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| Subject: How to get son here from China? |
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I married my wife from China in March of 2000. A year after that she announced that she had a son. So she wanted that son here. She didn´t declare the son when she immigrated here and has various excuses for that.
The background of this son was that he was given to a family since he was born so there has been no contact between mother and son. However recently that family said they are too old to take care of the son who is now 13 years old. And so my wife feels guilty and bad for the son and would like to get him here for these reasons.
So I applied to the case processing center in Mississauga and they rejected the application probably because he was not declared in the first place. However they said try to send the application to the Beijing Embassy. So last year I sent the application to the Beijing Embassy. After waiting 8 months I followed up with a letter. They answered two weeks ago and said they have no record of the application and furthermore they don´t have anything to do with that anymore. So then the people at my wife´s English school told her to seek out a lawyer and tell then that now that my wife is in Canada, she realizes the importance of children and that may help to get the son here. So I contacted several lawyers. They wrote the following:
Lawyer#1:
We would be pleased to represent your interests.
Our fees to represent your interests shall be fixed in the amount of $C2000 payable in three installments with a first payment of C$500 followed by $750 and $750. There is an issue of misrepresentation on the part of your wife whom you sponsored as she failed to declare the child. If the government refuses on this basis, your wife would have a right of appeal which would entail a separate mandate. We cannot predict whether this will materialize however your wife has no choice but to confront this fact in a proper format which we will outline to you in due course.
Lawyer#2:
I indicated to you yesterday that an appeal of the refusal had to be initiated at the Immigration Appeal Division within 30 days of the decision being appealed and to the Federal Court within 15 days of the decision.
I did not suggest to wait four or five months to see if any class action or other matter is settled. If you do not have an active appeal before the proper tribunal you cannot take advantage of any decision rendered on another case. It is imperative that if you want to act on this that you do so without delay. As you were not able to provide me with the exact dates of the letters we discussed, it may be that the period within which to file the appeal is already terminated.
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So does anyone know if there is a good chance to get the son over? My wife´s logic is that this son is her own flesh and blood. She sees ads on TV where people get children over from other countries (adoption) that are not even realted to them. So she said isn´t it more important to get her own flesh and blood over.
Thanks in advance for any help on this subject.
Ray
[21-04-2004,13:07]
Ray |
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Son sponsorship (in reply to: How to get son here from China?)
I´m not a lawyer, so my personal opinion may not matter so much.
Did they tell you why they rejected your application in the first place. I feel that it´s illogical for the Canadian Immigration authority to do so, in the case of a minor child. Unless, I presume that they suspect that he is not actually your wife´s son.
Whether or not, he was listed initially in your wife´s application is irrelevant, so long as it can be subsequently proven conclusively that he is indeed your wife´s son. Just because he was not listed as a family member does not negate the fact that he is still flesh and blood.
Besides, if you read the summary to the Canadian Immigration and Refugee Protection Act, this enactment provides for (e) recognition of Canada´s commitment to the principle of the ´best interest of the child´. I feel the best interest of the child in this case, would be to be re-joined with his mother.
Therefore, I feel that in the least, the son´s application would be accepted on the compassionate and humanitarian grounds. So there is definitely a high chance of your appeal succeeding.
Otherwise, you can state your case to the news and electronic media, and shame the minister in doing the needful. Especially in an ´election´ year
Hope that this helps
[21-04-2004,16:56]
Will |
Sponsering the son (in reply to: How to get son here from China?)
There I another way I can think of... Hope it is a right way...
If the child is still minor... you may try getting him here on adoptation basis...
Adopt the child from a foreign land and here you go... he might be here soon and soon enough...
Good Luck with your case...
[21-04-2004,17:02]
Harshal |
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