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| Subject: ADR |
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My wife´s PR application was refused about 18 months ago. We appealed and the IAD has granted us an ADR conference, which will take place three weeks from now. Just doing some research on the ADR process at the IRBC website and read the following:
"If Minister´s counsel agrees that your appeal should be allowed, a Summary of Agreement will be prepared. A member of the Immigration Appeal Division must approve each settlement. Once approved, a decision allowing your appeal will be issued. Your sponsorship application will then continue to be processed by the Visa Office. "
Can anyone tell me what the last couple of sentences mean? If they agree that the appeal should be allowed, does that mean we have to reapply? I thought the reason for an appeal was that we did not have to reapply. I´m confused. Has anyone gone through this? What exactly happens after a successful resolution in the ADR conference? Thanks in advance for any insight!
[26-05-2009,04:20]
[**.158.153.205]
SnootchieBootchies |
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(in reply to: ADR)
Love your Handle, LOL
Okay I´ll answer your question first then tell you you´re going about this backwards.
Consider a board room table with a DRO (Dispute Resolution Officer) sitting at one end. Do not try to impress this person they don´t really count.
Opposite you will be a CBSA Officer or a Public Security Officer who will be asking the vast majority of questions.
If you clarify any misunderstandings or the visa officers concerns and the Officer concedes the DRO or IRB member will write an explanation of what occurred. The letter will be one page and will state that you showed (ABC) and explained (XYZ)you will sign that and the letter will be forwarded to your partners Visa Post.
NOW FOR THE BACKWARDS PART.
You need to submit some submissions to clarify any misunderstandings or silly comments by your partner at their interview. Two copies within ten days.
The pages need to be numbered include stuff like recent phone bills that show the frequency of calls and duration. Include any IM´s or e-mails and make sure you colour copy all of your pictures you need to show.
If there is a concern as to the number of guests at your reception make sure new photos show how many people were present. If the concern is lack of knowledge from your partners side make sure you can explain why he/she did not know something.
Focus on the visa officers notes and try with documents to explain away all concerns.
One set of submissions goes to CBSA and the other to the ID.
Roy
www.cvimmigration.com
[26-05-2009,09:05]
[**.15.48.61]
Roy |
(in reply to: ADR)
IAD
[26-05-2009,09:06]
[**.15.48.61]
Roy |
(in reply to: ADR)
Thanks for the response, Roy. There are no question about our relationship. Even the CAIPS notes state that our relationship appears bonafide. The reason my wife´s application was refused was because of a charge of petty theft in California 5+ years ago. And that is the only reason stated for refusing her application. So based on your message, we should just focus on the circumstances of her conviction, right?
Also, I´m listed as the sole Appellant. My wife will be there with me. Will they be asking my wife any questons or will they expect me to speak for my wife?
Thanks again for your insights!
[26-05-2009,14:21]
[**.158.153.205]
SnootchieBootchies |
(in reply to: ADR)
Your wife is in Canada.
Your wife has been deemed inadmissible for a conviction and your representing yourself!!!!!!!!!!!!
WHY WAS THIS SENT TO ADR?
Why on earth take your wife there?????
On what basis are you appealing?????
Roy
FROM OFFICE IP ADDRESS
www.cvimmigration.com
[26-05-2009,16:45]
[**.70.65.132]
Roy |
(in reply to: ADR)
Hi Roy, please clarify these questions. Not sure what you mean by them. Are you asking why we requested an ADR or are you asking twhy the ADR decided to grant us one? And are you saying my wife should not show up at all, even though IAD knows she has a TRP and we are living together as husband and wife? And the basis of the appeal was that she was never criminally convicted. She was charged with an infraction, which in equivalent to a traffic ticket. The IO equated the infraction (and perhaps rightly so) to the equivalent Canadian charge of theft under $5,000. So are you saying that this not a basis for an appeal? If so, why would IAD grant us one? Very confused. Any insights to the meaning behind your questions would be much appreciated.
