Spousal Visa: Getting Refuge visa / TRP at Buffaloo border

[fyasin]

Hi All,
i am in USA on an L1 company transfer visa and my company has also sponsored my wife on an L2 visa. I came from Pak to USA on company transfer. I need to now take my wife (who is also pregnant - delivery in March 2013) from USA to canada since my company has now transfered me to canadian office. I am a PR but my wife isnt. I applied for her TRV and it got rejected. Some immigration consultants are telling me that i can apply for refugee / TRP visa at the buffaloo border with the following logic:

My wife is pregnant and she cannot deliver baby in USA without medical insurance. My insurance in USA ends since my company has transfered me to Canada now. She also cannot go back to her country of citizenship (Pakistan) since my parents have also moved to Canada and i her husband am moving to Canada also. She has no support system in Pakistan. Furthurmore situation in Pakistan is unstable and there is anti-american sentiments and I work for an american company so she has security issues if she goes back home all alone and pregnant. Also we applied for TRV and wanted to go to Canada legally but visa officer did not even bother to invite us for an interview. They just rejected it. hence on humanitarian grounds we want a visa issued to my wife at the border so that i can take her with me to Canada and start my job.

My questions:
- Does this option look viable ?
- If she enters Canada on Refugee visa, consultant says that she will have medical from day 1...can you confirm ?
- Can she leave canada to go to any other country before her PR card is given in next 12 - 24 months ?

Regards

 

[computergeek]

Hi All,
i am in USA on an L1 company transfer visa and my company has also sponsored my wife on an L2 visa. I came from Pak to USA on company transfer. I need to now take my wife (who is also pregnant - delivery in March 2013) from USA to canada since my company has now transfered me to canadian office. I am a PR but my wife isnt. I applied for her TRV and it got rejected. Some immigration consultants are telling me that i can apply for refugee / TRP visa at the buffaloo border with the following logic:

My wife is pregnant and she cannot deliver baby in USA without medical insurance. My insurance in USA ends since my company has transfered me to Canada now. She also cannot go back to her country of citizenship (Pakistan) since my parents have also moved to Canada and i her husband am moving to Canada also. She has no support system in Pakistan. Furthurmore situation in Pakistan is unstable and there is anti-american sentiments and I work for an american company so she has security issues if she goes back home all alone and pregnant. Also we applied for TRV and wanted to go to Canada legally but visa officer did not even bother to invite us for an interview. They just rejected it. hence on humanitarian grounds we want a visa issued to my wife at the border so that i can take her with me to Canada and start my job.

My questions:
- Does this option look viable ?
- If she enters Canada on Refugee visa, consultant says that she will have medical from day 1...can you confirm ?
- Can she leave canada to go to any other country before her PR card is given in next 12 - 24 months ?

Regards

This is a complicated case and you would be well served to retain experienced legal counsel here.

First, She may not be eligible to claim refugee status at the US/Canadian border: "Your refugee claim may not be eligible for referral to the IRB if: ... You arrived via the Canada-United States border (see Safe Third Country Agreement below);" (source: http://www.cic.gc.ca/english/refugees/inside/apply-who.asp). However, later it says "Sometimes there are exceptions (such as those who already have family in Canada)." So maybe she CAN claim refugee status at the Canadian border because she has family inside Canada.

Second, if you believe there is an issue of procedural fairness with respect to the TRV, you can take the case to court: "An applicant may also seek leave through the Federal Court of Canada to request a judicial review of any decision made by a visa officer, if he or she believes that the process was not legally or procedurally fair. A lawyer in Canada would have to act on behalf of the applicant." (http://www.cic.gc.ca/english/resources/publications/temp-resident-visa.asp) The CIC website recommends strengthening your case and re-submitting the TRV application.

I'm curious - which VO rejected the TRV?

I ask because she may be more successful if she applies in person at a US consulate, but this is only an option if she has been admitted to the US legally for at least one year. In that case, she should take everything she has directly with her and try to obtain one directly. There's certainly no guarantee this will work, but it is still likely less painful than the refugee route will be.

You can ask that she be granted a TRP, but you must apply to a visa office for that. Only US citizens can apply for TRPs at the POE as I recall.

With respect to insurance I would suggest that you purchase a continuing policy in the US. As long as the gap in coverage is under 63 days, they cannot exclude pre-existing conditions. Since most states have a guaranteed insurance pools now, at a minimum this would ensure she has health insurance at least for the duration of the pregnancy.

I suspect others will be able to provide you with additional information as well.

Good luck!

 

[fyasin]

It was the new york visa office that rejected the application.

Yes she is in legal statius in USA on an L2 spousal visa which is valid till 2015.

I think you have a good point that she can maybe in person try to apply at Buffaloo border or New york visa office.

Can you also confirm as a backup plan that if i migrate to canada and keep her in USA then i can apply for immigration while she stays in USA. Since her visa is more than 1 year i assume i can sponsor her in canada and ususally ive hear the time from US to get spouse is half the time it takes from Pakistan.....do you see any issues with this backup plan ?

In this case when i sponsor her do i need to show the T4 notice of assessment for tax returns considering i was not in Canada for the last 1 year Or do i just file taxes in canada with minor income shown and then try to get the notice of assessment.

 

[simb]

It was the new york visa office that rejected the application.

Yes she is in legal statius in USA on an L2 spousal visa which is valid till 2015.

I think you have a good point that she can maybe in person try to apply at Buffaloo border or New york visa office.

Can you also confirm as a backup plan that if i migrate to canada and keep her in USA then i can apply for immigration while she stays in USA. Since her visa is more than 1 year i assume i can sponsor her in canada and ususally ive hear the time from US to get spouse is half the time it takes from Pakistan.....do you see any issues with this backup plan ?

