Illegal in US wants to emmigrate

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Subject: Illegal in US wants to emmigrate
  I´m not sure why it is no longer possible to reply under the previous thread by this name, but since it´s not, I´m starting a new one.

I did go to the operations manual, in fact I double checked before I wrote my first reply.

The previous poster states Regulation R11(1) clearly says that if an applicant is lawfully admitted to any country for one year then applicant is eligible to file from that visa office.

Regulation R11(1) actually says: "the country where the applicant is residing, if the applicant has been lawfully admitted to that country for at least one year"

The difference between "is" and "has been" is enormous in this instance. (For what it´s worth, I am a native English speaker, and used to teach ESL). "has been" means the action, which began in the past, is still going on into the present. In other words, that the individual, was and continues to be, lawfully admitted. Any other interpretation violates the plain sense of the phrase.




[04-10-2004,20:50]
grendel
(in reply to: Illegal in US wants to emmigrate)
grendel,

Let´s review and understand R(11) again:

It states word to word -
==============================================
1) The country where the applicant is residing, if the applicant has been lawfully admitted to that country for at least one year; or

2) The applicant´s country of nationality, or if the applicant is stateless, their country of habitual residence other than a country where they are residing without having been lawfully admitted.
==============================================

Let´s interpret 1).
- If an applicant has a visa to enter US for two years and applicant is still residing at the time of applying with three years stay (i.e., one year overstay) then according to the construction of the sentence, the applicant HAS BEEN entered US legally (as per his visa) for at least one year and HE IS still residing (as per the requirement of filing from US) regardless of the status, then applicant is ELIGIBLE to apply. CIC has nothing to do with his status in the country from where he is filing as far as he is meeting the criteria as just discussed.

Applicant SHOULD NOT HAVE any problems as far as the application eligibility is concerned.

By the way, I possess good knowledge of English, too. I have lived in developed countries and the linguistic errors native speakers commit are quite frequent.

[05-10-2004,01:33]
sanrup
(in reply to: Illegal in US wants to emmigrate)
grendel,

well let´s take a close look at the regulation u had quoted as follows in regard to where one may lodge an application for a Canadian immigrant visa:

Regulation R11(1) actually says: "the country where the applicant is residing, if the applicant has been lawfully admitted to that country for at least one year"

u´re absolutely right that "has been" means an action that occurred in the past and continues to the present. accordingly, a person who was legally admitted to such country for one year will always possess that fact (that they were legally admitted to such country for one year) in their immigration history, notwithstanding their current immigration status in that country.

if they had wanted the person to be presently in valid immigration status in the regulations, they should have stated "... has been lawfully admitted to that country for at least one year ... and continues to be in legal immigration status in such country."

thus, i see no requirement in the regulations for a valid legal immigration status at the time of filing. if poor beto has already gotten confused by our lengthy discussions on this issue, he should consult a Canadian immigration lawyer.


[06-10-2004,04:30]
Anonymous
(in reply to: Illegal in US wants to emmigrate)
sharon, u questioned in the last thread why Canada would want beto if he had already violated his u.s. immigration status. i understand your concern in this seeming lack of regard for the law on beto´s part.

however, i always try to give people the "benefit of the doubt" because we don´t know all the relevant facts of beto´s case. who knows, he might have fallen out of valid u.s. status because the INS delayed the adjudication of his case. or perhaps, he is liable to suffer persecution or even the loss of his life from the drug lords in columbia were he to return there (which may provide a basis for his "refugee/asylum" claim). also, every one´s life story is different.

so, my point is we should endeavor to withhold judgment on other people unless we know all the relevant facts of their case. and more often than not, it´s only God who knows. peace to u.

"blessed are the merciful for they will find mercy."


[06-10-2004,04:48]
Anonymous
(in reply to: Illegal in US wants to emmigrate)
Is the original poster dead serious about his problem? Why is he dead silent with your arguments? I think it is best for Beto to clarify things before we act as lawyers.
[07-10-2004,05:29]
bruce
illegal (in reply to: Illegal in US wants to emmigrate)
I am a compassionate person. I also realize that there are 10 times as many folks out there that want to immigrate as Canada can absorb. There are reasons that immigration officers decline applications. Discussions about why someone might choose to disregard the terms of their visa is irrelevant. Given the volume of applications, if I had to chose between 2 applications of equal merit and one has deliberately broken his agreement (the law) with another country about his length of stay... in my mind it is a no brainer. In the sections of the act that you quote, the assumption is made that the applicant is living within the terms of the visa agreement. Why would Canada select a candidate who has demonstrated disregard for the law? Enlighten me.
[07-10-2004,13:41]
sharon
(in reply to: Illegal in US wants to emmigrate)
sharon,

i believe u are a very reasonable, intelligent person. however, i would have to disagree with u in when u said ".... Discussions about why someone might choose to disregard the terms of their visa is irrelevant."

in my years of dealing with u.s. immigration officials, sometimes it is not even a choice that foreigners find themselves in a position of violating their u.s. immigration status. u are in Canada, and for the most part, i believe that your immigration system is functional (correct me if i´m wrong). in contrast, the u.s. system is a !%$@#&! big mess.

i´ve had cases where the u.s. immigration service (cis) sent important notices to obviously wrong addresses. if u fail to respond to their notice ... boom u´re out of status. or they lose your documents or worse claim that they never got it in the first place. did i mention them taking years to adjudicate simple petitions?

other cases involve foreign students where their school advisor neglected to submit the correct forms to cis or did not do it timely. i could go on and on til i bore u to death.

this problem is further compounded by the fact that a lot of foreigners do not know how our system operates. they don´t know that when u send something to cis, it has to be secured mail. or worse, they do not even speak english well enough.

so, i don´t really know beto´s facts. but if i were a cic officer reviewing his case, i would definitely explore the reasons why he has fallen out of u.s. immigration status and make my decision afterwards. if u do disagree w/ me, well we can agree to disagree. but it has been a pleasure having this discussion w/ u.





[08-10-2004,04:54]
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