Please help! Inland Spousal Sponsorship, Out of Status, TRV Denied

[Zuhra Z]

Hi,

I am a Canadian citizen married to an American citizen. I sent an inland sponsorship application which was received on January 24, 2014. Until now, he has just gotten his Certificat de Selection du Quebec (CSQ). We are waiting for the rest. The last time he entered Canada was on December 17, 2013. We recently applied for a visitor visa extension as we realized he had stayed for more than six months which is not allowed. Our application was sent back to us because we applied too late. They said his status is already expired and that we can't even apply for restoration since 90 days have passed. It says he must leave voluntarily or further action may be taken. My question is, what to do next? Should he stay, take the risk, and wait for his permanent residency application? If he is removed from Canada, I guess his pr app would be cancelled. Should he leave and try to come back in around 2 weeks, when he might be denied entry because he overstayed this time, which would cancel his inland app if he's denied entry? Should he leave and not come back until he gets his papers, which might once again affect his app since he has to be living in Canada for the inland app? Please help. I know I'm not the only one, but this situation is very stressful to us right now.

Thanks a lot in advance

 

[Ponga]

Yes...it's far too late for him to have applied for Restoration of Status.

Since you already have an Inland application that has been received by CIC, he may be ok. I hate to be so passive, but the truth is that the language in the Inland Guide was changed last September, and now states that a person who wishes to apply must have legal status. Prior to that change, it used to say [something like] "Legal status in no longer required provided the applicant has an eligible sponsor". That is because of the public policy from Feb. 2005 (or perhaps 2006) that made an exception for those in Canada without status that were in a genuine relationship with their Canadian citizen, or PR, partner. Since the new language seems to apply to those that, as of September 2014 had not yet applied...who knows.

The Inland Guide was updated again this month, and that new language remains, so...does that really mean what it says? So far, this is the only place where this is mentioned and nobody [to my knowledge] has been able to get a straight answer as to why it's in there.

IMHO, if he leaves now and tries to return, the chances are quite good that he would be denied re-entry AND...could possibly be handed an exclusion order which would ban him from Canada for at least one year. That would KILL the Inland application.

My suggestion is to call an experienced immigration lawyer (one that offers a complimentary phone consultation) and ask him/her what the change to the Inland Guide really means. It's possible that the letter from CIC telling him to leave, is one that is used for all extension request denials, so the fact that he already has an Inland application submitted might trump that letter...maybe?

Good luck!

 

[Zuhra Z]

First, thank you for your reply!!

We actually applied for an extension, but it was too late for that or for restoration. I asked about that. They told me that it's ok as long as he was legal when we sent the application, which he did. His visitor visa was not expired when we sent in the app. Besides, we applied in January 2014, before the new language in September. Our concern is what to do. It seems like no option is good. If he stays, there's a risk. If he leaves, there are also problems. I think he should stay.

Thanks for taking the time to write back! It gives us a bit of hope!

 

[chakrab]

I would suggest staying in Canada and waiting to see what happens. CIC doesn't issue deportation orders. CBSA does. Until you get such a letter he is not forced to leave Canada. At which time he can make a case with CIC and CBSA about his application. There has been several cases which CIC has granted the person AIP in order to make them legal. There's a higher chance of failure if he leaves Canada at this point.

 

[Ponga]

There have also been members here (one quite recent) that actually completed the Inland process faster BECAUSE s/he was out of status!

If CBSA is aware that a person is in Canada without status and also learns that they have submitted an Inland application, they can request CIC to expedite their application to reach a positive first stage decision (known as AIP) within 60 days. It's not known how CBSA determines which applicants benefit from their request, as it's doubtful that every person without status is offered this expedited request.

The recent member was able to complete the process in ~ 7 months...which has angered a few Inland applicants that were NOT out of status, I suspect.

