Deported from USA

[k9k2]

Hello,
Will it make any effect to my interview?

I was deported from USA to Pakistan in 2005,

Here how it goes.
While living in USA, I applied for Canadian Immigration under Skilled Worker (islamabad office) in 2003.
Out of desperation and stress from US expired Status, i tried to enter Canada as a Refugee. but i was turnd Back from the Border after a long interview with a Refugee board.
Canadain immigration Handed me over US Immigration at the border.
Due to expired Status in States and Order of Deportation was already released i was arrested and kept in a Detention Center till i was deported back to Pakistan.
Now i am living in Pakistan and finally Canadian Consulated have asked for updated Documents.(means interview date is very near)

My Question is,  Deportation + Attempt to enter Canada will effect my CASE?

All responses will be appreciated.

Thank You
   

[Libra]

U.S. and Canada are separate countries, each with its own laws.  The laws of the U.S. have no effect on Canada's immigration decisions, and vice versa.

You were not deported from Canada - you tried to enter as a refugee and you were denied.  Being denied entry is not the same as deportation.  Deportation from Canada would have implied a violation of Canadian immigration laws.  Entry Denial is NOT a violation of any Canadian immigration law; so you did not violate any immigration law of Canada - they just said to you at that time - "Sorry, you're not welcome to enter as a refugee."

However, if and when you go for an interview, please, please, please - tell them exactly what happened at the border.  This information will in no way affect your PR application - as other applicants have been denied entry into Canada but have successfully immigrated to Canada.

Hello,
Will it make any effect to my interview?

I was deported from USA to Pakistan in 2005,

Here how it goes.
While living in USA, I applied for Canadian Immigration under Skilled Worker (islamabad office) in 2003.
Out of desperation and stress from US expired Status, i tried to enter Canada as a Refugee. but i was turnd Back from the Border after a long interview with a Refugee board.
Canadain immigration Handed me over US Immigration at the border.
Due to expired Status in States and Order of Deportation was already released i was arrested and kept in a Detention Center till i was deported back to Pakistan.
Now i am living in Pakistan and finally Canadian Consulated have asked for updated Documents.(means interview date is very near)

My Question is,  Deportation + Attempt to enter Canada will effect my CASE?

All responses will be appreciated.

Thank You
   

[k9k2]

Thank You very much libra, you made my day

[warrior9]

Hi Libra,

I was actually surprised to see your reply. Are you sure that USA and Canada does not share any information???
If that is so then please reply to my question below. I will appreciate your reply on this:

I would like to know if my deported Indian student friend (was on F1 visa earlier in USA) with 5 years ban, can try to get Canadian Student Permit to pursue his Masters from Canada. Will there be any affect because of ban in force in USA?

History:
He entered USA legally to study. His University was Shut down. He was out of status. ICE called for an interview and arrested though there was no criminal background. He opted for Voluntary departure in the court. At the time of exiting USA, they did not stamp anything on his passport and told that he can re-enter on the same visa. This poor boy tried to re-enter after a month on the same visa (which was not stamped) with the new admission letter, after consulting a lawyer!
He was denied entry at the airport, CBP officer charged him with unlawful entery and imposed 5 years ban and stamped on his visa. When he protested on stamping, CBP officer advised him to change his passport in the home country, which is very illegal even in his home country!
I know he is innocent with lot of dreams. He still wants to pursue his degree from a western country. He has planned to continue his degree from Canada. But I fear if Canada and USA shares database, would possibly pop up his previous record.
Please advice with authenticity. Sorry if you feel offended, I am saying so because last time he consulted a lawyer, he was wrongly advised.

[mitali]

Hello,
Will it make any effect to my interview?

