family class sponsorship - background dec. question

[kierra]

              Ok, I know I am going to get blasted for this, but what's done is done and I can't change that.  I am an American woman married to a Canadian man. I have 3 children from a previous marriage and share a child with my Canadian husband. My 3 children and I moved to Canada in 1998 and remained there without status until very recently. Although married since 2003, we never applied for sponsorship from within Canada. This summer, we (meaning my children and myself) decided it was high time to get legally sponsored and came back to the United States to gather our paperwork. Here in lies the problem... on the background declaration form, q. 15 list previous addresses you have lived since age 18.  Obviously i would have to list the Canadian addresses which is an admittance to living illegally for nearly 9 years... I know I was wrong and as I said, I cannot fix that. I simply want to know if I am totally screwed from this point. So blast if you must, but it would be appreciated if someone can relate or point me in a direction to find an answer.

                                                                                                                                                        thank you

[Boncuk]

A good immigration lawyer :) Sorry to say that but its true.  I had a friend who was in a similar situation as you.  His father was in Canada as a diplomat and his family accompanied him..After his parents left.. about 10 years went by and he somehow managed to stay under the radar. He even worked and paid taxes with a 999 SIN card.. After all that time he decided to become a PR and the lawyer managed to pull it off without any ramifications for him.  I suggest you consult one as well.. I'm sure others will give their opinions as well.  We have no right to judge.. you know where you erred .. I hope you can manage to work it out.

[PMM]

Hi

              Ok, I know I am going to get blasted for this, but what's done is done and I can't change that.  I am an American woman married to a Canadian man. I have 3 children from a previous marriage and share a child with my Canadian husband. My 3 children and I moved to Canada in 1998 and remained there without status until very recently. Although married since 2003, we never applied for sponsorship from within Canada. This summer, we (meaning my children and myself) decided it was high time to get legally sponsored and came back to the United States to gather our paperwork. Here in lies the problem... on the background declaration form, q. 15 list previous addresses you have lived since age 18.  Obviously i would have to list the Canadian addresses which is an admittance to living illegally for nearly 9 years... I know I was wrong and as I said, I cannot fix that. I simply want to know if I am totally screwed from this point. So blast if you must, but it would be appreciated if someone can relate or point me in a direction to find an answer.

                                                                                                                                                        thank you

1.  It is all water under the bridge, by leaving Canada you have corrected the overstay and there should be no fall out.  Complete the forms with the Canadian address where you lived and if you worked include that too.  Leaving out anything or falsifying information may seem the right thing to do, but DONT.  Misrepresentation results in a ban for 2 years.  The only problem that may arise is the custody of the children and your right to remove them from the US.

PMM

[kierra]

              Actually, there is no problem with custody as my ex husband, the father to the 3 children is deceased.  I was actually told by a lawyer to NOT put the Canadian residences down which blew my mind because there's no way i can do that. Not to mention that every ounce of proof that I have to show we are a family COMES from within Canada.

[rjessome]

A lawyer told you that?  Oh God!  Ok, big warning - NEVER DEAL WITH A LAWYER OR CONSULTANT WHO INSTRUCTS YOU TO LIE!!!

PMM is right.  You've corrected the overstay by returning to the US.  Fill out the paperwork honestly and it shouldn't be a problem if you have no criminal offences or anything like that.  I'm not sure but you might have to produce a copy of the death certificate for your ex-spouse or the obituary, etc. to prove there are no custody issues.

If you do decide to hire a lawyer or a consultant, don't hire the one you already met with!  ;0)

[Boncuk]

ACK! get rid of that lawyer ASAP!

[RobsLuv]

I agree - not all immigration lawyers are well versed in this stuff.  For example, plenty will tell you that you have to file an inland application if you're in Canada without legal status when that's absolutely NOT true, and really puts the applicant at a disadvantage.

PMM is right - the fact that you have returned to the States corrects the overstay.  Residence is not an issue when you're filing an outland application - the nine years you were together, at this point, only helps point to your genuine relationship.  Be honest - that's the most important part.