Volantary Exit from USA can get Canadian Immigration after Marriage!!!??

[warrior99]

Dear Adviser,

Well I have some unique case. Can you please help me by answering the same.

As my friend's story goes:
He went to USA on student Visa, his university was shutdown and he was arrested by Immigration. Immigration also found that he did his project with India Govt. Research Institute and linked various things with National Security and finally my friend decided to take voluntary departure. So far he did not do any crime, he just took voluntary exit and Judge ordered the same on first hearing. Had there be any doubt then USA/Judge would have not allowed to leave USA unless the case is resolved.

Then he consulted few lawyers in USA after coming back to India. Found that he can again go back (wrongly advised) as he has 5 yrs valid visa!!. He took his chances and went to New York to study again! but he was deported back to India from Port of Entry with 5 yrs ban and cancelled seal on his USA visa.

He came back to India and started his life. 3 Yrs passed...Now comes the real question (above was just the background).

Now he is getting prospects from Canadian Family. After marriage can he file Canadian Immigration. Will there be any issue? Will the case be smooth ?

 

[truesmile]

Yes, I'd say for sure there will be an "issue", maybe several. No, it won't be a "smooth" application.

 

[Gumper]

Dear Adviser,
Well I have some unique case. Can you please help me by answering the same. As my friend's story goes: He went to USA on student Visa, his university was shutdown and he was arrested by Immigration. Immigration also found that he did his project with India Govt. Research Institute and linked various things with National Security and finally my friend decided to take voluntary departure. So far he did not do any crime, he just took voluntary exit and Judge ordered the same on first hearing. Had there be any doubt then USA/Judge would have not allowed to leave USA unless the case is resolved. Then he consulted few lawyers in USA after coming back to India. Found that he can again go back (wrongly advised) as he has 5 yrs valid visa!!. He took his chances and went to New York to study again! but he was deported back to India from Port of Entry with 5 yrs ban and cancelled seal on his USA visa. He came back to India and started his life. 3 Yrs passed...Now comes the real question (above was just the background). Now he is getting prospects from Canadian Family. After marriage can he file Canadian Immigration. Will there be any issue? Will the case be smooth ?

"Your friend" is now "getting prospects from Canadian family"? Does this mean he is trying for an arranged marriage? You/he know that this is not looked upon favourably by CDN Immigration, right? Assuming you/he do find a willing bride in Canada AND you/he can prove to CIC that it's legitimate you/he will have to declare your/his activities in the USA in the application to Canada -- much more clearly and convincingly than you have here (English is likely not your first language, you'll probably need a lawyer to decipher your/your friend's US imbroglio and explain it in English). Will the case be smooth? At first blush I would say highly unlikely.

 

[SenoritaBella]

Can you provide facts to support your claim that CIC does not look at arranged marriages favorably?

The OP's friend is Indian, and arranged marriages are common there. This in itself is not a problem for CIC and visa officers have to keep cultural norms in mind when they process such applications.

The concerning part is the "national security" thing. If the US felt he was a security risk, it is likely Canada may have similar issues. If so, CSIS will be involved.

 

[MilesAway]

I think he means that about arranged marriages, as it seems the OP is getting in some sort of plan to get to Canada, where the marriage is arranged strictly for the purpose of getting PR. That would be what CIC frowns upon.

 

[user828]

Take this step by step

1) Arranged marriages are not "frowned" upon - it's pretty common in India so while it requires proper documentation ( family match, culture, marriage proposal, chat's,. calls, pictures - the works ) - it's not something new to immigration.
2) When he is sponsored, he has to say "yes" for deportation in the form( the reason why off course)
3) He will need FBI clearance ( since he lived in US ) which will basically determine where he stands and in all likelihood State Clearance as well
4) He needs to explain everything about his arrest and that would require some serious clarifications in terms of paperwork ( from Indian and US Govt )

All in All - just getting sponsored is not enough and considering his immigration arrest, his case decision will take a long time and in my opinion has very little chance

 

[zardoz]

Maybe, instead of using the phrase "arranged marriage", the question should be more of "marriage of convenience", which IS frowned upon. My first reading on this topic was that an "MoC" was being sought. This, I suspect, will be CICs first impression as well, regardless of whether this was the intention.

 

[kafka khaos]

It depends on what his FBI file says.