[26-05-2009,21:10]
[***.38.54.90]
snootchiebootchies |
(in reply to: ADR)
Answering this type of question when the information comes out bit by bit is very difficult. I initially saw conviction. BUT...............more questions.
Your wife never appeared in court?
Is your wife fleeing prosecution?
Having a TRP Temporary Resident Permit like a Student Permit/Work Permit CVV etc. does not give her a right to reside in Canada.
Did she inform the CBSA at the time of her arrival in Canada of the charge?
A TRV Temporary Resident Visa overcomes inadmissibility.
Nobody other then the appellant is asked questions at a ADR!!!
Whether by Indictment or Summary --- Immigration proceeds as if it is an Indictable offence. 10 Years means inadmissible.
The Canadian Criminal Code sees theft punishable by;
Punishment for theft
334. Except where otherwise provided by law, every one who commits theft
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of what is stolen does not exceed five thousand dollars.
Roy
www.cvimmigration.com
[26-05-2009,21:45]
[**.15.48.61]
Roy |
(in reply to: ADR)
Thanks again for your response. My wife did appear in court and her sentence was a fine and a one-year ban from the store where the offence took place. All conditions of her court order has been satisfied. And the CBSA is aware of her criminal inadmissability, as the application for her TRP included updated criminal history checks (to prove that was her one and only criminal act), character reference letters from community leaders, a letter from a U.S. lawyer explaining the nature of infractions vs. misdemeanours and felonies, etc.
So do you have any thoughts about what kind of questions will be asked of me at the ADR?
Thanks again.
[26-05-2009,22:51]
[***.38.54.90]
snootchiebootchies |
(in reply to: ADR)
I´m at the IAD almost twice a week every week! Of course I know but your situation is very illogical.
First you write CHARGE and now it turns into a CONVICTION!
Theft is Theft!
All Theft no how minor is Indictable and the Punishment for THEFT in Canada is found in the Canadian Criminal Code under section 334!
A conviction for theft equates to a punishment by indictment with a potential for 10 years in custody and I don´t know what was stolen.
In Canada a person can get 25 years or Life for breaking into a dwelling house with the intention of committing an indictable offence. Which could be THEFT!
Nobody gets near to 25 years especially if it is first offence. BUT............they could.
You CLAIM your going to an ALTERNATE DISPUTE RESOLUTION meeting in three weeks so read the RECORD it will tell you in there everything you need to establish.
Look for a comment regarding IRPA 16 (1)
If that is there in the rejection letter you could lose your status as well.
Look at the RECORD which CBSA sent you and check everything including look for any 44 Reports.
June 11th I´m doing ADR`s there all day!!!
Roy
www.cvimmigration.com
[26-05-2009,23:51]
[**.15.48.61]
Roy |
after adr (in reply to: ADR)
Ok I need some answers
ok i am the sponser to my husband for permanent residence to canada i was living with my husband outside of canada in europe for a year we waited together 7 months in a half to get our answer and we got refused without even an interview so anyways then i put our refusal to court and i got an adr conference meeting so i just had gone to it 3 days ago and i dont know what was going on im young this is the time ive done these kind of stuff so at the meeting it was going well i answered the questions good and maybe made 1 mistake because i was so nervous and stressed we waited so long me and husband, so at the end i was cryiing my eyes out and the man in front of me was like i believe you your a good girl and he was like you could apply again or go to the full hearing so i signed still crying ...couldnt even as questions for anything ...im just wondering is this good to apply and how long will it take and is it for sure that ill get my husband this time here? please and thank you
[17-10-2010,22:47]
[***.95.148.210]
Albana |
(in reply to: ADR)
geez Roy you don´t have to be an a$$hole like that... frankly you remind me of that lady from my post, Sharon. Somehow you two are alike. No manner and not helping at all. She is even worse, instead of answering my questions, she gave me info that is not my concern. Stop being jerks.
[18-10-2010,00:19]
[***.136.143.123]
returning |
