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| Subject: Exclusion Order |
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Hi,
My girlfriend was just denied entry into Canada from the US and was given an exclusion order preventing her from reentering the country for 1 year. We´ve been together for a year and a half and we´ve gone back and forth visiting eachother for that time period. She entered Canada two weeks ago with me via car at a local border crossing to where I live. She had some stuff in her car to come stay for a few weeks the officers decided she wanted to live in Canada and gave her an order saying she had to checkout after two weeks. She made sure to do that upon departure. She called the CBSA asking if there was any period of time necessary to come back and they said no. She is living with her grandparents in the state adjacent to my province and upon trying to reenter they thought she was lying. She wanted to come visit for 6 months this time to see me while Im at school and working while she waits on her transcripts to go through so she can apply to get a student visa.
She had full intent to leave the country after the 6 months if her student visa wasn´t processed first but they decided that it didnt matter. Part of the issue has been that they went through her purse and found a letter she wrote to her grandpa that she hadn´t sent yet telling him she liked Vancouver and was getting settled because she intends to go to school. The border agency decided otherwise and gave her an exclusion order banning her from Canada for a year. I don´t know what to do. I´ve tried to be honest about the details even though Im sure this will seem one sided anyways.
[11-01-2010,03:25]
[***.116.19.124]
Bryan |
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Re: (in reply to: Exclusion Order)
I forgot to mention during the search of her purse they found that she wrote me a cheque for my rent that she was helping cover because I had spent a lot more money coming down to visit her for the last year than she had spent on. I also had her name added to my lease under the assumption that she would be staying for longer than 14 days. Since on the lease it says anyone staying longer than 14 days needed to be on it since they were no longer just a guest.
Thanks in advance
[11-01-2010,03:53]
[***.116.19.124]
Bryan |
(in reply to: Exclusion Order)
Bryan
It sounds as if your in a very loving relationship but spinning your wheels at the same time. It sounds to me that your not ready to say the four most scariest words known to man!
Why?
Why would you sign her up to become a foreign student and pay those excessively high foreign student fees just to be together unless she has no intention of attending class.
Then you say your trying to be honest!
Your post seems to have left something out.
They gave her two weeks to leave?????
Illogical or unless they admitted her for two weeks and she was to check out when she left so there would be no impediment on her return visit. Yet she probably brought back a lot of stuff because she was not really planning on going back to the states.
Bingo --- Exclusion Order.
You wanted all of the cake and you wanted to eat it as well. Greedy Boy!
Be a man and say the words, WILL YOU MARRY ME!
You have been with this person for a year and a half and if you don´t know by now she is the one then you should of moved on long ago.
Say the words.
Roy
www.cvimmigration.com
[11-01-2010,10:43]
[**.229.195.210]
Roy |
(in reply to: Exclusion Order)
This is what happened.
Someone shows up at the border with their Canadian boy friend with very weak ties to the her home country. Now based in her age and some other factors she was admitted into Canada for two weeks.
The officer will "flagged" this individual because there is a high risk that this person will over stay.
It means that the officer will make an entry in the field operating system under comments about this foreing national.
From that day, in most entries unless an officer makes an entry into the system to over come the previous concern this person is going to be sent to secondary for further inspection.
She said that she might stay in Canada if her student visa is approved. Well...
1- It has to be done outside of Canada.
2- She was flagged as a over stay risk
3- An exclusion order is issued. To high of a risk.
If a purse search was done, it was done at the secondary inspection. Two weeks between visits and those two letters plus weak ties to the States PLUS a Canadian boyfriend PLUS A cheque to "help out" with rent.
Are you kidding?
What do you expect the officer to believe?
She cannot re-enter Canada for 1 year and even after a year coming back as a visitor is going to be hard unless something changes. Otherwise she could be refuse of entry again.
[11-01-2010,11:45]
[***.115.153.178]
DocD |
Exclusion order (in reply to: Exclusion Order)
Roy:
Your powers of comprehension are astounding. Really. Bryan never said she was signed up for any classes. She still requires transcripts and a student visa. In fact, no Canadian university would allow a student to register and pay without these.
The main issue, IMO, is that her name is on the lease. That was a mistake, but an honest one. A lawyer can give you good advice, and I believe an application for a student visa should be made immediately.
Don´t listen to Roy´s blathering about marriage. Getting married for the wrong reasons is no way to start a marriage.
Like Roy, my advice is worth exactly what you paid for it. Hopefully, a person with actual advice will point you in the right direction. Good luck.
