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| Subject: Sick to death to be separated by force |
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I am married to a U.S. citizen and he had been refused to enter as a visitor for stupid reasons by the Can. border agent - I am truly not kidding. I went to the Immigration office and they said I can not do anything at all to get a visitor pass for my husband. I am native Canadian and I am sick to death to be separated from my husband. (I even tried to enter in U.S. as a visitor and they refused me the access without even having a ticket parking) Can someone here help me please?
[11-11-2004,20:34]
TotallyForHim |
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separation (in reply to: Sick to death to be separated by force)
I suggest you contact a lawyer. I doubt that any of us have the knowledge of the law or immigration rules to give you an adequate answer for such a serious matter. please let us know what is advised.
[11-11-2004,22:17]
sharon |
thats terrible (in reply to: Sick to death to be separated by force)
well I´m not sure whats going on but Canada typically is BIG on keeping families together.
My wife is Canadian and I am American and they let me in just fine. In fact they gave me a 1 year visitor record to apply for Permanent Residency. Did something happen in the past as far as visas go for him? What I mean was he out of status for an extended period of time? These are possible reasons for denying entry.
My suggestion is to get ALL of your supporting documents together (marriage certificates, passports, etc..) Meet at the border and tell them your situation, I highly doubt with the documentation they will deny his entry... UNLESS there is a reason for them to deny the entry (ie. previous record). Email me with questions and such, I´m interested to hear what happens... pengrafo@msu.edu
[12-11-2004,10:34]
fp |
Here it is (in reply to: Sick to death to be separated by force)
Hi fp and all,
I already said he was refused to enter as a visitor for stupid reasons. I know his past history and there is nothing special there. He is considered rehabilited by the U.S. gov´t and the CiC agent of Canada said the only two things remaining on his file: for the first one, he is considered rehabilitated by the Can. gov´t and the second one, she said: "It is not a big deal". So why the Canadian border agent, Mona Scott, refused his entry as a visitor then?
Second, he had already all the imaginable required documents to pass.
I got an idea this morning: Maybe if he get an official job they will let you enter in? Here is the informations about the work visa permit:
http://www.immigrationfirm.ca/workingvisacanada.html
If a Canadian employer will fight by his side to get his entry in Canada, maybe it will work? Especially if this Canadian employer is a very well placed one:)
If someone knows about this new idea I got, please give me inputs.
[12-11-2004,13:11]
TotallyForHim |
well............ (in reply to: Sick to death to be separated by force)
Well here is your biggest problem...
There must still be something barring him from entering the country, there must be. If they consider him rehabilitated then that shouldn´t be a problem, especially if you have it in writting. Now depending upon the severity of his prior issues you may have problems getting police certificates, etc.. Remember for police certificates you must have clearance from not only the FBI, but also for every state he has lived in for 6 months or more.
I hate to say it but without knowing the details of the case more it is hard to make an educated guess as to why they havn´t let him in, and whether they ever will. There must be a reason for it, even if you say the reasons are stupid, they must be somewhat important for them to take precidence in the agents decision.
Which port of entry did he try to enter through? Maybe try a different one next time? Regardless, I would consider talking to a lawyer for your case.. sometimes they can pull some beurocratic strings... also, you might want to talk to your MP.
Let us know..
FP
[12-11-2004,13:33]
fp |
Conclusion (in reply to: Sick to death to be separated by force)
Well...I need to continue to fight because I won´t receive what I need here. Nobody is hearing my husband is considered rehabilitated by the U.S. gov´t. Is the U.S. gov´t stupid? I think not. So, since he is considered rehabilitated by the U.S. gov´t, why the Can. borders don´t let him enter as a visitor?
I am stopping here because I have something else to do than to open my heart for nothing.
Many thanks for your comprehension:-)
A good Can. Citizen.
[13-11-2004,16:53]
TotallyForHim |
sick to death (in reply to: Sick to death to be separated by force)
please do not feel like we do not hear you... we do, but we do not have adequate answers for you. No advice is better than wrong advice. We do not know the details and we do not entirely understand ´reahabilitated´ under Canadian and US law. We have all tried our best to offer you our opinion which is... this is too big for us. Please see a lawyer.
[13-11-2004,17:41]
sharon |
I am truly sick to death (in reply to: Sick to death to be separated by force)
If it is too big for you, you can imagine how too much big it is for me !!!.... I do not have the necessary assets to contact an Immigration lawyer.
It is not your fault..but it is not mine either if there is stupid nuts separating husbands and wives at the borders.
[13-11-2004,17:45]
TotallyForHim |
alternative (in reply to: Sick to death to be separated by force)
try legal aid and your member of parliament. If injustice has occured, there is likely someone that will help you. Love and the law are not always good friends. I wish you the best of luck. Is there a reason you cannot go to the US to be with him?
[13-11-2004,18:11]
sharon |
more information (in reply to: Sick to death to be separated by force)
this is from the Canadian Embassy site - Washington. it contains some information and instructions. Does not look like marital status pre-empts inadmissable but if rehabilitation has occured, there seems to be some steps to resolve your situation. Here is what it says...
Persons who have been convicted of a CRIMINAL OFFENCE in ANY COUNTRY may be INADMISSIBLE TO CANADA as a result of their criminal record. Even persons who do not require a Visa to enter Canada may still be refused permission to enter Canada if they are MEMBERS OF AN INADMISSIBLE CLASS.
