Hi everyone, Here is our situation, I am Canadian, my common-law partner is from Honduras but is currently in the USA as an asylum applicant. He crossed illegally into the USA and they released him with his case pending. His lawyer says it will take years to process. Is this considered being lawfully admitted?? Well we submitted our outside application and his visa office is Ottawa so im assuming they consider him to be lawfully admitted (yes we applied soon as he was there for 1 year). We have been together for 4 years and I am currently pregnant. We received an email we need to come to an interview in Los Angeles. Im beginning to become a nervous reck as reading everyones interview experiences and I'm just hope we get someone nice. His lawyer told him she applied for his US work permit when he first hired her a year ago. We asked about it recently and she said she never applied for it cause he had to wait for 6 months with his asylum clock running which it is not running it is stopped. So he did work for his uncle without a work permit and now hes moved closer to the canadian border to be closer to me and is still working without a work permit. My dilema is what should we respond if hes asked about it? We dont want to lie and say he has one but can they deny him if hes working illegally? Has anyone had this experience in the interview with someone working illegally? I believe were being called to the interview cause i was married over 10 years ago for a year and divorced right away as well as he was deported from canada in the past after a failed refugee claim (left without issues) and we do need to do an authorization to return to canada n pay back airplane ticket and the application fee. In the interview letter it mentioned to bring documents for the authorization to return and it actually said i was recommended to attend, im going but ive never heard of sponsors being recommended to attend. Were excited it didnt take too long we applied May of 2014 but im so worried about his work situation
Sponsorship partner in the USA with pending asylum entered illegally
- Thread starter CandiBC
- Start date
Crossing into the U.S. illegally is not being lawfully admitted.
He has a bit of a mess on his hands and really needs to be completely honest with CIC if he has any chance of getting through this.
The real question is whether or not he was truthful in his application for PR. If he was not...I think the chances of a positive outcome are pretty much zero. Being found to have committed misrepresentation by not fully disclose his mistakes, will be catastrophic to his application.
So...did he in fact admit to all of this in his application (Schedule A- Background/Declaration), or not? That's the $64k question!
He has a bit of a mess on his hands and really needs to be completely honest with CIC if he has any chance of getting through this.
The real question is whether or not he was truthful in his application for PR. If he was not...I think the chances of a positive outcome are pretty much zero. Being found to have committed misrepresentation by not fully disclose his mistakes, will be catastrophic to his application.
So...did he in fact admit to all of this in his application (Schedule A- Background/Declaration), or not? That's the $64k question!
My understanding (from this forum, not from experience or legal education), is that CIC is not particularly upset about immigration violations in other countries, so long as they are procedural. The issue of honesty on the application is more important -- a number of people get themselves in trouble by trying to mask things that in themselves wouldn't cause issues. This would probably be more important if your fiance was applying to be a temporary worker; but by applying as he is, he is pretty much going through the correct process to immigrate legally and permanently to Canada.
Of course, I might be wrong, and invite other people with more experience with CIC to correct this.
Of course, I might be wrong, and invite other people with more experience with CIC to correct this.
Normally I would agree. However in this case he has a failed refugee claim in Canada, a deportation from Canada and is now applying for refugee status in the US after entering the US illegally. Based on this, I think it's reasonable to expect CIC is going to look at this case extremely closely to ensure it's not a MOC. I think an interview is a given.on-hold said:
Agree with the comment that hopefully he was 100% truthful about all of his history in his application. If not, then he should be expecting big trouble (i.e. misrepresentation finding, application refusal and 5 year ban).
Yes we were totally honest with our application and we already put he was working last year at that time he was expecting his work permit any day but do to his lawyer that never did the apllication and now supposidly cant yet when she even told me herself that she applied for it when he first got here totally has messed up things. Were just gunna be honest and hope for the best. It used to be when u claimed asylum u were able to work right away but now i guess theres some clock that has to run for 6 months. How are people supposed to pay for there $6000 + lawyers when they cant even work.
It would definitely put my mind at more ease if someone has gone through the interview and had personal experience about letting them know they are unauthorized to work and what the vo responded, thx u all
It would definitely put my mind at more ease if someone has gone through the interview and had personal experience about letting them know they are unauthorized to work and what the vo responded, thx u all