Spousal Sponsorship processing delays cause marital problems, then certain Lawyers offer miracle solutions to get…………
Spousal sponsorship processing delays have caused all kinds of problems. There is a difference between Outland and Inland spousal applications stress levels. I strongly believe those with applicants stuck abroad have the most frustration. Inland spousal applicants also have their own unique problems. The more difficult the Inland spousal sponsorship application the longer the processing will take. This is a long BLOG about just one such case.
When we at Canvisa consult with potential clients we try our best to offer them the most honest solutions to their immigration problems. We prefer to give the best advice to anyone that pays for our assistance, and we do not over charge. Most of our clients come as referral clients from previous past successful clients. We offer FREE consultations over ZOOM and Google Meets so the potential client regardless of their location know whom they are speaking with. Unfortunately, most inquiries end with sorry, we can’t help you, because reason A, B, C.
Certain Lawyers do their best to discredit Regulated Canadian Immigration Consultants (RCIC) by saying consultants can’t appeal to the Federal Court. That RCIC’s are not Lawyers, and the Lawyer’s regulatory body is better. They do their best to impress by their fancy office, large well-dressed staff, and openly say they are more knowledgeable when they may not be. Lawyers need to pay for their high rent office or mortgage if they own the building. They need to cover the wages of all the staff they have sitting around when times get better. Certain Lawyers will fail to give the best advice just to get the MONEY!
I was retained several years ago by a previous successful client to assist a Lady and her teenage dependents to obtain an (ARC) authorization to return to Canada. Obtaining an ARC for anyone who gets deported is very difficult. This Lady had suffered severe domestic violence that caused her to be hospitalized for several months yet CBSA deported her to Argentina the second the hospital released her. Her former partner was deported previously to the same country. She and her kids had to run to Mexico because her former partner found her and assaulted her again in Argentina.
It was difficult to prove that she and her kids would not end up on welfare upon returning to Canada because she was supporting herself by selling homemade Christmas decorations in a bizarre in Mexico. Her new (out of status) Mexican visitor boyfriend (S***) got us letters from potential employers for them and rented a house for them to reside in upon their arrival.
· ARC issued and Mother (M******) and two teenage kids returned to Canada. They came and said thank you and I retired their file.
· A year and half after (M*****) arrived she showed up for a consultation after having a baby with the (out of status) Mexican visitor (S***) who was the father of her child.
· Even though they had been living common law for a year and a half I recommended they get married and provided what documents are required to obtain a marriage license in Ontario.
· Most Inland spousal sponsorships based on common law are challenged by immigration officers.
· I explained to S*** that until their application is approved stage one in about 9 months, I would not be able to get him a work permit.
· S*** asked how much are my fees which are less then half what most Lawyers charge he got up and said in Spanish to (M*****) that he would not pay that much, picked up his baby daughter and walked out.
THREE MONTHS PASS
M***** calls and says S*** is in jail!
That she called the cops on him, and he got charged with ABH assault causing bodily harm on her. That he is being detained at the Maplehurst, Detention Centre in Milton, Ontario. She retains me to rush out there to see him and provide him with solutions before a CBSA Officer arrives and orders him removed. I arrive two minutes before the CBSA Officer arrives. The following day I was able to get him released with the assistance of a bondsperson. I recommended a Criminal Lawyer to represent S*** to attempt to dispense with the charges so he would not be found inadmissible due to a conviction. The criminal Lawyer did his job and S*** got a Conditional Discharge which Immigration does not see as a conviction.
They got married and we submitted an Inland spousal application and included a dependent son of S*** that he didn’t know where that son resided. We told the truth. Then we waited, waited, waited, and waited some more. I asked CBSA and the Immigration Officer to take into consideration the Best Interest of the Child their daughter and to wait until his son reached the age that he would be no longer considered a dependent child and be forced to do a medical exam. S*** had been issued a removal order and had a valid passport so no impediment to removal.
· Maybe due to my reputation the CBSA Officer decided to not remove S*** so we waited, waited, and waited some more for his dependent son’s birthday so his son would no longer be required to do a medical.
· Then the calls started, any news, what is happening with the file, can you contact immigration?
· Then both started calling claiming the other had not treated them properly and blaming me for the delay in processing.
· I showed them that there currently was 2.4 million applications in process, and several had waited longer than them but that did not satisfy them.
M***** called me on Tuesday afternoon to inform me S*** had moved out last week and had not sent her any money for the rent. M***** wanted to withdraw her sponsorship saying she could not live with S*** anymore.
MY ADVICE
Do not, do that, S*** son would be above age in two months and then S*** will get landed. I told her when she came to Canada S*** was there for you and your kids supporting all of you and providing accommodation. I told her that I understood how stressful the slow processing times are and she needed to be a little more patient.
S*** retains major Legal Immigration Law Firm
Lawyer request S*** file to be forwarded to them on Thursday afternoon, I have questions for that Lawyer!
1. Did the Lawyer tell S*** if he is not living with M***** that his Inland spousal application is no longer valid, and his removal could be imminent?
2. That if he did not change his address in person with CBSA before moving out from M***** house is a violation of his bond reporting requirements and he can be removed immediately?
3. That S*** has a requirement to tell his bondsperson that he moved out from M***** house?
4. That filing an application for landing based on Humanitarian and Compassionate factors from within Canada does not prevent removal?
5. That filing a mandamus would just get the immigration officer to refuse his sponsorship because his dependent son was not examined?
6. Did the Lawyer tell S*** it was best to go home kiss and make up with M*****?
7. Did the Lawyer tell S*** there was nothing they could do about speeding up processing?
8. Did the Lawyer tell S*** they couldn’t help so they wouldn’t be charging him other than their $350.00 consultation fee?
WHAT MIRACLE IMMIGRATION SOLUTION DID THAT LAWYER TELL S*** WAS WORTH HIM PAYING THEIR LAWYERS $16.000.00 DOLLARS?
