NEW! April 2013! NEED Help/Advice

[Ricemaddie]

Hello, I came across this site on the google search
We desperately need some help or advice please. If you can bear with my story! Thanks so much

Hubby is a non resident of Canada came here on a Student Visa (back in 2004) that expired (back in 2011) and he was convicted and sentence to 15 months imprisonment (last 2012) but was also issue a deportation order. We were in the process of the Inland Sponsorship (Of course got denied due to his criminal Inadmissibility) I am a Canadian Citizen and we have a 2 year old daughter together and are legally married. We currently have a lawyer who submitted the Inland Sponsorship and is working on a PRRA for us. But it looks like our next step would be the TRP to keep him within Canada and with myself and our daughter and family. This is such a pricey process too and I am currently fending on my own.

Anyone in a similar complicated situation?
What was the chances of getting the TRP?
How long was it?
Was your spouse deported?
How was the process in coming back to Canada?

Please offer me any or some advices please!!! Thanks for your time!!

 

[sariss]

What was the conviction?

 

[Ricemaddie]

The conviction was drug trafficking under $5000

 

[LeisaP]

yikes

and the lawyer said he will get approved, even though he is criminally inadmissible for a drug charge?

my spouse was deported but because of a failed refugee, not for a criminal reason. its quite a bit difference in regards to severity and how easy it will be to come back to canada.

 

[Ricemaddie]

Right now our lawyer is going to apply for the TRP. Since it looks like Inland Sponsorship is denied and the PRRA has a low low chance he did say we have a "decent" chance with the TRP. But he wants another payment for that too. And this is already costing us way too much an arm and a leg pretty much and my hubby feels like he's not doing much.

I'm just at a loss don't even know if I can trust any more lawyers and don't even know my husband chance of staying in canada after he gets out of prison.

Any help? Thanks

 

[Daantaat]

I hate to say it, but your husband is a convicted felon and the chances of him entering Canada legally after he leaves prison are probably zero. Unfortunately, the only option I can suggest is that you leave Canada with him and return to his country and try to get citizenship there. Maybe there is a chance that he can apply for a pardon from the Canadian government sometime in the future. If I remember correctly, he would have to have no more criminal convictions for the next 5 years after he is released from prison and once those 5 years have passed he can apply for a pardon. After that time he might be able to apply for a visa to enter Canada.

If you can't or won't move to his country, then you might have to live apart until he can legally enter Canada again.

As for the lawyer, in my opinion he probably already knows that your case will not be successful but is trying to get as much money out of you as he possibly can.

 

[Ricemaddie]

I hate to say it, but your husband is a convicted felon and the chances of him entering Canada legally after he leaves prison are probably zero. Unfortunately, the only option I can suggest is that you leave Canada with him and return to his country and try to get citizenship there. Maybe there is a chance that he can apply for a pardon from the Canadian government sometime in the future. If I remember correctly, he would have to have no more criminal convictions for the next 5 years after he is released from prison and once those 5 years have passed he can apply for a pardon. After that time he might be able to apply for a visa to enter Canada.

If you can't or won't move to his country, then you might have to live apart until he can legally enter Canada again.

As for the lawyer, in my opinion he probably already knows that your case will not be successful but is trying to get as much money out of you as he possibly can.

Thank you for the HONEST opinion. I think you the first to speak the truth in our situation. Lawyers are really just in it for the money and offer little to no advices even though they are your own lawyer. We kind of knew this situation was almost impossible but the lawyer keeps saying we have a decent chance of winning.

We have already gone through countless lawyers. And this current one is the one my husband feels like isn't do much and just keeps telling us to do more payments. I'm at my wits end not knowing what to do and what's going to happen

I know his chance in canada is low to zero but I'm just really hoping for a TRP so he can at least stay with us. He's not a bad person, hes done the best he can of this situation but because of his stupid action when he was younger hanging out with the wrong people got him into this mess now.

Thanks again,

 

[LeisaP]

Honestly I think the only way he would be allowed to stay is maybe on humanitarian and compassionate grounds because you have a daughter together. have u talked to a different lawyer about H&C as an option.
it doesn't hurt to get some opinions from other lawyers and bring up the H&C issue to see what they say about it.

 

[PMM]

Hi

Honestly I think the only way he would be allowed to stay is maybe on humanitarian and compassionate grounds because you have a daughter together. have u talked to a different lawyer about H&C as an option.
it doesn't hurt to get some opinions from other lawyers and bring up the H&C issue to see what they say about it.

Suggest you read 36(1) of the Act

Serious criminality

36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

Therefor as the sentence is more than 6 months, means Humanitarian and Compassionate grounds can't be considered by the IAD.
It is extremely unlikely that a TRP would be issued as he can't apply for rehabilitation he can only apply for record suspension, which he can't do, until 10 years have passed.

 

[Ricemaddie]

Thanks for bringing this up, this was what my hubby was telling to me to tell the lawyer but he had no ideas what we were talking about. I realizing our chances are so low now I am so tired and stress out. My hubby just sits and waits in prison unsure of his fate after his sentence is done, i think we are given false hope. I really don't want to tell my hubby the bad news but its the truth. His chances of staying within Canada is so low even though this lawyer is giving us positive thinking saying we have a chance. Getting the TRP and than hubby can stay with us. The inland was denied and the PRRA will probably be denied too The money we have poured into these lawyers already.

Thanks all,

Hi


Suggest you read 36(1) of the Act

Serious criminality

36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

Therefor as the sentence is more than 6 months, means Humanitarian and Compassionate grounds can't be considered by the IAD.
It is extremely unlikely that a TRP would be issued as he can't apply for rehabilitation he can only apply for record suspension, which he can't do, until 10 years have passed.

 

[LeisaP]

Thanks for bringing this up, this was what my hubby was telling to me to tell the lawyer but he had no ideas what we were talking about. I realizing our chances are so low now I am so tired and stress out. My hubby just sits and waits in prison unsure of his fate after his sentence is done, i think we are given false hope. I really don't want to tell my hubby the bad news but its the truth. His chances of staying within Canada is so low even though this lawyer is giving us positive thinking saying we have a chance. Getting the TRP and than hubby can stay with us. The inland was denied and the PRRA will probably be denied too The money we have poured into these lawyers already.

Thanks all,

yeah after reading that, i agree the lawyer is giving false hope.

what country is your husband from?

 

[Ricemaddie]

He is from vietnam. Came here through a student visa and the offence was committed in 2008 and before or after that he's been a good obeying citizen.