It's long and it's complicated. The thing that really sucks is my kids lives are being disrupted and our home is very unsettled. They are scared. This is the first person in their lives that has ever fulfilled the role of 'father' to them. They may not be biological, but families are built on love, not biology
Need some advice! Removal order in process and Sponsorship in process
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To claim asylum the bar is very low. Almost everyone can attempt to apply for asylum although his criminal record should have been flagged very early on. 2 decades in the US would make the possibility of asylum almost non-existent. If someone can threaten him in the US they can threaten him in Canada. Assume he didn’t seek protection in the US or move within the US which would also be an argument against his asylum request. Given the situation I would not waste any money on RAD. Honestly your best bet is for him to remove himself and apply for ARC when he qualifies and applies for sponsorship. Judicial review has no guarantees, will take a long time and will cost a lot of money. You could end up having him removed in the end. A lawyer is also a business owner who wants to bill clients. Would get a consultation from a few lawyers.
Not being rude but given his lack of realistic asylum claim and criminal record your family should have been prepared for potential separation.
Thank you. We did RAD, that failed. Sponsorship applicaiton is being processed, but like i said before, he has to leave by the end of March. I've paid a new lawyer to try and defer the removal, which from what i'm gathering, is likely going to lose. Not sure i will file federal appeal because it just costs way too much money, but so is travelling back and forth with my family to his country to sustain my marriage. I love this man so much and will fight, but I need to choose my battles wisely.
well, i'm from a family of canadians that have been here for 2-3 generations. I'm not an expert in any immigration matters. I didn't seek out to fall in love with someone who didn't have PR. This is new to me and it's scary and challenging.
To answer your question. Once a file has been transferred to etobicoke, its 8 months minimum before any officer look at his file to consider his eligibility for approval in principle which is the first stage approval you mentioned. However, I’ve seen cases where the cbsa actually contacted ircc to make decision on the AIP before they send him back. It’s all depend on the officer in charge of his deportation order. At this point, I don’t see any other option other than just leave and apply online. Lawyers only want your money. Go with him and plead with the officer in charge, he or she might have a change of heart. Etobicoke takes forever before you hear anything.
I am in a somewhat similar position and have become educated on the issue. Angers me that so many resources were wasted processing an application just to delay your husband’s removal. It did cost you a lot of money but an equal and likely more was wasted processing an application that the person knew was going to be denied plus an asylum claim that had very little chances of success. Like many others who were either without status or have a criminal record if you want to return to legal status you have to follow the process. I am sure you have been told that he will have to leave then need to apply for ARC when he qualifies and then apply for sponsorship.
it best to just buy his plane ticket now before cbsa buy it, cost u will have to pay them back $1500 once his file is transfer it's a very low next to impossible chance he'll be approved in principle before the end of march and cbsa is not going to wait, I'm talking from experience, save whatever money you can an apply Outland if he leaves. an remember u can start the Outland process as soon as he leave u don't have to wait a year for exclusion orders to finish some may say otherwise here but am talking from experience if he is approved within the year they will Request arc from him. only issue he will have to overcome his criminal charges.
Ok, so I checked the online tool today and it says that
A letter has been sent to (my husband) on March 4th 2020. Please consider delays in mail delivery before contacting us.
The status still says 'application received'
Is this a good thing? Does this letter reiterate a communication email that someone at IRCC would have had with counsel stating that his application is still in queue? Anyone know what I should expect?
A letter has been sent to (my husband) on March 4th 2020. Please consider delays in mail delivery before contacting us.
The status still says 'application received'
Is this a good thing? Does this letter reiterate a communication email that someone at IRCC would have had with counsel stating that his application is still in queue? Anyone know what I should expect?
So it turns out the IRCC needs some additional information related to my husbands chargers and said that if they receive them they will look at his file since there is a removal in process. I have 30 days and the removal was scheduled for 15 days. Because of the recent pandemic, his removal has been postponed which now gives more time for us to obtain these papers.
I had submitted a deferral request for the CBSA and it wasn't approved or denied, and I was prepared to file with the federal court, but maybe we wont have to. My kids are so happy that he will not be leaving next week! I hope this all works out and even though the pandemic is a factor in our delay, I hope that everyone out there remains healthy and safe!
I had submitted a deferral request for the CBSA and it wasn't approved or denied, and I was prepared to file with the federal court, but maybe we wont have to. My kids are so happy that he will not be leaving next week! I hope this all works out and even though the pandemic is a factor in our delay, I hope that everyone out there remains healthy and safe!
Just to update: After many hours of collecting documentation through this pandemic (which was NOT an easy task) We received a letter yesterday that stated my husband meets the requirements for PR application and she is satisfied with our request for H&C considerations. The officer states in the letter that she has notified CBSA and if they do call us in for an interview, then to bring a copy of the letter.
Because my husband was facing a removal order, he had a date set and everything, the CBSA confinscated his passport.
My question is, Does the CBSA now have to return his passport to him? Will he receive any other identification that he may remain in canada? His Refugee paper had expired as he ended up not being approved the status.
Would love to know what to expect next! Thank you
Because my husband was facing a removal order, he had a date set and everything, the CBSA confinscated his passport.
My question is, Does the CBSA now have to return his passport to him? Will he receive any other identification that he may remain in canada? His Refugee paper had expired as he ended up not being approved the status.
Would love to know what to expect next! Thank you
been in the same situation good news is canada is not removing anyone right now because of the virus only if the person commits a crime like murder. i wont lie to you stay of removals are like a 30% chance and its up to you. see if your application can be transferred to outland that way if he's trying to return earlier than his ban is lifted all he needs to apply for is an ARC. authorization to return to canada
he doesnt get his passport from cbsa . they would send it when he goes for the landing interview