Need advice A.S.A.P

[montana12]

Good afternoon everyone. I haven’t been on this thread in over 3 years and I am looking for some advice on how to go about possibly suing CIC for negligence if that is all possible.

My husband who I sponsored from Mexico in 2012. He committed an offence in the U.S in 2013 and served just days short of a 6 month sentence for crossing the border illegally during his application process to Canada. Stupid I know! We had a lawyer that informed his IO at the time that he had been convicted of an offence before his visa was issued. So we did not misrepresent information in anyway.
Needless to say that they granted my husband to enter into Canada and so we thought that the information we disclosed was looked over and everything was ok.
Long story short is that the IO that was handling my husbands application apparently overlooked his conviction which has currently resulted in him receiving a deportation order. We are currently waiting for a date.
I guess my question is can I sue CIC for them not doing their due diligence on my husbands application since they should have refused his application before they issued his visa?
Any advice would be helpful.

 

[scylla]

Good afternoon everyone. I haven’t been on this thread in over 3 years and I am looking for some advice on how to go about possibly suing CIC for negligence if that is all possible.

My husband who I sponsored from Mexico in 2012. He committed an offence in the U.S in 2013 and served just days short of a 6 month sentence for crossing the border illegally during his application process to Canada. Stupid I know! We had a lawyer that informed his IO at the time that he had been convicted of an offence before his visa was issued. So we did not misrepresent information in anyway.
Needless to say that they granted my husband to enter into Canada and so we thought that the information we disclosed was looked over and everything was ok.
Long story short is that the IO that was handling my husbands application apparently overlooked his conviction which has currently resulted in him receiving a deportation order. We are currently waiting for a date.
I guess my question is can I sue CIC for them not doing their due diligence on my husbands application since they should have refused his application before they issued his visa?
Any advice would be helpful.

You really need to seek legal advice and hire an excellent immigration lawyer to assist you. This situation is too complicated and unique for an internet forum. My guess is that you don't have grounds to sue for negligence and you should instead be focused on seeing what you can do to potentially stop the deportation and keep him in Canada. If it's been five years since he completed the sentence, I'm guessing it would also make sense to submit a rehab application asap (along with whatever else is done). Again - I would start working with an excellent lawyer now. Good luck.

 

[canuck_in_uk]

Good afternoon everyone. I haven’t been on this thread in over 3 years and I am looking for some advice on how to go about possibly suing CIC for negligence if that is all possible.

My husband who I sponsored from Mexico in 2012. He committed an offence in the U.S in 2013 and served just days short of a 6 month sentence for crossing the border illegally during his application process to Canada. Stupid I know! We had a lawyer that informed his IO at the time that he had been convicted of an offence before his visa was issued. So we did not misrepresent information in anyway.
Needless to say that they granted my husband to enter into Canada and so we thought that the information we disclosed was looked over and everything was ok.
Long story short is that the IO that was handling my husbands application apparently overlooked his conviction which has currently resulted in him receiving a deportation order. We are currently waiting for a date.
I guess my question is can I sue CIC for them not doing their due diligence on my husbands application since they should have refused his application before they issued his visa?
Any advice would be helpful.

As said above, get a good lawyer.

What you do have to show that the lawyer informed IRCC of the conviction?

When a person is landing, they are asked if they have been charged/convicted of any crime. They have to answer Yes or No and initial by the answer on the COPR. What does your husband's COPR say?

 

[montana12]

As said above, get a good lawyer.

What you do have to show that the lawyer informed IRCC of the conviction?

When a person is landing, they are asked if they have been charged/convicted of any crime. They have to answer Yes or No and initial by the answer on the COPR. What does your husband's COPR say?

My husband brought all the nessasary paperwork when he landed in Vancouver and he asked if they wanted to see it, they said no and let him thru. In his Foss notes that we received they acknowledged the fact that he had been convicted of an offence. But I would have to look at what his CORP said since I’m not sure

 

[montana12]

You really need to seek legal advice and hire an excellent immigration lawyer to assist you. This situation is too complicated and unique for an internet forum. My guess is that you don't have grounds to sue for negligence and you should instead be focused on seeing what you can do to potentially stop the deportation and keep him in Canada. If it's been five years since he completed the sentence, I'm guessing it would also make sense to submit a rehab application asap (along with whatever else is done). Again - I would start working with an excellent lawyer now. Good luck.

So you don’t think I would have grounds to go after them personally for the fact that they allowed him to enter Canada and then found their mistake, therefore revoking his visa and giving him a deportation order which leaves me in a hardship situation? I kind of thought that CIC would have some kind of onus on their part for creating such an error but I could be wrong.

 

[scylla]

So you don’t think I would have grounds to go after them personally for the fact that they allowed him to enter Canada and then found their mistake, therefore revoking his visa and giving him a deportation order which leaves me in a hardship situation? I kind of thought that CIC would have some kind of onus on their part for creating such an error but I could be wrong.

Again, a lawyer would be the best one to comment.

To answer your question, no - I don't believe going after them personally will work out for you. However I do think you have a chance to try to request some sort of exception or H&C consideration that could allow him to remain in Canada rather than being deported. This is where I would focus my efforts (and money) if I was in your shoes.