INADMISSIBLE CLASSES:
Members of Inadmissible Classes include those who have been convicted of MINOR OFFENCES (including shoplifting, theft, assault, dangerous driving, unauthorized possession of a firearm, possession of illegal substances, etc.), or of INDICTABLE CRIMINAL OFFENCES (including assault with a deadly weapon, manslaughter, etc.). As well, those who have been convicted of DRIVING WHILE INTOXICATED (DWI) are considered Members of an Inadmissible Class. Driving while under the influence of alcohol is regarded as an extremely serious offence in Canada.
Those who have received TRAFFIC VIOLATIONS (including parking/speeding tickets, etc.) and other minor violations (i.e. littering, etc.) most likely will NOT be prohibited from entering Canada. Similarly, those who have JUVENILE CONVICTIONS (convictions for crimes committed while under age 18) most likely will NOT be prohibited from entering Canada unless they could have been tried as an adult for their offences.
TEMPORARY RESIDENT PERMIT, APPROVALS OF REHABILITATION, AND PERMISSION TO RETURN TO CANADA:
Those who have been convicted of an offence IN CANADA who wish to return to Canada must first apply for a PARDON from the CLEMENCY AND PARDONS DIVISION OF THE NATIONAL PAROLE BOARD. A Pardon permanently erases the Canadian criminal record, and any consequences of inadmissibility resulting from it. Those unable to obtain a pardon may still apply for a TEMPORARY RESiDENT PERMIT. For more information on pardons, contact:
NATIONAL PAROLE BOARD,
Clemency and Pardons Division,
340 Laurier Avenue West,
Ottawa, Ontario, Canada, K1A 0R1.
Those who have been convicted of an offence OUTSIDE CANADA, and have had 5 years elapse since the termination of the custodial portion (if any) of the sentence imposed (not the sentence served), may apply for a Minister´s APPROVAL OF REHABILITATION. The Minister´s Approval will permanently remove the inadmissibility caused by conviction.
If less than 5 years have elapsed, or if persons are only seeking entry to Canada for a single or limited period, then they may apply for a TEMPORARY RESIDENT PERMIT.
Those subject of a previous DEPORTATION ORDER FROM CANADA require PERMISSION TO RETURN TO CANADA before they can enter Canada. As well, those who have been subject of an EXCLUSION ORDER within the past 12 months require Permission to Return to Canada before they can re-enter Canada.
**NOTE: In general, applications for Minister´s Permits, Approvals of Rehabilitation and Minister´s Consent take into consideration the nature of the offenses committed by the applicant, the number of offenses on the applicant´s record, the length of time since the last offense, reports from parole or probation officers, the purpose for which entry into Canada is sought, and the applicant´s standing in the community.
APPLYING FOR A TEMPORARY RESIDENT PERMIT, APPROVAL OF REHABILITATION, OR PERMISSION TO RETURN TO CANADA:
Persons may apply for a Temporary Resident Permit, Approval of Rehabilitation, or Permission to Return to Canada either in Canada or at one these CANADIAN VISA OFFICES IN THE UNITED STATES:
The Canadian Consulate General in BUFFALO, NY
The Canadian Consulate General in NEW YORK, NY
The Canadian Consulate General in DETROIT, MI
The Canadian Consulate General in LOS ANGELES, CA
The Canadian Consulate General in SEATTLE, WA
**NOTE: Be sure to visit the website of the Canadian Visa Office that will be processing your application to confirm hours of operation, processing times, documents/forms required, and other instructions. Application Forms may be obtained from the above offices.
DOCUMENTATION THAT MAY BE REQUIRED BY A CANADIAN VISA OFFICE TO PROCESS TEMPORARY RESIDENT PERMIT OR APPROVAL OF REHABILITATION APPLICATIONS:
POLICE CERTIFICATES from the jurisdictions where the applicant has lived since his/her 18 birthday (or for the last 10 years).
THE APPLICANT´S OWN STATEMENT OF CIRCUMSTANCES leading up to his/her conviction.
COURT RECORDS relating to the applicant´s conviction(s).
REPORTS OF PROBATION OR PAROLE OFFICERS.
A COPY OF THE STATUTE under which the applicant was convicted.
THREE LETTERS FROM PERSONS OF STANDING IN THE COMMUNITY who know the applicant personally, and who can attest to the applicant´s rehabilitation.
[13-11-2004,18:36]
sharon |
Do you know if it is written somewhere he CAN visits his Canadian wife? (in reply to: Sick to death to be separated by force)
Hi Sharon and all,
First, I wish to thank you Sharon.
Do you know if it is written somewhere he CAN visits his Canadian wife while processing for his pardon? He is a Canadian because he is married to a Canadian, right? This situation is killing us. Just at the beginning of our honeymoon. I can not stress in words how it is painful.
If you know where it is written, I need THIS.
Thank you to listen.
[13-11-2004,20:11]
TotallyForHim |
(in reply to: Sick to death to be separated by force)
no, he is not a Canadian. You can sponsor him, but he would still need to clear up this legal problem. It is hard to understand what the exact situation is with a visitor visa and a pardon application. I think they would want assurances that he would leave Canada at the end of his visit. Under the circumstances... they may be doubtful. Until the documents are processed.. I would try to go to the US for a holiday! It sounds like you have found yourself in a very difficult situation. I hope you can find a solution.
[13-11-2004,20:20]
sharon |
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