In this case when i sponsor her do i need to show the T4 notice of assessment for tax returns considering i was not in Canada for the last 1 year Or do i just file taxes in canada with minor income shown and then try to get the notice of assessment.

this is a complicated case
i want to ask you why didnt you apply for your wife's pr at first ?
i mean when that very time when you got married... because may be this can raise a question in visa officer's mind.
but if you sponsor her now then she will be there with you in a year(if applied outland)
but if applied for refugee but if incase she got rejected then it can be more complicated as you will be sponsoring her (that would be the last option left with you) as there is a question in the form about the refugee ..

 

[computergeek]

It was the new york visa office that rejected the application.

Well, you could apply to Detroit or Seattle as well, but if you choose to do that you should find out WHY they rejected your application. Get a copy of the GCMS notes, don't rely on the rejection letter by itself. Maybe there's something in the notes that will allow you to say "aha! I know how we can address this." For example, all this nice humanitarian stuff you've described makes your case sympathetic but as a VO I'd bounce the application instantly - "sorry, she's not going to leave". Now if you were asking for a Temporary Resident Permit (not a TRV) on H&C grounds, that would be great material.

Yes she is in legal statius in USA on an L2 spousal visa which is valid till 2015.

That's good (although it means she has ZERO chance of getting refugee status).

I think you have a good point that she can maybe in person try to apply at Buffalo border or New york visa office.

I don't think she is allowed to apply at the border. If NYC already rejected her, you might want to try a different office. It shouldn't make a difference, but it might still.

Can you also confirm as a backup plan that if i migrate to canada and keep her in USA then i can apply for immigration while she stays in USA. Since her visa is more than 1 year i assume i can sponsor her in canada and ususally ive hear the time from US to get spouse is half the time it takes from Pakistan.....do you see any issues with this backup plan ?

Yes, you certainly can have her application processed through the US (Ottawa/LA) and even as slow as it is, I know it's far faster than Islamabad. She has legal status in the US, so she can stay there while it is in process. Of course, it would be easier if you can gain entry for her into Canada for the baby's birth, because that means the baby would be a Canadian citizen at birth. Otherwise, you'll have to sponsor your child (born in the US) as well.

I am assuming you were not married at the time you landed as a Canadian PR, right? So you married after that time and because you were not in Canada you could not sponsor her.

In this case when i sponsor her do i need to show the T4 notice of assessment for tax returns considering i was not in Canada for the last 1 year Or do i just file taxes in canada with minor income shown and then try to get the notice of assessment.

No. Show your US tax returns and provide them with an explanation translating the figures into CAD (use the Bank of Canada figures to do this.) Also include information showing that you have a job in Canada. Their concern is to ensure you won't need social assistance and it sounds like you'll be fine.

Have you consulted with an experienced Canadian immigration attorney? If not, you may find that doing so would give you some additional insight.

Good luck!

 

[fyasin]

hi There,

Why do you think i have zero chance of apply for my wife's refuge visa if she is here in US on an L2 company transfer ?

Regards

 

[simb]

hi There,

Why do you think i have zero chance of apply for my wife's refuge visa if she is here in US on an L2 company transfer ?

Regards

computergeek said so because (i think) she is already legal in one country and even staying there... why would she want refugee status for another country?
even if you sponsor her till 2015 she would be with you in canada as pr and if your child is born in US then your baby would be american citizen by birth(i think so if there is some kind of law) and then you have to sponsor your baby..would be good for your baby.. by the time your baby grows he/she will have dual citizenship

 

[amikety]

Any child born on in the United States regardless of legal status of the parents is a US citizen.

This law was put into effect to give citizenship status to former slaves after the American Civil War.

 

[UsCa]

Any child born on in the United States regardless of legal status of the parents is a US citizen.

This law was put into effect to give citizenship status to former slaves after the American Civil War.

can you explain this in detail..plz

 

[parker24]

can you explain this in detail..plz

Basically, if your wife has the baby in the US, the baby is automatically a US citizen. If your wife gives birth in Canada, the baby is automatically a Canadian Citizen.

 

[UsCa]

Basically, if your wife has the baby in the US, the baby is automatically a US citizen. If your wife gives birth in Canada, the baby is automatically a Canadian Citizen.

what if the parents are not US citizens ? say they are students or...illegal immigrants...?
then would baby get US birth certificate ? US passport..?

by the way... is any age limit to apply for US passport ?

your visa office is Buffalo so you or your spouse is US citizen or pr...so you might be knowing

 

[amikety]

what if the parents are not US citizens ? say they are students or...illegal immigrants...?
then would baby get US birth certificate ? US passport..?

by the way... is any age limit to apply for US passport ?

your visa office is Buffalo so you or your spouse is US citizen or pr...so you might be knowing

Any means any. That's been stated more than once in this forum by US Citizens. For instance, Nicole Kidman, the actress is Australia and American. Her parents were Australians in Hawaii, USA studying when she was born. Because Nicole was born on USA soil, she is automatically a US citizen (as well as Australian). However, not all countries allow dual citizenship. USA and Canada do, but if you want your child to have citizenship in your home country, you need to check and make sure your country allows this.

There is no age limit persay for a passport, although children under 18 must have a parent or legal guardian to apply.

Please check out this website and read for further information about passports:

http://travel.state.gov/passport/passport_1738.html

Information on citizenship:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a2ec6811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a2ec6811264a3210VgnVCM100000b92ca60aRCRD

Both of these were easily found using Google search engine, available to anyone (except I guess countries that restrict internet freedom) not just US citizens.