was not the full amount that he owes it all. I am NOT giving him an excuse to not take care of his kids. But to be fair to him without knowing the WHOLE story it really sounds to me like something happened on his end that might have been out of his control.

To me it looks like she was living off this support until 10 months ago therefore not needing welfare. She was negligent in persuing immigration issues and just figured that this situation would never change. Once it did however she is now in a tough spot because she was not proactive in her persuit of PR.

As a mother I can understand a plea on behalf of her kids.
As a woman I can see that this man may have been controlling and manipulative in regards to immigration and possibly other things in the relationship.
As an outsider I can see manipulation on both sides here.

Ultimately my concern is for the kids who are being used in this story of manipulation... on both sides! I hope the kids get the things they need to be taken care of properly.

Remember... this is a very one-sided story. There is a lot of information missing that we don't know about them and their personal relationship.
 

Isometry

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I'm honestly curious as to how she was there long enough to have five kids without ever getting PR. Was she there as a "temporary visitor" for a whole decade?

I'm also thinking that the $33,000 her ex owes is from him making partial payments over an extended period, rather than stopping abruptly ten months ago.
 

dair2dv8103100

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Isometry said:
I'm honestly curious as to how she was there long enough to have five kids without ever getting PR. Was she there as a "temporary visitor" for a whole decade?
In the article is says her husband would not sign to sponsor her for PR. Therefore she would not have been able to apply for it..at least under the Family category. BUT she should have persued some other form of staying here legally.

Isometry said:
I'm also thinking that the $33,000 her ex owes is from him making partial payments over an extended period, rather than stopping abruptly ten months ago.
This could very well be true and if that is the case then it was up to him to go to the courts to say he could not afford those payments (if that is the case).


As I said.. there is a ton of information missing from this article. It is very obviously a plea to the public for help for the kids. However, I still think there is something fishy about the whole situation.
 

rjessome

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This is poor reporting as well. You all realize that until you came onto these forums most of us didn't know anything about immigration to Canada either. It's a complicated, tricky process. I saw a suggestion about getting her status extended as visitor. I suspect she had that done several times given how long she's been here. They will only do that for so long and if he has no intention of sponsoring her they probably refused her last request for an extension. She had no way of getting her status normalized. She is also not on welfare because she's not eligible to receive it. Full stop. But the H&C should have been investigated as soon as they separated or at least when courts ordered that she not be allowed to leave the jurisdiction with the kids. I'm a mother and I wouldn't leave my children either. A good consultant/lawyer would have gotten the wheels moving on the H&C and would have applied for a TRP as well. But she probably didn't have the money to hire anyone to help her.

This is the kind of H&C case that WOULD be approved! I know that for a fact so they are sensationalizing this point, although what they report is true as far as statistics go. But it's skewed. And not all of them take 2 years.
 

bbiery

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I think this is a problem with the government not thoroughly vetting visitor status cases unless she was staying illegally. Visitor extensions are typically only granted for 6 month increments if you don't have a PR application in process. Theres no way she got enough extensions to have 5 kids and if she did the government failed as she had to have either a) been living in Canada permanently on a visitor status or b) crossed the border while pregnant or with kids in tow. At that point the officer should have realized she isn't "visiting". Personally I don't enough know how this fiasco is even possible.