URGENT*Can I postpone a refugee claim if I have a sponsorship in process?*URGENT

[Bobolouli]

Hi Everyone,

I was hoping I could get some advise here. Our lawyer seems to of disappeared off the face of the earth. We have a really urgent situation and I don't know who to turn to for legal advise.

My partner is from Venezuela, his initial application to live in Canada was as a refugee, he filed this about 4 yrs ago. He later met me, and we filed for sponsorship in December of 2011. We got our certificate of selection most recently, and were asked to supply Immigration Canada with updated criminal records, as well as an extended passport, so they may proceed with the permanent residency application. The criminal records have been sent and we are in the process of getting his passport extended and will then obviously then send that to immigration Canada.

Im the mean time, our lawyer was supposed to withdraw our refugee claim back in March, of which I have email confirmation that this was supposed to be done, however we just received a letter in the mail stating that my partner now has a hearing for his refugee claim, and has to appear in court. We have both contacted our lawyers several times since receiving this letter (Monday) both via email and phone, and have not gotten a response. We are getting nervous as the letter states we have to respond in 10 days if we are unable to attend the hearing. Our lawyer was supposed to represent us. The one handling the sponsorship is away on vacation, and the other seems to be ignoring our communications.

The only reason I can imagine that the lawyer is neglecting our case now is for monetary reasons. His last bill to me, claimed that I owed him and extra $128 which repeatedly asked what it was for he told me he would get back to me. I have yet to hear back from either of them (they are both in the same firm, one handles he refugee case, the other handles our sponsorship case). Another thing that got us suspicious, was the fact that they called us in to discuss the refugee case, that a hearing had been scheduled,of which they charged us $300, and then the very next day, called to tell us that they received a letter from immigration Canada, stating that I had been approved to sponsor my partner. I called the refugee board, to ask if a hearing had indeed been arranged, and they could not identify one. However they mentioned that the firm could of been contacted via their phone service, which I would not be allowed access to, so really it's their word against ours. Are we able to take legal action against this firm?

If anyone has any advise that might help us, we would both be very grateful.

Thanking you in advance for your time & efforts.

 

[Bold9900]

Hi Boboluoli,

Here is the link, I hope this help...Good luck

http://www.cic.gc.ca/english/information/representative/complaints.asp

What if my immigration representative breaks the law while representing me?
If you know your immigration representative broke the law while representing you, they could be charged under the Immigration and Refugee Protection Act, the Criminal Code of Canada or the laws of your country of residence.

If the law they broke was immigration-related (for example, if your consultant submitted fraudulent documents with your application), immediately contact the CIC office processing your application or the Canada Border Services Agency.

If your representative has defrauded you personally (for example, if they charged you a fee, but did not fulfil what was promised or refuse to return your passport without another fee), contact your local law enforcement agency.

 

[NBaker]

Not quite sure at what stage the spousal application is from your description. Perhaps if the province were clear. Nonetheless, if you have not received a letter that indicates you meet the criteria as sponsor and the application made by your partner is approved in principle it is ill advised to withdraw the refugee claim.

The reason is that the departure order issued when the claim was made will come into force and if your partner doesn't leave Canada within 52 days of the board accepting the witdrawn claim and no positive decision made on the spousal application, the departure order becomes a deportation order and CBSA will proceed with enforcement steps in the case.

So it is best to proceed with the hearing or provide an explanation to the board why you are unable to proceed at this time - lawyer - is it a real lawyer or a consultant? If you do not respond to the board they will in turn declare the claim abandoned and this will also set the clock going toward enforcement action.

Because the spousal application was submitted prior to enforcement action it is possible to be granted a deferral of removal for 60 days to await the outcome of the application by waiving the pre-removal risk assessment when called for that or taking PRRA and hoping for an answer while you await the PRRA decision.

This becomes a bit complicated and you would need a knowledgeable CBSA officer in charge of your case to explain the options, if they are able. Many lawyers, consultants do not understand how this works, either, unfortunately.

At the very least though, speak to the board and you could ask for a new hearing date due to failure of your counsel to respond so you can prepare a case yourself or hire new counsel to proceed, if the decision is still awaited on the spousal application. If approved in principle, stage 1 there is a stay of removal attached so no enforcement action proceeds. You could withdraw the claim at that time if the hearing date has not come or proceed with it as much as it is better not to take the board's time when someone else may need it genuinely.