I was deported from USA to Pakistan in 2005,

Here how it goes.
While living in USA, I applied for Canadian Immigration under Skilled Worker (islamabad office) in 2003.
Out of desperation and stress from US expired Status, i tried to enter Canada as a Refugee. but i was turnd Back from the Border after a long interview with a Refugee board.
Canadain immigration Handed me over US Immigration at the border.
Due to expired Status in States and Order of Deportation was already released i was arrested and kept in a Detention Center till i was deported back to Pakistan.
Now i am living in Pakistan and finally Canadian Consulated have asked for updated Documents.(means interview date is very near)

My Question is,  Deportation + Attempt to enter Canada will effect my CASE?

All responses will be appreciated.

Thank You
  

You have not yet been requested for an Interview....only updated documents are required.

Since you admit to having a LONG interview at the Canadian Border at a Refugee board, all the details of that Interview is with Canada. I am sure they must have asked - Why do you seek Refugee status? My best guess answer - You must have told them the TRUTH that you overstayed in US. If not, then I can not continue with my post....because then it would be a "Shut case". I can not imagine what else you might have told them.

Now, if you told them the truth, then that has been documented. Canada has got ZERO tolerance for Criminal activity and for people who do not respect the LAWS. Even though you disobeyed the US laws, your file is under Stringent Scrutiny with top priority in CANADA.

Here's my suggestion: How long ago were you requested to provide the docs and how much time do you have? If you have more than 30 days, I would suggest you to order CAIPS to get a detailed insight of what the VO might have noted down the reasons for an Interview, if scheduled.

It has been a very long time since the incident....try to recall the Interview with refugee board and under no circumstance conceal any information - good or bad. You do not want yourself to be banned from Canada because of this.

Please do not be offended.....I am just trying to paint a realistic picture.

Mitali

[warrior9]

Hi Mitali,

Could you please answer my question. I will be very thankful to you.
Here's my question:

Hi,

I would like to know if my deported Indian student friend (was on F1 visa earlier in USA) with 5 years ban, can try to get Canadian Student Permit to pursue his Masters from Canada. Will there be any affect because of ban in force in USA?

History:
He entered USA legally to study. His University was Shut down. He was out of status. ICE called for an interview and arrested though there was no criminal background. He opted for Voluntary departure in the court. At the time of exiting USA, they did not stamp anything on his passport and told that he can re-enter on the same visa. This poor boy tried to re-enter after a month on the same visa (which was not stamped) with the new admission letter, after consulting a lawyer!
He was denied entry at the airport, CBP officer charged him with unlawful entery and imposed 5 years ban and stamped on his visa. When he protested on stamping, CBP officer advised him to change his passport in the home country, which is very illegal even in his home country!
I know he is innocent with lot of dreams. He still wants to pursue his degree from a western country. He has planned to continue his degree from Canada. But I fear if Canada and USA shares database, would possibly pop up his previous record.
Please note he is not involved in any criminal activity, its just a immigration problem in USA.
Now that he has got a new passport, can he mention in his visa form that he did not visit any other country before? as he may have to get Police Verification Certificate from USA. And if he has to get PCC then how can he apply from being in India?
Please advice with authenticity. Sorry if you feel offended, I am saying so because last time he consulted a lawyer, he was wrongly advised.

[mitali]

Hi Mitali,

Could you please answer my question. I will be very thankful to you.
Here's my question:

Hi,

I would like to know if my deported Indian student friend (was on F1 visa earlier in USA) with 5 years ban, can try to get Canadian Student Permit to pursue his Masters from Canada. Will there be any affect because of ban in force in USA?

History:
He entered USA legally to study. His University was Shut down. He was out of status. ICE called for an interview and arrested though there was no criminal background. He opted for Voluntary departure in the court. At the time of exiting USA, they did not stamp anything on his passport and told that he can re-enter on the same visa. This poor boy tried to re-enter after a month on the same visa (which was not stamped) with the new admission letter, after consulting a lawyer!
He was denied entry at the airport, CBP officer charged him with unlawful entery and imposed 5 years ban and stamped on his visa. When he protested on stamping, CBP officer advised him to change his passport in the home country, which is very illegal even in his home country!
I know he is innocent with lot of dreams. He still wants to pursue his degree from a western country. He has planned to continue his degree from Canada. But I fear if Canada and USA shares database, would possibly pop up his previous record.
Please note he is not involved in any criminal activity, its just a immigration problem in USA.
Now that he has got a new passport, can he mention in his visa form that he did not visit any other country before? as he may have to get Police Verification Certificate from USA. And if he has to get PCC then how can he apply from being in India?
Please advice with authenticity. Sorry if you feel offended, I am saying so because last time he consulted a lawyer, he was wrongly advised.

