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| Subject: Can you marry yourself out of deportation? |
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My girlfriend is from China and basically did the same thing, came to Canada on a valid visitor´s visa, tried to get an extension on the visa upon expiry but was denied. Ill advised by immigration consultants, she too applied for refugee protection and used an alias instead of her real identity and the application was rejected. She then applies under the Humanitarian & Compassionate class still using the alias, the application is currently in process however she was recently arrested by CBAS and has been in detention since as she was deemed a flight risk given her misrepresentation to CIC. We´ve learned that inland enforcement is working on her removal however because of she threw away her passport (real identity) she is stuck in detention. Do we have any recourse at this time to stop her deportation? Can I marry her now and submit a spousal application for her to remain / to re-enter Canada? Thank you and anxiously awaiting any feedback prior to engaging a lawyer as we have limited funds.
[17-12-2010,16:24]
[**.110.6.119]
AliCat |
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Another Question for Roy (in reply to: Can you marry yourself out of deportation?)
My girlfriend is from China and basically misrepresented herself to CIC in that she came to Canada on a valid visitor´s visa, tried to get an extension on the visa upon expiry but was denied. Ill advised by immigration consultants, she applied for refugee protection and used an alias instead of her real identity and the application was rejected. She then applies under the Humanitarian & Compassionate class still using the alias, the application is currently in process however she was recently arrested by CBAS and has been in detention since as she was deemed a flight risk given her misrepresentation to CIC. We´ve learned that inland enforcement is working on her removal however because of she threw away her passport (real identity) she is stuck in detention. Do we have any recourse at this time to stop her deportation? Can I marry her now and submit a spousal application for her to remain / to re-enter Canada? Thank you and anxiously awaiting any feedback prior to engaging a lawyer as we have limited funds.
[17-12-2010,16:34]
[**.110.6.119]
AliCat |
(in reply to: Can you marry yourself out of deportation?)
No, her deportation is imminent. The fact that she used a fake name for the H&C application as well as for the refugee application was a very stupid move. Her finger prints are on file and CBSA found out that she mireprensented herself.
The problem is going to be to get a travel document. That might take awhile but if she has been deemed as a fly risk, more than likely she will spend a few weeks in detention until CBSA can get a travel document.
Forget about the in-land application, it´s not going to fly.
Your only option would be to sponsor her as your wife from outside of Canada and submit an ARC with the application.
As a side note. You are going to have a hell of a time proving that the relationship is genuine since is very obvious that she is desperate to stay/move to Canada.
I hope you realize the kind of person you are dealing with.
Either way, her butt is going to get deported from Canada and banned from entry.
Is she ******an from BC?
[17-12-2010,17:22]
[***.115.153.178]
DocD |
Thank You (in reply to: Can you marry yourself out of deportation?)
for your response albeit not very positive. She now realizes that the immigration consultants were only trying to make money from her and steered her in the wrong direction.
She´s been in detention for a month now and has cooperated with CBSA on providing her info so that they can get travel documents for her.
I was hoping that I can marry her while she´s in detention and perhaps plead hardship of separation but that doesn´t appear to be an option.
Is there really nothing I can do to help her? We cannot apply for a stay with the federal courts while we challenge the evidence that CBSA has on hand in terms of the evidence of her misrepresentation?
[17-12-2010,18:06]
[**.110.6.119]
AliCat |
(in reply to: Can you marry yourself out of deportation?)
"She now realizes that the immigration consultants were only trying to make money from her and steered her in the wrong direction."
Nobody out there is going to believe that excuse. DocD has given you some very real advice and he is not steering you in the wrong direction. Sometimes bad decisions cannot be undone.
[17-12-2010,20:24]
[**.180.238.237]
Sharon |
The power of love (in reply to: Can you marry yourself out of deportation?)
What maketh this man do as he does?
The book is closed, but love will prevail.
Happy holidays to all of you.
[18-12-2010,01:36]
[**.233.201.58]
Anonymous |
(in reply to: Can you marry yourself out of deportation?)
I appreciate the advice but just wanted to try my best to help her, is there really nothing I can do for her at this point?
[20-12-2010,11:23]
[**.110.6.119]
AliCat |
