|
|
| Subject: My Situation |
|
|
|
Hello.
Please forgive this long, drawn out post, but I feel I must start at the beginning.
13 years ago, I came to Canada from the U.S. with a valid work visa. (Intra-Company Transfer)
I renewed the visa for 5 years and continued working for the company for the 5 year period, until the contract expired. During that time, I met a Canadian woman and after a year or so, we became married. We still are.
We filled out the spousal sponsorship paperwork for permanent residency and paid an attorney 3000 dollars to file the paperwork for us.
Time went on as we worked to gather documents, fingerprints, police reports etc. The attorney had a ´special´ list of documents he wanted us to submit that in his words would help us. Every time we went back with the new paperwork, he would add something else to it.
Finally, my medical was completed, and we figured we were on our way.
Unfortunately, my wife lost her job with a well known company and so we didn´t have the income we were used to. My job was done and now hers.
Then, our attorney shocked us when he said he required another 1500 dollars on top of the 3000 we had already given him. We simply did not have the money. This was never mentioned in the beginning, and we were led to believe that the initial payment covered it. Considering we did everything ourselves anyway. I assume my long outdated file is gathering dust in his office, somewhere.
This led to undue stress in our marriage, obviously.
About a year later, my wife met another man and asked me to leave. 9 days before Christmas of that year.
Literally stuck in a snow drift.
We´ve been separated now for about 5 years. I remain here in Canada because, frankly, I love this country. My friends are here. Some as dear to me as family. I work for myself. I make about 1000 dollars a month. That pays my rent and necessities. That´s all.
At 50 years of age, I need to work. I have turned down many job offers because I realise that I´m not eligible to work.
I want my life back, in Canada.
Deporting me back to the States accomplishes nothing. I have no roots there anymore. My community here is my love.
I want to rectify my situation so I can be a true, contributing member of Canadian society.
Please guide me, help me. Please give me some hope.
Thank you for reading this.
[23-03-2013,01:13]
[***.46.242.202]
woodland |
|
(in reply to: My Situation)
You will have to qualify and apply to immigrate just like anyone else. There are no special provisions for people in your situation.
You can read up on the various immigration streams available using the link below. Focus on the following immigration streams: Federal Skilled Worker, Federal Skilled Trades Program, Quebec Skilled Worker and the Provincial Nominee programs. (Forget about the rest of the programs. They won´t work for you.)
http://www.cic.gc.ca/english/immigrate/apply.asp
[23-03-2013,08:55]
[**.26.90.32]
Anonymous |
My Situation (in reply to: My Situation)
I am not sure what you mean by wanting your life back. It appears from what you said that you have been illegal for 8 years since your employment contract and work permit expired. There is no way you can go back to that status and obviously with the break down of your marriage, it seems unlikely you can obtain status that way. I know it doesn`t help to point out that you must have known that it was important to get legal status before the visa expired and appear to have waited too long and then given up too easily.
You don`t mention what kind of work you do so it is hard to say if you might qualify for immigration but you can certainly look into the immigration streams mentioned above especially the provincial nominee programs. They have very fixed requirements and quotas. I don`t know if someone who is already here without legal status would be considered or turned down outright for any application but would like to know as I know someone in a similar position.
I doubt very much if you would be allowed to remain in Canada illegally if an application had a long wait time in processing or would be easily admitted again even if you left voluntarily. Getting back into the U.S. might not be without hassles unless you still have a valid passport.
I would think you have three choices:
1. try an H&C application whereby you provide evidence that a return to your country of nationality would cause undue, undeserved or disproportionate hardship (difficult to prove given it is the U.S. but probably your best shot);
2. continue to remain under the radar although I imagine at some point you will have a crisis such as requiring health care, problems with drivers`s license, etc. that might result in your removal; or
3. go home. I think you really need to think about rebuilding your life back in your own country.
[24-03-2013,21:28]
[**.251.90.240]
Sabrina |
|