 

[vik999]

Hi,

I am a Canadian citizen married to an American citizen. I sent an inland sponsorship application which was received on January 24, 2014. Until now, he has just gotten his Certificat de Selection du Quebec (CSQ). We are waiting for the rest. The last time he entered Canada was on December 17, 2013. We recently applied for a visitor visa extension as we realized he had stayed for more than six months which is not allowed. Our application was sent back to us because we applied too late. They said his status is already expired and that we can't even apply for restoration since 90 days have passed. It says he must leave voluntarily or further action may be taken. My question is, what to do next? Should he stay, take the risk, and wait for his permanent residency application? If he is removed from Canada, I guess his pr app would be cancelled. Should he leave and try to come back in around 2 weeks, when he might be denied entry because he overstayed this time, which would cancel his inland app if he's denied entry? Should he leave and not come back until he gets his papers, which might once again affect his app since he has to be living in Canada for the inland app? Please help. I know I'm not the only one, but this situation is very stressful to us right now.

Thanks a lot in advance

My best guess is to go reach experienced lawyer. AFter readings posts and experience of abt 1 year, I can say that you should be okay, as long as you have an application which is pending with CIC. Definately you are not eligible for OWP as status is not valid. If you recieve any notice or letter to leave the country, better reach a good lawyer.. .
Presently CIC is with Oct 2013 applicants, and your is Jan 2014. I would suggest be patient and wait... maybe within 3-4 months you would be eligible for AIP. At the time of submittion your status was valid.....Rest CIC only can answer...
I would suggest mail a letter to CIC Missisauga requesting that you forgot to renew your status., kindly grant me the permission to stay as I have pending application in process.
I guess accepting the mistake would definately not be taken as harsh....

 

[chakrab]

i wouldn't recommended sending any more letters to CIC or CBSA reminding them on the matter. if CIC has said nothing can be done, just wait for AIP. CIC may ignore the status till AIP and issue one with any hiccup.

there's a difference between being honest and (something we say in our language) stepping on a snake.

 

[rhcohen2014]

My best guess is to go reach experienced lawyer.

at this point, an attorney is not going to be able to provide any help with this.

I would suggest mail a letter to CIC Missisauga requesting that you forgot to renew your status., kindly grant me the permission to stay as I have pending application in process.
I guess accepting the mistake would definately not be taken as harsh....

i'm not sure this will actually do anything positive. in my opinion it will either be ignored, be reported to CBSA (who issues deportation orders) or cause complications in the processing and delaying the application even more. i don't think this would be wise to do. at this point, there really is nothing to do except hope the illegal stay is not reported to CBSA, and if it is, then hope that they help expedite AIP so the applicant can stay in Canada.

i wouldn't recommended sending any more letters to CIC or CBSA reminding them on the matter. if CIC has said nothing can be done, just wait for AIP. CIC may ignore the status till AIP and issue one with any hiccup.

there's a difference between being honest and (something we say in our language) stepping on a snake.

exactly!

 

[Rob_TO]

Hi,

I am a Canadian citizen married to an American citizen. I sent an inland sponsorship application which was received on January 24, 2014. Until now, he has just gotten his Certificat de Selection du Quebec (CSQ). We are waiting for the rest. The last time he entered Canada was on December 17, 2013. We recently applied for a visitor visa extension as we realized he had stayed for more than six months which is not allowed. Our application was sent back to us because we applied too late. They said his status is already expired and that we can't even apply for restoration since 90 days have passed. It says he must leave voluntarily or further action may be taken. My question is, what to do next? Should he stay, take the risk, and wait for his permanent residency application? If he is removed from Canada, I guess his pr app would be cancelled. Should he leave and try to come back in around 2 weeks, when he might be denied entry because he overstayed this time, which would cancel his inland app if he's denied entry? Should he leave and not come back until he gets his papers, which might once again affect his app since he has to be living in Canada for the inland app? Please help. I know I'm not the only one, but this situation is very stressful to us right now.

Thanks a lot in advance

Did you by any chance submit an application for Open Work Permit along with the inland application back in Jan 2014?

 

[Zuhra Z]

Thank you all for your replies! They have relieved me a little bit.
@Rob_TO: No I didn't. I didn't know. I wish I did. He would've had implied status. I submitted them separately. But thanks anyway!