Hi warrior,

I am not offended at all...that is why we have a forum...to discuss matters and find a resolution.

How your  friend's Lawyer misguided:

I am writing this for the benefit of other members who might have or likely to face such a situation:
A.
1. You invite yourself for a  ban for 10 yrs for being in the country (US) over 1 year (up to one year is 3 yr ban minimum, over one year is 10yrs).
2. You'll need to file the waivers - I601 and I-212 to get back in the US - the USC, your petitioner is the one who has to carefully write them and show/indicate extreme hardship to USC if you're not allowed back into the country. It takes approximately more than a yr to conclude such cases. (Fees for Waiver lawyers(Specialist) - $8-10K).

For filing waivers:

One can't file for waivers until he/she has an approved petition which goes to consulate and at the visa interview you're found inadmissible. Then you file the waivers.
 
Now if your friend's (lets name him XX ) lawyer did not do the above then he did a poor job and practically set XX for a failure and obtain a ban for 5yrs. You can sue this lawyer  for doing such a worthless job that cost XX his  not only his time but put his future at stake.

Well!! that is for XX to decide.

B.:

1.CBP officer charged XX with the ban as XX did not have the appropriate WAIVERS.
2.CBP's advice to change PP is uncalled for as that is ILLEGAL

C. : Dreams

Yes, dreams are shattered many a times due to our own stupidity...hope the lesson is WELL LEARNED.

C. : Do US and CANADA share Immigration databases - YES

Please read the manual below for full details:
http://www.cic.gc.ca/english/resources/manuals/in/in02-eng.pdf

The objective of the manual is :
To provide an information-sharing mechanism for Canadian and U.S. officials responsible for the enforcement and administration of citizenship and immigration laws in their respective jurisdictions.

Therefore, there is an ACTIVE  tool in place to share information between US and Canada.

This answers XX's query if his "ban" in US might be VISIBLE to Canada or not. Now, how does a VO reacts to it is at the VO's discretion. Nothing amounts to - JUST a immigration problem....the JUST thingy is not a just thing...it has its valid irreparable consequences.

D. : This is what astounds me:

After knowing that XX has got a ban to enter US; knowing very well that , that (ban) might have a negative Impact on his future Immigration processes, he has GOT a NEW PASSPORT to defy the Immigration authorities once more?

Right now my head is in a spin mode.....I just don't believe this. IS ONCE NOT ENOUGH?

Warrior, you as his friend would you allow him to conceal Important information from Immigration and again jeopardize his Canadian dream?

If I were his friend, I will strongly recommend him to put down all the information on the table for his visa (PR, Student or visitor).Write a polite letter describing the situation how he managed ( ) to get a ban or 5yrs and he was not aware of the Waivers and badly advised by his lawyer. It is always advisable to be TRANSPARENT with your Immigration. You don't want your past come in the way of your present/future and bite you...that is a nasty feeling.

I hope I have answered with authenticity to your satisfaction. Btw, I tried to get authentic answers by using GOOGLE guru!!! You can try it too.

Huh....this is longest post ever....sorry guys!!

Shall post the requirement for PCC in the next post.

Mitali

[mitali]

PCC from USA - FBI certificate:

http://www.fbi.gov/about-us/cjis/background-checks

Here is the information to contact by email/Fax #:

The form can also be faxed to (304) 625-9792, or scanned and sent via e-mail to liaison  @  leo.gov.

