@scylla @Naturgrl @legalfalcon - Everyone, need help please.
- Summary: I applied for a Canadian visit visa in March 2021. Received a PFL in May 2024 (stating a 5-year ban could be slapped) for misrepresentation of ‘US visa refusal and enforcement history’.
- Background: Resided in the US from 2001 - 2006 for undergrad.
- My wife is a Canadian citizen. Happily married since 2013. Never applied for a PR, nor do I intend to at least in the next ~5 / 7 years given I have no intention to move to Canada.
- Issue 1: I did not mention a 2013 US visa refusal. Reason: I was honestly not aware that my US visit visa application in 2013 resulted in a rejection. I am not entirely sure how to convince IRCC, but this is the plain and simple truth.
- My 2013 US visit visa app went into 'Administrative Processing'. I kept checking the status of the application for at least 1 - 1.5 years, however, after no update, I forgot about it given I had no intent to travel to the US - the work related commitment (original reason to apply ) had long passed too. I moved countries / employment in 2014.
- Only after receiving IRCC's PFL, I now realize that my 2013 application was a refusal. I have never received any feedback from the US embassy. Perhaps because I left the Company I was working for when I applied for the visa. The email address in the US application was my company email. I have that specific US application in my record.
- In 2015, I received a US visa and travelled to the US in 2015 and in 2017.
- Issue 2: At the conclusion of my undergrad in 2006, I was late in applying for an Optional Practical Training permit, a 1-year work visa provided to all international students. I appealed for more time, but the appeal was denied. I was informed by my university that I should depart the US soon / quick because my visa has ended. I departed after 5-7 weeks - after selling my car, taking care of my rental lease, banks, etc., informing US immigration myself of my date / flight / airport of departure. Immigration authorities came and picked me from the airport, after I had checked in for my flight / boarding pass in hand (1-hour to go in flight departure).
- I requested an upfront voluntary departure at Immigration hearing 5 weeks later, despite my lawyer informing me that an appeal could be filed for me to stay in the US longer.
- Reason: I did not disclose this information in my Canadian visa application, honestly thinking that Voluntary Departure is not deportation or forcible or ordered removal. I have read up on the difference online and at least all online sources say it's not.
- The Canadian TRV question states: Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country or territory? I was not denied entry or ordered to leave the US. I was leaving (in fact, I was at the airport!), and eventually left voluntarily.
- Not sure if it matters even but since 2006, I have travelled extensively (minimum 60 trips across 25 countries), including twice to the US itself - others: UK, Italy, Austria, Germany, Turkey, Singapore, Japan, Thailand, Korea, Philippines, Uzbekistan, Dubai, Qatar, India, Armenia, Georgia, Serbia, Ukraine, etc. Two trips to Canada, but in 2003 and 2004.
Need help please!