 

[tintin79]

A friend of mine was in this predicament also however he went to his hearing. They didn't approve him for the refugee however his inland spousal is still being processed. They do however have him call in to report once a month until his spousal sponsorship app is complete

 

[SEVEN07]

Hi Everyone,

I was hoping I could get some advise here. Our lawyer seems to of disappeared off the face of the earth. We have a really urgent situation and I don't know who to turn to for legal advise.

My partner is from Venezuela, his initial application to live in Canada was as a refugee, he filed this about 4 yrs ago. He later met me, and we filed for sponsorship in December of 2011. We got our certificate of selection most recently, and were asked to supply Immigration Canada with updated criminal records, as well as an extended passport, so they may proceed with the permanent residency application. The criminal records have been sent and we are in the process of getting his passport extended and will then obviously then send that to immigration Canada.

Im the mean time, our lawyer was supposed to withdraw our refugee claim back in March, of which I have email confirmation that this was supposed to be done, however we just received a letter in the mail stating that my partner now has a hearing for his refugee claim, and has to appear in court. We have both contacted our lawyers several times since receiving this letter (Monday) both via email and phone, and have not gotten a response. We are getting nervous as the letter states we have to respond in 10 days if we are unable to attend the hearing. Our lawyer was supposed to represent us. The one handling the sponsorship is away on vacation, and the other seems to be ignoring our communications.

The only reason I can imagine that the lawyer is neglecting our case now is for monetary reasons. His last bill to me, claimed that I owed him and extra $128 which repeatedly asked what it was for he told me he would get back to me. I have yet to hear back from either of them (they are both in the same firm, one handles he refugee case, the other handles our sponsorship case). Another thing that got us suspicious, was the fact that they called us in to discuss the refugee case, that a hearing had been scheduled,of which they charged us $300, and then the very next day, called to tell us that they received a letter from immigration Canada, stating that I had been approved to sponsor my partner. I called the refugee board, to ask if a hearing had indeed been arranged, and they could not identify one. However they mentioned that the firm could of been contacted via their phone service, which I would not be allowed access to, so really it's their word against ours. Are we able to take legal action against this firm?

If anyone has any advise that might help us, we would both be very grateful.

Thanking you in advance for your time & efforts.

Hi I hope all coming good with your case! Call to CIC maybe they can give you an advice about that.Im from Venezuela You can also call Embassy

Immigration Tel.: (58-212) 600-3048
Immigration Fax: (58-212) 263-4981
or you can send an email

Case Specific Enquiry: dmp-portal.cic.gc.ca/cicemail/intro-eng.aspx?mission=caracas

General Enquiry: caracas-im-enquiry@international.gc.ca
Take care Good Luck and let us know What is going on!

 

[refugee709]

hello everybody

please help me i'm very confused ( i get sick of stress and i lost my hair )

I applied as refugee claim in Canada , while waiting for hearing I get married and my wife sponsored me , CIC Received my sponsorship application and they still working on it since November 2011 and it seams fine ,,,, after applying for sponsorship IRP they called me for hearing for my refugee case and the claim was 100% accepted ..that was in may 2012 , 2 weeks later the IRP send me the paper as approved refugee so I can apply for Permanent Residence but I already applied for Permanent Residence as family class sponsorship which's 6 months before the hearing ,, please advice what is better for me , do i have to apply again as accepted refugee ( i don't know how long it will take to get my PR ) or shall I just keep my sponsorship application ?

i appreciated

 

[SEVEN07]

hello everybody

please help me i'm very confused ( i get sick of stress and i lost my hair )

I applied as refugee claim in Canada , while waiting for hearing I get married and my wife sponsored me , CIC Received my sponsorship application and they still working on it since November 2011 and it seams fine ,,,, after applying for sponsorship IRP they called me for hearing for my refugee case and the claim was 100% accepted ..that was in may 2012 , 2 weeks later the IRP send me the paper as approved refugee so I can apply for Permanent Residence but I already applied for Permanent Residence as family class sponsorship which's 6 months before the hearing ,, please advice what is better for me , do i have to apply again as accepted refugee ( i don't know how long it will take to get my PR ) or shall I just keep my sponsorship application ?

i appreciated

oh i understand you about lost your hair...i have extra acnec and white spat around my belly thanks to CANADA RETARTED PROCCESS......If ts in Venezuela send an email to General Enquiry:caracas-im-enquiry @ international.gc.ca they will answer you ...if its not in venezuela sent email to the cic office or call them Good Luck and patienceeeeee

 

[SEVEN07]

My twitter Seven07seven to keep touch