Very frustrated!

This forum deals with all aspects of immigration to Canada, landed immigrant status, work permits, etc.

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singlemama
Posts: 4
Joined: Wed May 10, 2006 11:03 pm

Very frustrated!

Post by singlemama »

I would really appreciate some help with my Immigration problem:)

My husband had come to Vancouver from Honduras illegaly in July 2003 and immediately applied for refugee status. He and I had a son in May 2004, and were then married in August 2004. He was charged with drug trafficking in February 2004, but his charges were stayed. He had been charged in Denver, CO and has a warrant out for his arrest for "Failure to Appear" from when he was 16 years old. We went to an "inadmissibility hearing" for this and this information was considered inadmissible in court because he was under 18 at the time of these charges. When his Refugee status was denied, we filled out the PRAA application, which was also denied. I then filled out a spousal sponsorship application. We then went to court (I forget the term) for a stay so he could stay in Canada until my spousal application was processed. The Immigration Lawyer brought up the warrant and said it now counts as an adult charge because it has been carried on and he is now over 19, and the judge ordered his deportation. He was deported in May 2005. During the whole process I constantly reminded CIC that we have a "special needs" child (on tube feeding 24 hours/day, highly succeptible to liver and kidney disease), the judge said he could not take that into consideration because my husband was applying for refugee status. Since I sent in my spousal application, I have received a letter stating that I have been found eligible as a sponsor, and that the CIC is now sending my application to Guatemala for processing. What can I do about this outstanding warrant, and am I being overly naive thinking that they might let him come back to Canada? I applied for a visitors visa for him, but that was denied because the agent at CIC in Guatemala found my husband a flight risk because of the reason I had put for him wanting to visit (to visit his son who is medically unable to travel).

Thanks in advance for any advice or information you can give me!
Ron Liberman
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Joined: Sat Oct 30, 2004 4:23 pm
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Post by Ron Liberman »

Yours is a difficult situation, as you may be aware.

Since he was deported, he needs the Minister's consent to return. There is no form for this, although CIC is considering developing one. For now, you complete the application form for a visitor visa, and make your case as to why he should be allowed to return in a separate written submisison. You also may need to do an application for rehabilitation.

When you receive the file number from Guatemala for the spousal sponsorship PR processing, you should write to them and request that Humanitarian and Compassionate considerations be taken into account, as
your husband has a "special needs" child who is a Canadian citizen. If you do not do this, then possibly that could not be considered in an Appeal.
Last edited by Ron Liberman on Fri May 19, 2006 1:07 am, edited 1 time in total.
singlemama
Posts: 4
Joined: Wed May 10, 2006 11:03 pm

Post by singlemama »

Thank you for your advice, I will send a letter to Guatemala right away!

Can I apply for rehabilitation through CIC? Or do I have to do it through the States? I phoned the County Court in Denver months ago, and they told me the only way to get rid of this warrant is to get my husband to the States and for him to turn himself in when he arrives. Jail time is something we are hoping to avoid!

Thanks again for your reply!
singlemama
Posts: 4
Joined: Wed May 10, 2006 11:03 pm

Post by singlemama »

Sorry, I forgot to mention this in my last post...

When I submitted my spousal application, I sent in all medical information I have on my child and a letter outlining his medical history and disabilities. Should I still send the letter to Guatemala? Thanks again :)
Ron Liberman
Posts: 773
Joined: Sat Oct 30, 2004 4:23 pm
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Post by Ron Liberman »

The criminal issues are not going to be easy to deal with. Although ,of course, you want to live with your husband, and the Immigration Act has a stated aim of re-uniting families, you need to understand that Canada is not seeking to bring in people with criminal records, or people they believe have committed what would be a criminal offense if committed in Canada.

Yes, you must explicitly request consideration of your application on Humanitarian and Compassionate Grounds or these factors likely cannot be
considered on Appeal.
singlemama
Posts: 4
Joined: Wed May 10, 2006 11:03 pm

Post by singlemama »

Thank you again for your reply. I have sent a letter to the embassy in Guatemala. In regards to the criminality issue, all charges/convictions in Denver had been given when my husband was a juvenile, and those are not admissible in our immigration application. The outstanding warrant is for failure to appear for sentencing. If we are denied the spousal prermanent residency, do you think I should contact a lawyer in Denver and send my husband there to turn himself in on the warrant? Thanks again!
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