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somebody help give advice for common law

amphibian

Newbie
Nov 8, 2022
7
2
hello.

i want to sponsor my husband as common law. he has been a undocumented failed refugee for over 10 years since he was issued a deportation. we have children together and been hiding in fear

i want to sponsor him now but he does have criminality and inadmissibility. so i heard there is a application to file that ties common law and humanitarian and compassionate

please any advice welcome
 

scylla

VIP Member
Jun 8, 2010
93,843
21,034
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
hello.

i want to sponsor my husband as common law. he has been a undocumented failed refugee for over 10 years since he was issued a deportation. we have children together and been hiding in fear

i want to sponsor him now but he does have criminality and inadmissibility. so i heard there is a application to file that ties common law and humanitarian and compassionate

please any advice welcome
If there is a criminality issues, then I would strongly recommend working with an immigration lawyer.

You can submit a regular sponsorship application and then request that it be processed with H&C considerations due to the criminality / inadmissibility issue.

Good luck. Again, I would go with a lawyer.
 
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amphibian

Newbie
Nov 8, 2022
7
2
thank you. its been super hard looking for reliable ones. weve paid so much for consultations with several lawyers but havent been aboe to secure a decent one
 

Ponga

VIP Member
Oct 22, 2013
10,182
1,354
Job Offer........
Pre-Assessed..
Also, if your husband is your husband, you cannot sponsor him as your common-law partner, right? ;)

I echo @Naturgrl's suggestion of Cohen Immigration Law firm, but it's likely going to be an uphill battle, especially since he appears to be `Removal Ready' in the eyes of CBSA. An Inland sponsorship application's `Public Policy' for those without legal status, would not protect him from being removed.
Good luck!
 

scylla

VIP Member
Jun 8, 2010
93,843
21,034
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Also, if your husband is your husband, you cannot sponsor him as your common-law partner, right? ;)

I echo @Naturgrl's suggestion of Cohen Immigration Law firm, but it's likely going to be an uphill battle, especially since he appears to be `Removal Ready' in the eyes of CBSA. An Inland sponsorship application's `Public Policy' for those without legal status, would not protect him from being removed.
Good luck!
IMO the no legal status / refused refugee claim bit can be overcome. Not saying it's a cake-walk, but it can be done. To me the bigger concern here is the mention of criminality & inadmissibility. If there's a criminality issue, depending on the nature of the issue, this may be a very big deal as it relates to the sponsorship application. Obviously difficult for any of us to comment without having any idea what this is and the details / seriousness.
 

Ponga

VIP Member
Oct 22, 2013
10,182
1,354
Job Offer........
Pre-Assessed..
IMO the no legal status / refused refugee claim bit can be overcome. Not saying it's a cake-walk, but it can be done. To me the bigger concern here is the mention of criminality & inadmissibility. If there's a criminality issue, depending on the nature of the issue, this may be a very big deal as it relates to the sponsorship application. Obviously difficult for any of us to comment without having any idea what this is and the details / seriousness.
Very true, but since the OP's husband (or partner) already has a deportation order, he is certainly deemed to be removal ready already right now...even before weighing the other issues that they are facing. All it might take is a routine encounter with law enforcement (simple traffic stop, for example).

Hopefully they will find a lawyer to help them choose the best option, ASAP!
 
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amphibian

Newbie
Nov 8, 2022
7
2
thank you guys all for your advice

the deportation order was waived sometime around 9 years ago but due to bad advice we received we waited til now to try to get him legal status. again its been a uphill battle

we have received so many advice and consultation and are hoping we move forward