Source:http://www.fbi.gov/about-us/cjis/background-checks/faqs
Scroll to #8

You can also send a pre paid FEDEX envelope so that your FBI certificate does not get lost and be tracked. Alternatively, you can open an account (free...no charges) with FEDEX and just mail that FEDEX account # to FBI.

Mitali

[binnyj]

Hi warrior,

I am not offended at all...that is why we have a forum...to discuss matters and find a resolution.

How your  friend's Lawyer misguided:

I am writing this for the benefit of other members who might have or likely to face such a situation:
A.
1. You invite yourself for a  ban for 10 yrs for being in the country (US) over 1 year (up to one year is 3 yr ban minimum, over one year is 10yrs).
2. You'll need to file the waivers - I601 and I-212 to get back in the US - the USC, your petitioner is the one who has to carefully write them and show/indicate extreme hardship to USC if you're not allowed back into the country. It takes approximately more than a yr to conclude such cases. (Fees for Waiver lawyers(Specialist) - $8-10K).

For filing waivers:

One can't file for waivers until he/she has an approved petition which goes to consulate and at the visa interview you're found inadmissible. Then you file the waivers.
 
Now if your friend's (lets name him XX ) lawyer did not do the above then he did a poor job and practically set XX for a failure and obtain a ban for 5yrs. You can sue this lawyer  for doing such a worthless job that cost XX his  not only his time but put his future at stake.

Well!! that is for XX to decide.

B.:

1.CBP officer charged XX with the ban as XX did not have the appropriate WAIVERS.
2.CBP's advice to change PP is uncalled for as that is ILLEGAL

C. : Dreams

Yes, dreams are shattered many a times due to our own stupidity...hope the lesson is WELL LEARNED.

C. : Do US and CANADA share Immigration databases - YES

wonderful reply

[warrior99]

Hi Mitali,

I am very thankful to you for replying me with such a wonderful piece of information.
Now I will help my friend to build a form with supporting letter where in I will explain what exactly happened with him in USA and shall assure him that this will not happen in Canada. Hope this works otherwise dream will remain a dream forever.
Kindly do me a favor, Please keep posting any valuable information that you may come across on this. I will regularly check this page for your message.
I once again humbly thank you for replying with such detailed reply.

Warm Regards.

[mitali]

Hi Mitali,

I am very thankful to you for replying me with such a wonderful piece of information.
Now I will help my friend to build a form with supporting letter where in I will explain what exactly happened with him in USA and shall assure him that this will not happen in Canada. Hope this works otherwise dream will remain a dream forever.
Kindly do me a favor, Please keep posting any valuable information that you may come across on this. I will regularly check this page for your message.
I once again humbly thank you for replying with such detailed reply.

Warm Regards.

You are most welcome....do convey OUR good wishes from the forum.

You may also want to consider adding the information that was provided by the Lawyer who handled this case so inappropriately, wherein obviously he had misguided would be apparent.

Also try to make a solid case for your friend by incorporating all evidence of what he has been doing in the years that he was banned by US to pursue his education. I am sure he was not idle and utilizing his time in the most positive manner.

Goodluck.

Mitali

[letina]

While being deported may not be a criminal offense, being ARRESTED for whatever reasons will show up in your FBI police record. Canada also shares information with US government and it is unlikely that they will not discover the record of you being arrested and the reasons behind. No matter what it is, you had made that decision to seek refugee in Canada and was refused, it is a fact which may or may not affect your immigration application, just be honest and answer truthfully in any interview or request for more information from CIC.

[warrior99]

 @ Mitali,

Thank you very much,
But sorry I didnt mention when all this happened. All this circus happened in end May this year, so technically his ban starts from May. Soon after coming back he starting working as a Business Development Consultant with an IT company in India.

I would surely like to write his case in detail so that many people will get lot of valuable information by simply searching. He being a tech-savvy, couldnt find any answer of his questions even after googling day n night.

Finally he decided to hire a lawyer. Finding a good lawyer was also a big challenge. He first started his search of Immigration lawyer for USA in his own country but didnt come across even a single contact. Then he looked at US law firms.

