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| Subject: Appeal-Exlusion Order |
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My dilema is: My husband (American, we have been married since nov2004) came to Canada in December 2007 but failed to report to a Customs officer (why he didnt report was because he was charged 7yrs ago with a DUI, the 5yrs is up Mid-Late July or him to be able to enter Canada). He later reported to a customs officer (voluntairly within 24hrs) and was issued an exlusion order. He has been in Canada on a $1000bond and has to ck in with the CBSA once a month, of which he has done. WE applied for a PRRA and just received notice that his PRRA application was denied. They informed us that the exlusion order was NOW in effect and he should remove himself "IMMEDIATELY". When talking with the CBSA I reiterated the fact that the exclusion order said that they must give us a reasonable amount of time for him to leave. WE applied for spousal sponsorship four months ago and should have a decision made by the end of August. The CBSA did not care when I mentioned that we had a spousal sponsorship in process and that a decision should be made shortly. THey are simply enforcing the exclusion order. I need to know ASAP like tomorrow, on how to appeal the exlusion order. DO I need a lawyer to do this for me, or can I do it myself. The CBSA is going to call us this week to check up on the steps we are taking to have him removed. I need to figure out how to stall this "exlusion order" until our application is approved! Helpppppp..anxiously awaiting.
[13-07-2008,19:21]
[***.6.19.227]
Charlene |
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(in reply to: Appeal-Exlusion Order)
Here is the best advice ever because I can not make money from this Federal Court B_.
"Removal takes precedent from the date of your initial PRRA letter" calling your husband in for an appointment. CBSA job is to remove people and if you have a child that will never be educated without paying foreign student fees they don´t care, you have a spouse for 4 1/2 years they don´t care their job is to remove.
You gone about the whole process incorrectly. 7 years and no more drinking and driving convictions!
dah deemed rehabilitated.
Well you start with a request for deferral of removal and it must be worded correctly Human Right violation as per the UN breaking up families. Deferral removal request probably denied but I have had two this year. Lost one I was positive I would win.
Then go for a stay of removal and it has to filed correctly and on time with the Federal Court.
Now I could recommend a law firm that was successful for one of my clients and not for another but yours seems a case screaming for media attention.
Want your story front page ???????
Either way you must move real fast and it will cost around $4,000.00 - $5,000.00 win or loose.
Or you can start all over again from outside of Canada for an awful lot less.
Your choice--talk to you.
Roy
www.cvimmigration.com
[14-07-2008,00:29]
[**.55.216.138]
Roy |
IF front page is what it takes (in reply to: Appeal-Exlusion Order)
I am in British Columbia Canada and would need a referral in BC. My husband has had a clear record since the impaired charge. My husband is of Cherokee decent and I have been working on getting his Cherokee registration. THe first question they (CBSA) asked him when we were in Vancouver at the CBSA admissibility hearing (Dec 2007) was if he was a registered Indian or Native American. I informed the Vancouver CBSA agent in Vancouver that my husband is of Cherokee decent and that I have been working on getting him registered. Although I can show them all the information that I have collected in the last 5 yrs on his Cherokee background I have not been able to register him YET. Now that I have found his decendants on the Cherokee registration list I must collect the primary documents (all of which are in the state of Georgia) and submit them to the Cherokee Registration Centre in Oklahoma. HAD my husband been a registered Cherokee the DUI conviction would not have prevented him from entering Canada (due to the J Treaty). I myself am a registered Indian within the meaning of the Indian Act.If going to the media and being on front page is what it takes to keep him here in Canada then that is what we must do. Although we have no children together he is the step father of my 10yr old daughter, and a 24 yr old daughter. My 10yr old has always referred to him as her father. My husband has been a father figure to my daughter since the summer of 2003 and having him ripped out of her life at this time would cause her great distress. Do you think there is anything that the Provincial MLA can do to help us with the media attention or any type of immigration service that can assist us?
[14-07-2008,01:11]
[***.6.19.227]
Charlene |
(in reply to: Appeal-Exlusion Order)
I prefer spaces between paragraphs because it makes it easier for me to read.
The reason they want to know if he is registered is that First Nation persons like your spouse are equal to citizens whether or not he carries a Canadian passport.
Get your tribe to adopt him if your Cree.
That was a plan for one of my clients in desperate need but we never reached that point.
I am sorry but I will not be able to confidently recommend any legal counsel in BC.
Roy
www.cvimmigration.com
[14-07-2008,08:54]
[**.52.217.108]
Roy |
Cree (in reply to: Appeal-Exlusion Order)
Is there a reason why it has to be a Cree Nation? I´m not Cree, I am Gitxsan. Although I do have connections to a Cree Chief.
[14-07-2008,17:59]
[***.32.208.233]
Charlene |
(in reply to: Appeal-Exlusion Order)
Yes the Cree Nation can adopt adults.
[14-07-2008,22:13]
[**.15.49.254]
Roy |
