Need help on Request for additional Information of Grandparents

[yogesh83]

Please help me on below situation:

My cousin in Canada had applied for her parents/family under family sponsership category in April , 2010. On Aug 2 , 2013, we have received latter from CPC-M for request of applicant/fmaily information and supporing documents. We have to submit all completed forms IMM 0008,IMM 0008DEP,IMM 5669 ,IMM 5406,IMM 5476 and supporting documents with in the next 90 dates means before October, 30 , 2013. Now, we have below problem:

- Her father was stayed illegally in USA since Aug 2003 - Aug 2013. But when we he went back to india at the airport he got arrasted on the airport and crime branch took his passport and travel doc. Still he did not get all his documentation back from the police station.

- He has passoprt and police clearence ready for his wife and children. Now our problem is that is it OK if we ask the extension while not submitting princiapal application passport details (copy)?
- Also , in filling out the application(IMM 00008) for princiapl applicant we have to sate his residence since last 10 years. Is it OK if we lie to CIC and tell them that he was in INDIA not in USA? on the other side if we state on the same form that he was in USA illegally for last 10 years then we will have to submit Police Clearnce of USA,so will it create problem in his application ?

Thanks,

 

[Betina]

1. you can't send in papers for dependents and not the principal applicant.
2. you don't lie to CIC.

 

[petersiddle28]

So father overstayed US visa and lived there for 10 years. Lot of people do that and go back to India, and it's not an immigration issue from India's perspective - Crime Branch is only mostly involved in "wanted" cases ( so if the system pulled up his name ) and thus he got arrested ( not passing judgement is that the reason he lived thee for 10 years )

Now from Canadian Immigration perspective
1) You can't lie about living in India for 10 years when you were living in US for 10 years ( thats misrepresentation ) and its out and out refusal
2) You need FBI Police Clearance and it seems in this case, CIC will ask for state police clearance too ( need to apply via fingerprinting agency and that takes 2-3 months )
3) All dependents go with Principal applicant and letter will probably state to send everything together not just dependents
4) You will require Indian PCC as well and that is done via passport office so with the crime branch involved, the PCC will show he was caught etc

I am sorry your case looks difficult and will require long background checks and dont even think about lying about residence ( its OK to say you were in USA w/o visa ), all they need is FBI clearance but your problem is mostly about the Indian side

 

[yogesh83]

Thanks for the reply!

Let's say if we state on the form that father was in USA without visa and stayed for 10 years. Then we need to submit FBI and state ploice clearence as well. And getting a both clearences take almost 2-3 months.

But by that we will miss deadline for submitting documents to CPM-M which is October 30 2013. Also, there is one more porblem that when a father entered in USA 10 years before, he got areested by USA immigration border and there he had to submit fingerprint as well. Also, he was using different name than real name when he entered USA 10years before. so Now when we apply for FBI and state clerarence that they will come to know that this person already violated USA immigration law and issued deportation order but still stayed here with wrong name. All this detail with come up in FBI And state clearence in USA. Willl it dealy the time to get those background checks ?Also, Can Canadian Immigration take objection on those arrest in USA and in India too and reject the canadian PR application for whole family?

Thanks,

 

[Betina]

Thanks for the reply!

Let's say if we state on the form that father was in USA without visa and stayed for 10 years. Then we need to submit FBI and state ploice clearence as well. And getting a both clearences take almost 2-3 months.

But by that we will miss deadline for submitting documents to CPM-M which is October 30 2013. Also, there is one more porblem that when a father entered in USA 10 years before, he got areested by USA immigration border and there he had to submit fingerprint as well. Also, he was using different name than real name when he entered USA 10years before. so Now when we apply for FBI and state clerarence that they will come to know that this person already violated USA immigration law and issued deportation order but still stayed here with wrong name. All this detail with come up in FBI And state clearence in USA. Willl it dealy the time to get those background checks ?Also, Can Canadian Immigration take objection on those arrest in USA and in India too and reject the canadian PR application for whole family?

Thanks,

You should get in touch with an immigration lawyer and see if your father has any chance of immigrating to Canada. I think the chances are really-really slim, but you never know. Anyway, your case is so bad that I don't think you will find answers on a forum.

 

[petersiddle28]

Thanks for the reply!

Let's say if we state on the form that father was in USA without visa and stayed for 10 years. Then we need to submit FBI and state ploice clearence as well. And getting a both clearences take almost 2-3 months.

But by that we will miss deadline for submitting documents to CPM-M which is October 30 2013. Also, there is one more porblem that when a father entered in USA 10 years before, he got areested by USA immigration border and there he had to submit fingerprint as well. Also, he was using different name than real name when he entered USA 10years before. so Now when we apply for FBI and state clerarence that they will come to know that this person already violated USA immigration law and issued deportation order but still stayed here with wrong name. All this detail with come up in FBI And state clearence in USA. Willl it dealy the time to get those background checks ?Also, Can Canadian Immigration take objection on those arrest in USA and in India too and reject the canadian PR application for whole family?

Thanks,

Part 1 of the question: You can write letter showing proof that you applied for FBI and they know its pending ( so proof of fingerprints card and letter that you send request )

Part 2 - So he entered US in fraud, was caught in fraud name? then managed to stay there. FBI has record of all those things so yes it will most likely come up

Canadian immigration will determine how these crimes are equivalent in Canada and require rehab - you need to ask an experienced immigration lawyer

Personally, I feel this is a gone case - since there is criminal activity involved in US and India - with passport in crime branch so you can research around but its probably waste of money

If Principal applicant is inadmissible, then whole family is

Parents immigration is very delicate and they love to avoid the application and this is out and out refusal case