[11-01-2010,12:11]
[**.150.120.252]
A friend |
(in reply to: Exclusion Order)
with all the flags on her file, there is no hope of a student visa either. You have to show ties to home and that you will leave at the end of your courses.
she is hooped.
It´s Bryan´s turn to do the visiting.
[11-01-2010,13:35]
[**.154.245.217]
Sharon |
(in reply to: Exclusion Order)
A friend ----REALLY-----
Friends give bad advice.
A friend said.......A lawyer can give you good advice, and I believe an application for a student visa should be made immediately.
Foreign Students have to pay a deposit when applying. I never even said that she had paid any foreign student fees but why he would sign her up to become a foreign student. I was implying they had no intention to send her to school but to get her access so they can be together here.
Flag one Quote She had some stuff in her car to come stay for a few weeks the officers decided she wanted to live in Canada and gave her an order saying she had to checkout after two weeks. UnQuote
That was the first trip, so how much was (some stuff)?
Then she got excluded the second time a few days later she tries to enter Canada. Another load of "some stuff"!
DocD I suspect your CBSA and have posted same before. What do you think about (A friend) posting a response saying "Hopefully, a person with actual advice will point you in the right direction."
Do you think DocD that Lawyer ________ will make a difference?
Either visit her or say WILL YOU MARRY ME. I do agree getting married for the wrong reasons or rushing into a marriage is not the right thing to do but (A friend) did you not notice they have been together for a year and a half visiting each other on a regular basis.
Do you really think they sleep independently at Hotel 6 in each other country.
So (A friend) Sharon, DocD and Roy have all given the same advice but you think Lawyer _____ will make a difference for a student Visa when she has her lover in Canada and it has all been recorded on Foss including the some stuff in the car.
Who is blathering now.
Roy
www.cvimmigration.com
[11-01-2010,14:40]
[**.229.195.210]
Roy |
re: (in reply to: Exclusion Order)
Hey guys thank you for all the responses,
I´ve talked to her and we´ve decided that we are going to get married so we can be together. Now my concern is that they will see it a a marriage of convenience when it´s not. I´m not trying to get her health care or anything I just want to be with her while I finish studying school.
When I looked over the requirements for sponsorship it said I had to have made 20,000 dollars last year to do so. Im a fulltime student who works parttime I don´t make that kind of money. Now I need to dropout of school to be able to afford that and on top of that It will have to happen after I provide income for the last year so it will take me an entire year to prove that I can make that much money by then her exclusion order will be lifted and she can apply for a visa.
[11-01-2010,15:25]
[***.116.19.124]
Bryan |
(in reply to: Exclusion Order)
A lawyer cannot do jack about this. You can try to take CBSA to court and let me know how it goes.
You are right, the "notes" have been recorded in her FOSS and when she fills the application for a student visa is going to come up and besides she will have to declare that she has been refused of entry into Canada before. That is not going to go well when the visa officer reviews the notes in FOSS written by the CBSA officer.
Seeking entry as a temporary resident is not going to go well unless something drastically changes in over a year from now that will overcome her inadmissibility.
Follow "A Friend´s" advise and she will get a yellow form again.
[11-01-2010,15:29]
[***.115.153.178]
DocD |
(in reply to: Exclusion Order)
How is a student supposed to show that they have ties outside the country? If she wants to study somewhere else for 6 months she can´t exactly hold down a job and we don´t own property or anything.
She doesn´t intend to stay for longer than she is legally allowed, when did that stop being good enough? When did people´s words stop being worth anything. I understand some people abuse the system but instead of assuming most people will follow the rules they assume most people won´t. Like there is some kind of test to tell who´s lying which there isn´t.
Wouldn´t it make more sense to establish a line of credit basically tell her she needs to be gone for a week or two then she can come back as long as she continues to leave. Rather than just say hmmm we don´t like the looks of this instead of dealing with it on an individual case by case basis which they claim they do just give out Exclusion Orders to people who haven´t done anything wrong.
If she overstayed her limit I would understand, but we followed procedure and then got banned? Just goes to show how far the truth gets you in life.
[11-01-2010,15:43]
[***.116.19.124]
Bryan |
(in reply to: Exclusion Order)
Spousal sponsorship has no minimum income requirement. STAY IN SCHOOL.
I would think all her attempts to cross the border add credibility to a family class application. OUTLAND application is the only way to go. Do not be tempted to try and inland file.
Technically, you can get married tomorrow and file the day after that.
[11-01-2010,15:43]
[***.20.121.15]
Sharon |
