Out of Compliance? Now can I be in removal?

[Mark12345]

I had been out of compliance for not meeting the residency obligation. I had applied extension under Humanitarian Grounds. I received a letter that the Immigration Office has initiated Permanent Resident investigation( I had asked for renewal on HC) and I had to present documentation in 30 days,I did not do that.
I am not sure if I should wait and apply to for citizenship. I was allowed to enter Canada after I provided documentation of H.C. Now I have completed my R.O but some one told I could be out of status or have removal orders.
Just wondering if that is possible.

 

[Mark12345]

I hope someone can guide me on this

 

[jakklondon]

Get all your documents together and consult immigration attorney (not consultant, but licensed attorney). If you failed to provide documents within required time period, you may be out of luck. If you have deportation orders, someone must review all the notes in the system and the basis of deportation, to give you advise on what you can do. Laymen in the forum can guide with simplest matters. You seem to have complicated case. Hire an attorney.

 

[Tubsmagee]

I had been out of compliance for not meeting the residency obligation. I had applied extension under Humanitarian Grounds. I received a letter that the Immigration Office has initiated Permanent Resident investigation( I had asked for renewal on HC) and I had to present documentation in 30 days,I did not do that.
I am not sure if I should wait and apply to for citizenship. I was allowed to enter Canada after I provided documentation of H.C. Now I have completed my R.O but some one told I could be out of status or have removal orders.
Just wondering if that is possible.

@Mark12345 - Can you clarify what you applied for (PRTD or PR renewal)and what the letter giving you 30 days actually said?

 

[scylla]

I had been out of compliance for not meeting the residency obligation. I had applied extension under Humanitarian Grounds. I received a letter that the Immigration Office has initiated Permanent Resident investigation( I had asked for renewal on HC) and I had to present documentation in 30 days,I did not do that.
I am not sure if I should wait and apply to for citizenship. I was allowed to enter Canada after I provided documentation of H.C. Now I have completed my R.O but some one told I could be out of status or have removal orders.
Just wondering if that is possible.

Do you still have the email that you received indicating that the Immigration Office has initiated Permanent Resident investigation? Can you post the full text here removing personal information such as your name?

Generally if there's an ask for information in these circumstances and you simply don't respond, that triggers a loss of your PR status. Did you respond at at all to the request for information? You mention that you did not respond within 30 days. Does this mean that you responded with the information they requested after 30 days (i.e. late) or that you didn't respond at all?

I agree that you need to consult with an immigration lawyer at this point. Don't apply for citizenship (or anything else). There's certainly a possibility your PR status is already gone and you're simply living in Canada without status.

 

[Mark12345]

This letter refers to your application for a Permanent Resident Card.

Section A28 (1) of the Immigration and Refugee Protection Act requires permanent residents to comply with the residency obligation described in that section.

Based on the information that you provided in your letter that we received on XXXXXXX it appears that you may be working in the United States and may not actually be residing in Canada. As a result, this office cannot assess your eligibility for a Permanent Resident Card. If you want to continue with your application, you must confirm your current whereabouts. You can do so by sending a letter to the address above by September XXXXXx.

 

[Mark12345]

This letter refers to your application for a Permanent Resident Card.

Section A28 (1) of the Immigration and Refugee Protection Act requires permanent residents to comply with the residency obligation described in that section.

Based on the information that you provided in your letter that we received on XXXXXXXX, you are not in Canada. As a result, this office cannot assess your eligibility for a Permanent Resident Card. If you want to continue with your application, you must make an application for a Travel Document (Permanent Resident Abroad) at the nearest Canadian visa office. The visa office will then determine whether you have met your residency obligation.


You should go to the Citizenship and Immigration website at www.cic.gc.ca/english/information/applications/travel.asp to find information on how to apply for a Travel Document (Permanent Resident Abroad).

Your application for a Permanent Resident Card will be kept at our office until

XXXXXXXX If you obtain a Travel Document (Permanent Resident Abroad) within this time, you must provide a copy to this office. We will give instructions on how to proceed once we receive a copy of your Travel Document (Permanent Resident Abroad).

If you do not provide a copy of a Travel Document (Permanent Resident Abroad) to this office before XXXXXXX your Permanent Resident Card application will be deemed abandoned and no Permanent Resident Card will be issued to you.

 

[scylla]

This letter refers to your application for a Permanent Resident Card.

Section A28 (1) of the Immigration and Refugee Protection Act requires permanent residents to comply with the residency obligation described in that section.

Based on the information that you provided in your letter that we received on XXXXXXXX, you are not in Canada. As a result, this office cannot assess your eligibility for a Permanent Resident Card. If you want to continue with your application, you must make an application for a Travel Document (Permanent Resident Abroad) at the nearest Canadian visa office. The visa office will then determine whether you have met your residency obligation.


You should go to the Citizenship and Immigration website at www.cic.gc.ca/english/information/applications/travel.asp to find information on how to apply for a Travel Document (Permanent Resident Abroad).

Your application for a Permanent Resident Card will be kept at our office until

XXXXXXXX If you obtain a Travel Document (Permanent Resident Abroad) within this time, you must provide a copy to this office. We will give instructions on how to proceed once we receive a copy of your Travel Document (Permanent Resident Abroad).

If you do not provide a copy of a Travel Document (Permanent Resident Abroad) to this office before XXXXXXX your Permanent Resident Card application will be deemed abandoned and no Permanent Resident Card will be issued to you.

Based on this letter, it sounds like the application was abandoned but that your PR status is likely still valid. I would recommend you hire an immigration lawyer and show them all of the paperwork to confirm before you apply for anything.

 

[jakklondon]

I had been out of compliance for not meeting the residency obligation. I had applied extension under Humanitarian Grounds. I received a letter that the Immigration Office has initiated Permanent Resident investigation( I had asked for renewal on HC) and I had to present documentation in 30 days,I did not do that.
I am not sure if I should wait and apply to for citizenship. I was allowed to enter Canada after I provided documentation of H.C. Now I have completed my R.O but some one told I could be out of status or have removal orders.
Just wondering if that is possible.

If you are in Canada, have valid status and complied with your RO, then why don't you hire an attorney who can guide you? What the letter you posted says is not consistent with you describe your situation to be. Either you or CIC is making things up. If it's CIC, then the safest and surest way to handle this is to hire an immigration attorney who can advocate on your behalf and show that the officer who sent you the letter is a dimwit.

 

[Mark12345]

Thank you ver much Scylla
MR. Cohen here I come again. My famiIy and I got our PR cards when David Sears was there and they did an awesome job.

 

[jakklondon]

David Cohen was an amazing man, not just a good immigration attorney. R.I.P. Mr. Cohen...

 

[Mark12345]

Thank you very much jakklondon
I am hiring an attorney to sort the mess. Did not know the passing of Mr.Cohen. My whole family owes him a great debt of gratitude.

 

[jakklondon]

Thank you very much jakklondon
I am hiring an attorney to sort the mess. Did not know the passing of Mr.Cohen. My whole family owes him a great debt of gratitude.

Yes, you should consult attorney asap and hire one if necessary to get you out of the maze.

I found out about passing of Mr. Cohen recently, was saddened by it as well. His firm is still in business and could be a right place to schedule a consultation.