TRV denied for failing to declare USA visa refusal

[JuanArraiol]

Hello everyone.

Today my family (parents and sister) got rejected to get TRV to visit me. My sister got her USA tourist visa denied few months ago, and she missed to clarify that in their application to come to Canada. Any suggestions what to do next? If she is found to have engaged in misrepresentation, she can get a 5 years banning to come to Canada.

 

[Jtpolzin]

She has unfortunately already likely received the 5 year bad.

 

[scylla]

Hello everyone.

Today my family (parents and sister) got rejected to get TRV to visit me. My sister got her USA tourist visa denied few months ago, and she missed to clarify that in their application to come to Canada. Any suggestions what to do next? If she is found to have engaged in misrepresentation, she can get a 5 years banning to come to Canada.

The can reapply provided she isn't given a five year ban. If CIC makes a misrepresentation finding, she'll need to forget about Canada for five years.

 

[JuanArraiol]

The can reapply provided she isn't given a five year ban. If CIC makes a misrepresentation finding, she'll need to forget about Canada for five years.

Thanks for your reply. Only my sister got that email from CIC. All 3 passports are on their way to them, but my sister was the only one getting that email. Does that mean that all of them got it rejected or just her?

 

[Bryanna]

Thanks for your reply. Only my sister got that email from CIC. All 3 passports are on their way to them, but my sister was the only one getting that email. Does that mean that all of them got it rejected or just her?

You'll need to wait for the TRV refusal letter(s) to see which boxes were checked especially for misrepresentation and a 5-years ban.

Your parents won't get the 5-years ban for misrepresentation. In a worse situation, they were simply refused for other reasons

 

[JuanArraiol]

You'll need to wait for the TRV refusal letter(s) to see which boxes were checked especially for misrepresentation and a 5-years ban.

Your parents won't get the 5-years ban for misrepresentation. In a worse situation, they were simply refused for other reasons

Thanks for your answer. She still has 15 days to clarify why she missed declaring the rejection of her USA visa. Any suggestions on how to do this?

Thanks

 

[Bryanna]

Thanks for your answer. She still has 15 days to clarify why she missed declaring the rejection of her USA visa. Any suggestions on how to do this?

Ah okay. Then your sister has not been banned as yet + the visa office has NOT made final decisions on your parents or your sister's TRV applications.

Your sister has received a 'Procedural Fairness' letter. This is done to give the applicant an opportunity to prove why s/he must not be banned. Quite honestly, it is difficult to counter-prove this.

Your sister must prepare this letter really well. The tone of the letter would be sincere apology.

She must state:
1. She made a genuine mistake due to pure oversight + she had absolutely no intentions to present any factually incorrect information

2. She had misread the Question 2 of the 'Background Information' section because she incorrectly believed it pertained to visa refusals ONLY for Canada

3. She has a good travel history (if it is the case, and give her Travel History explanation) + she is a law-abiding person in her country of residence/other countries which she has traveled to

4. She deeply regrets not rechecking her application and/or not correctly understanding the 'Background Information' questions

5. If you are a PR/Canadian, she should have paid more attention while filling the TRV forms because meeting up as a family after XX years means a lot to her


I hope this works for her and she is not banned

 

[JuanArraiol]

Ah okay. Then your sister has not been banned as yet + the visa office has NOT made final decisions on your parents or your sister's TRV applications.

Your sister has received a 'Procedural Fairness' letter. This is done to give the applicant an opportunity to prove why s/he must not be banned. Quite honestly, it is difficult to counter-prove this.

Your sister must prepare this letter really well. The tone of the letter would be sincere apology.

She must state:
1. She made a genuine mistake due to pure oversight + she had absolutely no intentions to present any factually incorrect information

2. She had misread the Question 2 of the 'Background Information' section because she incorrectly believed it pertained to visa refusals ONLY for Canada

3. She has a good travel history (if it is the case, and give her Travel History explanation) + she is a law-abiding person in her country of residence/other countries which she has traveled to

4. She deeply regrets not rechecking her application and/or not correctly understanding the 'Background Information' questions

5. If you are a PR/Canadian, she should have paid more attention while filling the TRV forms because meeting up as a family after XX years means a lot to her


I hope this works for her and she is not banned

Thanks for your help. So I guess you have heard of this before. Thanks again and we will start working on that letter now.

 

[JuanArraiol]

Ah okay. Then your sister has not been banned as yet + the visa office has NOT made final decisions on your parents or your sister's TRV applications.

Your sister has received a 'Procedural Fairness' letter. This is done to give the applicant an opportunity to prove why s/he must not be banned. Quite honestly, it is difficult to counter-prove this.

Your sister must prepare this letter really well. The tone of the letter would be sincere apology.

She must state:
1. She made a genuine mistake due to pure oversight + she had absolutely no intentions to present any factually incorrect information

2. She had misread the Question 2 of the 'Background Information' section because she incorrectly believed it pertained to visa refusals ONLY for Canada

3. She has a good travel history (if it is the case, and give her Travel History explanation) + she is a law-abiding person in her country of residence/other countries which she has traveled to

4. She deeply regrets not rechecking her application and/or not correctly understanding the 'Background Information' questions

5. If you are a PR/Canadian, she should have paid more attention while filling the TRV forms because meeting up as a family after XX years means a lot to her


I hope this works for her and she is not banned

I have another question if you don't mind. We are from Colombia. Should she write the letter in Spanish and then translate it to English?

 

[Bryanna]

I have another question if you don't mind. We are from Colombia. Should she write the letter in Spanish and then translate it to English?

Your English is pretty good. You could prepare this letter instead of your sister..... and email it to her for her signature. You could also get an immigration lawyer to check the draft reply (hopefully, they can add value).

All communication with IRCC must be only in English or French