skilled worker with a us peported husband

[EBITIYEE]

Hi everyone,
I am qulified under the skilled workers programme. My husband 2nd year medical student was deported from the us because his miised his last court hearing for a case of sham marriage that was being levelled against him concerning his first marriage. He was deported in 2004 and even though he was married to me a citizen and appealing the case to be re open he was picked up from home by ICE and deported. We have three kids and have decided to move my whole familY to canada. WILL HIS DEPORTATION AFFECT MY PR APPLICATION? I DONT INTEND TO LIE ON MY APPLICATION BECAUSE I BELIEVE THE TRUTH WILL ALWAYS SET ONE FREE. HE HAS NO CRIMINAL BACKGROUND.
THIS IS A GREAT FORUM AND WISH YOU ALL GOD'S BLESSINGS

 

[EBITIYEE]

Re: skilled worker with a us deported husband

Can soeone please answer my question? Is there any chance for such an application because of my spouse's situation. Does it make any difference that he is back in home country? I really will appreciate some feedback.Thanks.

quote author=EBITIYEE link=topic=15655.msg67552#msg67552 date=1236162768]
Hi everyone,
I am qualified under the skilled workers programme. My husband 2nd year medical student was deported from the us because he miised his last court hearing for a case of sham marriage that was being levelled against him concerning his first marriage. He was deported in 2004 and even though he was married to me a citizen and appealing the case to be re open he was picked up from home by ICE and deported. We have three kids and have decided to move my whole family to canada. WILL HIS DEPORTATION AFFECT MY PR APPLICATION? I DONT INTEND TO LIE ON MY APPLICATION BECAUSE I BELIEVE THE TRUTH WILL ALWAYS SET ONE FREE. HE HAS NO CRIMINAL BACKGROUND.
THIS IS A GREAT FORUM AND WISH YOU ALL GOD'S BLESSINGS
[/quote]

 

[rupeshhari]

I have no experience in this so will not answer. Hopefully someone will answer soon.

I do have a question that might help someone else answer. Was he convicted under US law and if yes, would this show up on his FBI police certificate.

 

[EBITIYEE]

Yes the ruling was passed in absentia and we were unable to have the case re-opened.I have not obtained his FBI report yet but I am thinking it might show since he was removed. By the way how does one obtain this certificate if the person is now in Africa?

 

[rupeshhari]

he'll have to get his fingerprints done from a police station or someone authorized in Africa and then send it to FBI with the relevant payments, etc. Its on the CIC website or you can search for FBI police clearance on google.

 

[EBITIYEE]

Re: skilled worker with a us deported husband

Thanks for your response Rupeshhari, I really do appreciate it, meanwhile I hope someone can answer my question or give me their 2 cents on it.
.

 

[abbajwa]

Hi EBITIYEE
I would say it will not effect your PR application to Canada if there was no crime behind it. But you still need a Police Certificate from USA

Law says; "You must obtain a police certificate from each country or territory where you have lived for six consecutive months or longer since reaching the age of 18. The certificate must have been issued no more than three months before you submit your application"

Because this is a serious matter, I suggest you to take legal advice from a qualified professional and not to rely on the opinion of this Forum users only.

Cheers

 

[edcts]

Hi everyone,
I am qulified under the skilled workers programme. My husband 2nd year medical student was deported from the us because his miised his last court hearing for a case of sham marriage that was being levelled against him concerning his first marriage. He was deported in 2004 and even though he was married to me a citizen and appealing the case to be re open he was picked up from home by ICE and deported. We have three kids and have decided to move my whole familY to canada. WILL HIS DEPORTATION AFFECT MY PR APPLICATION? I DONT INTEND TO LIE ON MY APPLICATION BECAUSE I BELIEVE THE TRUTH WILL ALWAYS SET ONE FREE. HE HAS NO CRIMINAL BACKGROUND.
THIS IS A GREAT FORUM AND WISH YOU ALL GOD'S BLESSINGS

 

[edcts]

Hello there! Well its hard to say your husband has to come back home. We are on the same boat. I was involved in the sham marriage over 10 years ago, got married to an american citizen had 2 kids and i must say that marriage fell apart because of the sham marriage. I went home to my country and applied for Canada. I was educated in the US and had a very good experience in healthcare. I had an approval PNP but because of the sham marriage, the canadian embassy was able to find out the sham marriage. They will ask the FBI clearance and state police clearance and the likely of him getting a visa is very unlikely. I had to give up everything my family and my kids and balance everything in my life. Fortunately, my now ex wife has a very job to support the family and I left my cars, estate and saving with her to pay to support our kids. I stayed went back home and stayed for 2 years to do the alternative, apply for canada but it didnt go well as I thought. The oppurtunity came for me to go to saudi arabia. Now, I am here and making decent money and awaiting for my approved petition thru my family which was filled in 1987. I think in 2011 I would be able to reapply for my US visa again. This kind of situation will break the family apart, the kids are mostly affected. I am really sorry that you and your kids have to go thru this, reminds me of my family and it makes me very sad. You will need a legal advise and most of the lawyers didnt want this kind of case and you will spend a fortune and I even hired a canadian lawyer and nothing happened. He wants me bring the case at the federal level but I didnt go any further because of the money, time, stress involved.
All i can say is for you to prepare emotionaly and financially..
Thanks

 

[BobbyB]

edcts is actually relaying a message:

This is the definition of Sham Marriage: ( I know you guys know it, but wanted the OP to decide for herself what could be in stock for her)

Marriage for legal benefits of personal convenience often constitutes a sham marriage, including marrying solely to gain legal status as an immigrant. The couple marries with knowledge that the marriage is solely for the purpose of obtaining legal status for the man or woman in the destination country. This is frequently arranged as a business transaction. This occurs more commonly with foreigners already in the country. U.S. Immigration (USCIS) can punish this with a $250,000 fine and five year prison sentence.

 

[EBITIYEE]

REMMEBER FOR SHAM MARRIAGE IN THE US YOU WILL NOT BE ABLE TO ENTER THE US AGAIN