Applying for Permanent Residence for special case

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Subject: Applying for Permanent Residence for special case
  Hi! My mom applied for refugee status back in 2010 and my niece was with her and at the time only 7 years old. When they applied the immigration officer at the time said that there was no need for my mom to include my niece in the application because my niece was an American citizen. My mom is not. Just for privacy, I will not reveal my home country. Anyhow, my mom and niece fled our home country because they are both in danger. Also my mom has full legal guardianship and custody of my niece. My niece is allowed to go to school in our district here so long as she is under my mom´s care and she was also able to apply for MSP.

Now to the future, my mom is now a PR and my niece was recently stripped off her MSP because they said she has no legal document to show that she is legal to stay here. I called the CIC hotline and explained the full situation of the matter and all he did was make me cry and basically gave me no hope of being able to change my niece´s status here. He even said she could get kicked out of Canada. I mean a 12 year old girl kicked out of Canada!

Wondering if any of you have suggestions. It´s so hard to set up a face to face appointment with a CIC officer to show all documents. To the best of my knowledge I know she is here legally. My mom has mentioned her in her refugee application as well as her PR application.

[18-11-2015,16:47]
[**.49.179.106]
M
(in reply to: Applying for Permanent Residence for special case)
Unless your mother legally adopted your niece and that adoption is recognized by Canada - having legal guardianship and custody isn´t enough to make her your mother´s dependent. It´s correct that she doesn´t have status in Canada. She is not here legally.

At this point it sounds like applying for Humanitarian & Compassionate consideration for your niece separately might be the best option. Since your niece is an American, she doesn´t qualify to apply as a refugee.

[19-11-2015,09:29]
[***.205.241.254]
Anonymous
Thank you for your reply (in reply to: Applying for Permanent Residence for special case)
I just checked the CIC website on refugees and it doesn´t say there that Americans are not eligible to apply for status. Also, Randy Quaid is American and he was allowed to apply for the status.

I don´t think my niece is here illegally because we were able to apply for her MSP and she is able to go to school here. We have documents proving it. The only concern I have is how we can change her status to PR.

[19-11-2015,14:30]
[**.49.179.106]
M
(in reply to: Applying for Permanent Residence for special case)
Randy Quaid´s refugee application failed and he was forced to leave the country. Similarly, filing a refugee application for your niece now won´t work since she has the option of safely living in the US.

Your niece was able to obtain MSP and attend school because people mistakenly thought she had status in Canada. Unfortunately she doesn´t. Presumably she entered Canada on her US passport which allowed her to stay in Canada legally for six months. After that six months passed, she fell out of status automatically.

Again, she cannot obtain PR through your mother. The only option is to apply for PR through H&C.

[19-11-2015,15:04]
[***.205.241.253]
Anonymous
CANADA PERMANENT RESIDENT (in reply to: Applying for Permanent Residence for special case)
Canadian Permanent Resident is waste. Canada earns money with this new concept.

I got my Permanent Resident Card after going to Canada but it is absolutely waste of money and time.

No JOB opportunities are available in Canada. The only available is "Racism"

Where ever you go - you find only Racial discrimination.

Government take care of unemployment people and their kids by paying monthly - Government will not consider PR for any care!!!

if you have 1 child then you get CAD $850 per month to feed your child. 2nd child - 950$... 3rd child 1050 $.. so basically if you give birth you earn more!!!

I am thinking to return to Native country :(

DO NOT GO TO CANADA AND WORRY

DO NOT GO TO CANADA AND WORRY

DO NOT GO TO CANADA AND WORRY

DO NOT GO TO CANADA AND WORRY

DO NOT GO TO CANADA AND WORRY

[27-12-2015,16:24]
[***.215.122.36]
KADHER
Apply for Canadian immigration and citizenship (in reply to: Applying for Permanent Residence for special case)
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[14-01-2016,14:47]
[***.230.107.28]
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