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| Subject: plz i need an answer? |
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hi to all,
i got married to a canadian spouse we used to live in the USA, i got deported before i apply for my sponsorship. So after the deportation we came to my home country (lebanon) and we apllied from there as spouse sponsorhip to the canadian embassy in syria.After 18 month they denied me coz i was deported from usa saying i can reapply after 2 years . Even i mentioned my deportation with details in my application.
1-Is this normal according to law and wats my chances when i reapply after 2 years ?
2-Do u think the denial is going to affect my case.( i have no criminal record either in lebanon or USA).
now my wife is pregnant ,do u think they will take this into consideration, she talked to 2 lawyers , they said its better to wait for 2 years and reapply because if they deny the appeal they will excluded me for 5 years. she has to go to Canada to finish her school.
1-Is there anyway i can be with her coz of her pregnancy ?
2- i heard about ARC what is my chances with it . what is ARC excatly do i have to leave the country after some time ?
[03-12-2009,03:14]
[**.99.25.3]
Mario |
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(in reply to: plz i need an answer?)
Those that help themselves will normally be more successful then others who ask others to do everything for themselves.
You could of searched on this site or the internet and found most of your detailed answers.
Hopefully when my SLOW web guy gets finished updating my site a detailed response will be found there as well.
Wishing you all the best.
http://www.cic.gc.ca/english//resources/manuals/op/op01-eng.pdf
6.4. Who requires an ARC? (Under the authorization of the Minister of Citizenship and
Immigration)
Under A52(1), a foreign national must obtain a written ARC after the enforcement of any of the
following removal orders:
• a deportation order (lifetime ban from returning to Canada) [R226];
• a departure order that becomes a deportation order (lifetime ban from returning to Canada)
[R224(2)];
• an exclusion order:
♦ one-year ban [R225(1)];
♦ two-year ban [R225(3)].
Before an application for an ARC can be considered, the removal order must first be enforced. A
removal order can be enforced by two methods: either at a POE, or at a visa office outside
Canada pursuant to R240(1) or R240(2). A removal order is enforced under these provisions only
after an officer has issued a Certificate of Departure (IMM 0056B). For further information on
enforcing a removal order at a visa office outside Canada, see ENF 11, section 13.5.
Note: Persons who have been issued any removal order on the basis that they are an accompanying
family member under A42(b) do not require an ARC.
6.5 Issuing an Authorization to Return to Canada (IMM 1203B)
At visa offices outside Canada, only a program manager, deputy program manager, or operations
manager has the designated authority (see item 35 of IL 3 at
http://www.ci.gc.ca/Manuals/index_e.asp) to sign an IMM 1203B and enter the decision on the
ARC screen in CAIPS. An ARC is issued to overcome a removal order.
There are two mandatory steps in issuing an ARC:
• complete the ARC screen on CAIPS; and
• complete IMM 1203B (granted) or IMM 1202B (denied), both of which are available on CIC
Explore.
The rationale for the decision to grant or deny must be fully explained in the Remarks field of the
ARC document.
For further information on completing the ARC screen, refer to the CAIPS User Guide.
In addition to an ARC, applicants from non-visa-exempt countries will also require a temporary
resident visa. For permanent residence applicants, officers should note in the Remarks block of
the Confirmation of Permanent Residence (IMM 5292B) that Authorization to Return to Canada
was granted [A52(1)]. All applicable cost recovery fees must be paid prior the issuance of an
ARC.
Officers should:
• make two copies of the original IMM 1203B;
• give the original to the applicant;
• send one copy to the office that removed the applicant from Canada;
• send the second copy to the Microfilm Unit, Records Section, Information Management and
Technologies Branch (BIM), CIC, NHQ, 2/F, Jean Edmonds Tower North, 300 Slater, Ottawa,
Ontario, K1A 1L1;
• inform applicants that they must present the IMM 1203B at a port of entry.
If applicants arrive at the port of entry without an IMM 1203B, they may be reported under A44(1)
for non-compliance for not having obtained the Authorization to Return to Canada as required
under A52(1).
Note: The ARC document should be used to grant the Authorization to Return to Canada whenever
written authority is required (including exclusion orders). Its use is not limited to previous deportees
where the PREV.DEP flag is enabled.
6.6. Effect of ARC decisions on the PDP database
Where there is a PREV.DEP flag enabled in FOSS, the effect of the ARC will be as follows:
• a decision to grant an ARC will disable the PREV.DEP flag in FOSS, remove the person from
the Primary Inspection Line (PIL) “Hit List” at the port of entry and automatically remove the
record from CPIC; or
• a decision to deny an ARC will maintain the PREV.DEP flag in FOSS, cause the client to
remain on the PIL “Hit List” and maintain the record in CPIC.
The PREV.DEP flag in FOSS will be automatically disabled and the PDP information will be
electronically removed from the CPIC-PDP database only after the program manager or
delegated authority has granted an ARC under A52(1), issued an IMM 1203B for a deportation
order or a departure order that has become a deportation order, and has completed the ARC
screen in CAIPS.
Failure to remove the PREV. DEP flag from the CPIC-PDP database may result in the wrongful
arrest under A55(2)(a) of a previous deportee who has been granted an ARC and has been
issued a valid visa or permit. It is essential, therefore, that an ARC document be completed where
previous deportees are granted authorization to return to Canada before issuing a visa or permit.
6.7. Amending an ARC decision
In exceptional circumstances, there may be occasions where an ARC is issued and new
information later reveals that the document should not have been issued. Officers should take
note that once the Decision field has been filled and the document finalized, the ARC cannot be
re-opened and amended because a positive decision will have electronically removed the
person’s record from CPIC-PDP. It is therefore imperative for officers to be sure of their decision
before completing the screen. The document can be edited until the Decision field has been filled.
Should unanticipated circumstances occur requiring the decision to be changed after the ARC has
been finalized, the following protocol must be followed.
To reverse a positive decision:
• send an e-mail to IWRC with a short explanation and a request to re-enable the PREV.DEP flag;
• create a new ARC, choosing Value 3 (negative decision);
• copy and paste the e-mail sent to IWRC into the Remarks field of the new ARC file.
To reverse a negative decision:
• create a new ARC, choosing values 1 or 2 (positive decision);
• explain the reason for the reversal in the Remarks field;
• no need to advise IWRC.
If the Decision field shows “Application abandoned/withdrawn,” a new ARC must be created.
There is no need to advise the IWRC.
Roy
www.cvimmigration.com
[03-12-2009,09:22]
[**.52.216.166]
Roy |
to Roy (in reply to: plz i need an answer?)
Roy , i appreciate your information thank a lot.
But based on your experience.
1-do u think i have a chance with ARC? and how long it will take, do u think should i go for it ?
2-what about my original case, what is my chances after the 2 years ban.
[05-12-2009,02:00]
[**.30.126.64]
Mario |
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