He then called a few, inquired a few and then finally paid $150 for single consultation of mere half an hour. She was a renowned lawyer and was also in news for helping out lot of other students from the same university!

He had a brief discussion on the issue, she answered all his questions in both technical and practical implication. She said that technically his visa is invalid as he opted for Voluntary Departure. But then she said he can try and enter as most of the CBP officer will not know if the visa is valid or not. She said its a very gray area in US Immigration whether visa is valid or not after taking VD. She also assured that most of the CBP officials will not be aware of the law and may grant entry at POE.

This poor boy believed on her and decided to fly.

[canadestin]

Hi warrior,

I am not offended at all...that is why we have a forum...to discuss matters and find a resolution.

How your  friend's Lawyer misguided:

I am writing this for the benefit of other members who might have or likely to face such a situation:
A.
1. You invite yourself for a  ban for 10 yrs for being in the country (US) over 1 year (up to one year is 3 yr ban minimum, over one year is 10yrs).
2. You'll need to file the waivers - I601 and I-212 to get back in the US - the USC, your petitioner is the one who has to carefully write them and show/indicate extreme hardship to USC if you're not allowed back into the country. It takes approximately more than a yr to conclude such cases. (Fees for Waiver lawyers(Specialist) - $8-10K).

For filing waivers:

One can't file for waivers until he/she has an approved petition which goes to consulate and at the visa interview you're found inadmissible. Then you file the waivers.
 
Now if your friend's (lets name him XX ) lawyer did not do the above then he did a poor job and practically set XX for a failure and obtain a ban for 5yrs. You can sue this lawyer  for doing such a worthless job that cost XX his  not only his time but put his future at stake.

Well!! that is for XX to decide.

B.:

1.CBP officer charged XX with the ban as XX did not have the appropriate WAIVERS.
2.CBP's advice to change PP is uncalled for as that is ILLEGAL

C. : Dreams

Yes, dreams are shattered many a times due to our own stupidity...hope the lesson is WELL LEARNED.

C. : Do US and CANADA share Immigration databases - YES

Please read the manual below for full details:
http://www.cic.gc.ca/english/resources/manuals/in/in02-eng.pdf

The objective of the manual is :
To provide an information-sharing mechanism for Canadian and U.S. officials responsible for the enforcement and administration of citizenship and immigration laws in their respective jurisdictions.

Therefore, there is an ACTIVE  tool in place to share information between US and Canada.

This answers XX's query if his "ban" in US might be VISIBLE to Canada or not. Now, how does a VO reacts to it is at the VO's discretion. Nothing amounts to - JUST a immigration problem....the JUST thingy is not a just thing...it has its valid irreparable consequences.

D. : This is what astounds me:

After knowing that XX has got a ban to enter US; knowing very well that , that (ban) might have a negative Impact on his future Immigration processes, he has GOT a NEW PASSPORT to defy the Immigration authorities once more?

Right now my head is in a spin mode.....I just don't believe this. IS ONCE NOT ENOUGH?

Warrior, you as his friend would you allow him to conceal Important information from Immigration and again jeopardize his Canadian dream?

If I were his friend, I will strongly recommend him to put down all the information on the table for his visa (PR, Student or visitor).Write a polite letter describing the situation how he managed ( ) to get a ban or 5yrs and he was not aware of the Waivers and badly advised by his lawyer. It is always advisable to be TRANSPARENT with your Immigration. You don't want your past come in the way of your present/future and bite you...that is a nasty feeling.

I hope I have answered with authenticity to your satisfaction. Btw, I tried to get authentic answers by using GOOGLE guru!!! You can try it too.

Huh....this is longest post ever....sorry guys!!

Shall post the requirement for PCC in the next post.

Mitali

WOw! what a research....the guy whoever got this help from Mitali is a Lucky one. And afcourse it is FREE Advice. I am sure even no consultant/lawyer will give such an advice.

[binnyj]

this is an interesting thread!

good info.

great research