Pls help - Express Entry Application Rejected

[ssudarjothi]

Hi,

I have got my ITA in April and submitted my application by May mid. Today I got an message in MYCIC that my application has ben cancelled.

I got divorced and I have got a kid from my previous marriage. My child is living with my Ex-Spouse and we were separated 5 years back. I am in US, and they moved to India 5 years back and now I have no idea about where they are living. So in this situation I wont be able to provide any medicals or documents for my child, so I have not included my dependent and submitted an explanation letter with the statutory declaration explaining the situation and agreed that I wont be able to sponsor for my daughter in future. Not sure if they have gone thru my explanation letter, but they have rejected my application saying that "I did not include my dependent child on my application".

I have sent an Case Specific Inquiry again, not sure how far it will be considered.

Is there any one in this situation? any suggestions what I can do here? Hiring an attorney here will help me? Do we have any contact number for CIC?

Kindly help me here.

thanks.

 

[jes_ON]

Hard to say if they will consider your explanation, you probably need to give them more proof than just your word. Please understand, I'm NOT saying this is you, but Canada won't allow "deadbeat dads" to use immigration to escape their responsibilities.

Typically, you would include your child as a non-accompanying dependent. You would still have to have the medical exam done for her, which would allow you to sponsor her later. If this becomes impossible, you would have to find the child's mother and get some kind of evidence (e.g. written proof) that she refuses to cooperate with the medical exam. Only then would CIC accept that the situation is impossible for you. It's not clear if you cannot find them, or just haven't tried.

I understand you're in the USA, so not sure how difficult this will be, but this is one of those situations where a good Canadian immigration lawyer is almost mandatory.

In the meantime - in your separation/divorce papers (that I assume you provided), is there anything that clearly states that you have no legal custody of the child?

 

[ssudarjothi]

Hard to say if they will consider your explanation, you probably need to give them more proof than just your word. Please understand, I'm NOT saying this is you, but Canada won't allow "deadbeat dads" to use immigration to escape their responsibilities.

Typically, you would include your child as a non-accompanying dependent. You would still have to have the medical exam done for her, which would allow you to sponsor her later. If this becomes impossible, you would have to find the child's mother and get some kind of evidence (e.g. written proof) that she refuses to cooperate with the medical exam. Only then would CIC accept that the situation is impossible for you. It's not clear if you cannot find them, or just haven't tried.

I understand you're in the USA, so not sure how difficult this will be, but this is one of those situations where a good Canadian immigration lawyer is almost mandatory.

In the meantime - in your separation/divorce papers (that I assume you provided), is there anything that clearly states that you have no legal custody of the child?

yes my divorce papers clearly says that I have no custody of the child. do you any Canadian lawyer whom I can approach to take this case and reopen this case for me?

 

[jes_ON]

I don't have any experience with immigration lawyers, but this "Immigration Forum" is supported by a well-respected firm, Campbell Cohen. If you just go to www.canadavisa.com, you'll find their contact information.

 

[ssudarjothi]

I don't have any experience with immigration lawyers, but this "Immigration Forum" is supported by a well-respected firm, Campbell Cohen. If you just go to www.canadavisa.com, you'll find their contact information.

Thanks Jes. I will try to contact these attorneys.

Meanwhile today i talked to CIC support, and he was really a nice guy. He listened to my situation clearly and he agreed that what i have done is more than sufficient. When we cant find anyone, explanation letter is the only one which can be given, and you have done that, so that is good. He asked me to wait for the response for my Case Specific Inquiry.

Keepings fingers crossed.

 

[Aarti21]

Hi, you can also contact the immigration.ca lawyers. Its for Colin Singer.

Thanks,

 

[ssudarjothi]

Hi, you can also contact the immigration.ca lawyers. Its for Colin Singer.

Thanks,

Thanks Aarti. I will..

 

[deba]

Hi

I am also in same situation, and my divorce is in process in India. My wife has legal custody as per terms of settlement, and I wont sponser my child later.

Did you get any further clue/ clarity on how to approach? Did you hear back from CIC or were you able to contact lawyer?

 

[ssudarjothi]

Hi

I am also in same situation, and my divorce is in process in India. My wife has legal custody as per terms of settlement, and I wont sponser my child later.

Did you get any further clue/ clarity on how to approach? Did you hear back from CIC or were you able to contact lawyer?

Hi Deba,

Any updates on your process? I submitted a case specific inquiry by June 20th, but still no response from them. My fees has been refunded back to my credit card.

 

[deba]

Hi Sudarjothi,

I was waiting for some response on your query, was hoping for some positive outcome.
Are you planning to apply again? I find 2 options available, which one you think would be best suited? Did you get a chance to talk to any lawyer/ advocate?

1) give child details under section "Do you have children", but not give child medical. Medical is marked mandatory but instead, I provide self signed declaration/ some reasoning to CIC instead of medical along with divorce court order. OR
2) mention "No" under "Do you have children" but I mention about my child under "Family" section - This includes any parent, any spouse or common-law partner, any child including adult children, and any brothers or sisters.


Deba