USA Deportation

[mkhity]

Hello,

I was preparing my application for FSW program this year. I have all qualifications for it. However, we have requested information for police records for my husband who lived 7 years in USA. And it came out, that he had a deportation decision in USA with no felony.
He was married there, and the court did not accept his marriage and asked him to leave the country voluntarily, what he exactly did in July 2009. He asked his lawyer to notify the court, that he leaved the country, but his lawyer haven't told.
So the court asked for deportation on October 2009, after few months my husband leaved. We have the letter about voluntarily leave, as well as tickets and passport stamps that states his leave.

A lawyer from US said, that it will not be possible for my husband to apply for Canadian visa.
I need to know, can I still apply for 2015 Express Entry, or there is no hope my husband will be granted a visa in anyway?

 

[poushi24]

Hello,

I was preparing my application for FSW program this year. I have all qualifications for it. However, we have requested information for police records for my husband who lived 7 years in USA. And it came out, that he had a deportation decision in USA with no felony.
He was married there, and the court did not accept his marriage and asked him to leave the country voluntarily, what he exactly did in July 2009. He asked his lawyer to notify the court, that he leaved the country, but his lawyer haven't told.
So the court asked for deportation on October 2009, after few months my husband leaved. We have the letter about voluntarily leave, as well as tickets and passport stamps that states his leave.

A lawyer from US said, that it will not be possible for my husband to apply for Canadian visa.
I need to know, can I still apply for 2015 Express Entry, or there is no hope my husband will be granted a visa in anyway?

I was I USA and had deportation order. USA deportation nothing to do with Canadian Immigration. So apply and hope everything will be fine. As you mentioned you have all the record, you can submit explanation letter with passport copy. They never asked me about my deportation order and I never left USA even after deportation order. I am here in Canada since 2009, came straight from USA.

 

[hmuath]

I was I USA and had deportation order. USA deportation nothing to do with Canadian Immigration. So apply and hope everything will be fine. As you mentioned you have all the record, you can submit explanation letter with passport copy. They never asked me about my deportation order and I never left USA even after deportation order. I am here in Canada since 2009, came straight from USA.

NO not anymore!
Harper government has implemented a sharing immigration system starting January 2014, whereby, if you apply to any kind of visa or immigration to either USA or Canada, they check your immigration record against the other. For example, you applying for visitor visa to come to Canada, Canadians will run your biometric data against the US and vice versa. Biometric include your fingerprint taken at the embassy.

 

[jes_ON]

I was preparing my application for FSW program this year. I have all qualifications for it. However, we have requested information for police records for my husband who lived 7 years in USA. And it came out, that he had a deportation decision in USA with no felony.
He was married there, and the court did not accept his marriage and asked him to leave the country voluntarily, what he exactly did in July 2009. He asked his lawyer to notify the court, that he leaved the country, but his lawyer haven't told.
So the court asked for deportation on October 2009, after few months my husband leaved. We have the letter about voluntarily leave, as well as tickets and passport stamps that states his leave.

A lawyer from US said, that it will not be possible for my husband to apply for Canadian visa.
I need to know, can I still apply for 2015 Express Entry, or there is no hope my husband will be granted a visa in anyway?

Hard to say. It sounds like you have the necessary documentation to explain the deportation order (which you will have to do). You can only try...

 

[mkhity]

NO not anymore!
Harper government has implemented a sharing immigration system starting January 2014, whereby, if you apply to any kind of visa or immigration to either USA or Canada, they check your immigration record against the other. For example, you applying for visitor visa to come to Canada, Canadians will run your biometric data against the US and vice versa. Biometric include your fingerprint taken at the embassy.

Yes, my husband has all his 10 fingers printed before applying for citizenship via marriage in USA, so I know that Canada has the same system now...However we can only clear his record after 10 years from the date of deportation

 

[jes_ON]

OK, so we've been focusing on the deportation order, but on closer reading, I have to ask - was there a conviction of marriage fraud? (Do you have his FBI certificate?)

 

[CanV]

Voluntary departure is NOT deportation. The formal has no negative effect on application, where the latter may or may not, depending on the circumstances.

 

[scylla]

OK, so we've been focusing on the deportation order, but on closer reading, I have to ask - was there a conviction of marriage fraud? (Do you have his FBI certificate?)

This is a very important question. If there was a marriage fraud conviction that could certainly complicate things. The "court did not accept the marriage" bit makes me concerned that US immigration made a finding of marriage fraud.

 

[alexdive]

One of my close friends has been 10 years barred from the US and will be over in next 2 years. He had overstayed for 3 years with no deportation. He got Canada PR in 2009 landing at US-Canada borders. When he went to US border for his Canada PR landing purpose with no US visa, he had stuck at the border for 2 hours as he was not allowed to enter into the US. However, the US border officer let him came back in the Canada and he got PR landed eventually.

He recently applied for Canadian citizenship and his application is accepted with no return. Any further updates on his process I'll ask him and share to you.

Good luck!

 

[mkhity]

This is a very important question. If there was a marriage fraud conviction that could certainly complicate things. The "court did not accept the marriage" bit makes me concerned that US immigration made a finding of marriage fraud.

There was nothing stated about marriage fraud. The letter from court is about that court does not believe that the marriage is real, and that my husband can not be granted for further green card. and for further steps it was stated that he need to leave voluntarily leaved.
His lawyer said that if he leaves, he would send a notice to court that he left, and his case will be closed, and he will be able to come back to USA. However after my husband leaved, his lawyer probably haven't notify the court, and after 3 months of his leave, they put a deportation.
I have talked with lawyer form USA, who said, that after 10 years when deportation history will be cleared, we can apply to the court as we have all necessary documents that states that the deportation is on behalf of his lawyer.
However we were planning to move to Canada and didn't know about the deportation....