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Canada visa or resident solution?

FadiAtawya

Newbie
Aug 29, 2017
8
0
Hello gents

I would like to introduce myself first, i am an Egyptian engineer, i have an american wife and four kids all americans, i overstayed in the US for about 1 year and the reason will be explained later, i was married to my exwife and filled for green card, before my interview day i had a fight with my exwife and led to charging me with domestic violence [she said i threw a book at her head] and led to a divorce, after this i recived a letter from immigration stating that i had to leave the country, by that time i already overstayed my entry visa, i have met my beautiful wife during this time, called my lawyer he said just stay and when the divorce case get done i will just marry my pregnant Current wife and correct my status because if i went outside of the country i will not be able to get in again, the divorce case took about 9 months, my Wife was 5 months pregnant with my lovely daughter, One day i was driving home after couble of beers and got pulled over and charged with OVI not DUI, my wife came to bond me but they told her that i had ice hold on me, the OVI case ended up with a fine, it was the hardest time of my life, after three months in jail trying to get bonded but to no avail, my divorce case was done, we tried to get married while in jail but it was so hard as i was in ice detention,i decided to pay my own ticket and leave with voluntary departure, the immigration judge decided to include my traffic record in the case as he saw i had many speeding tickets but all paid, he did so although the lawyer said it won't be inculded, i left to Egypt and my wife followed me, we got married in Egypt and had my daughter there, after that i had my handsome son, we filled again for me to be able to come back to the US but with a deffirent lawyer, he said my chances are good, my case now at the National visa center, waiting for the interview date at the US embassey in Egypt, the last email i got from the NVC was about 6 months ago, They mentioned the case will be closed in a year so how long it take to get the interview date??
I am facing a really hard time me and my wife financially and emotionally as I know she feels stuck with me even she dont say it... there actually more to it, after what happened in Rgypt and after the army have staged a coup on the legal president and threw him in prison, any person will say even "what happened in Egypt was a coup" he will end up in jail, my dad is a muslim brotherhood member and the Egyptian gov wants him, he can seek assylum in many countries but he just prefer not to do so, i had no anything to do with the Muslim brotherhood and since i graduated i am out of Egypt, i just visit the country every now and then which was big problem when i came back with my wife as i had nothing tying me to the country except my family, finding a decent job there is kinda impossiple even living there is impossible, why? Because the Egyptain gov wants me to get to my dad, so i am wanted by the ISF internal security forces but i can not get any papers instates this so i can not seek assylum anywhere, i want to ask if i can do that based on my dad's situation??,
I do not have any criminal record in Egypt, they even did not charge me with anything but i guess they will deal with that after getting caught or just kill me or torture me to death instead and this literally happened to many people I know. They keep raiding my home every now and then to look for me and take whatever they like to take, computers, phones, money or anything that have value, they even took my passport that have the American visa. Now even when they come they do not ask about my dad, they just ask for me like seriously they totally forgot about him but they want me and the more they keep coming for me the more i know its God damn serious and no joke, at first i decided to go to their place and simply tell them i have nothing to do with my dad's business, even wanted to wait for then in my home to come for me, i never was a fan of politics. But lawyers told me if i went there i will never go out alive as they will torture me to know where is my dad, they said the best case scenario if they well treated me that they will let me rot in jail or put my name in any opened case then i will face military court to get like 20-25 years or death sentence like many others. After some bribes i managed to get out of the country to Malaysia and had to leave my family in Egypt, trying to make it work but its not enough to bring my family with me and its not even enough to support them there. On top of that i have to pay each year just to be able to stay in the country.
As an alternative, is it possible for me to go to Canada after all what happened in the US?
What is my wife and the kids situation if they entered canada? Can they stay there permanent or they gotta go back to america and if so how often?
Can you please give me a good advice or help me to find the make the right decision and get out of this nightmare!
and if canada is not the right option, what should i do? Can i seek assylum? Where and how?

Thank you for reading this long post, please wish me luck and pray for us to come over this bad situation.
 
Last edited:

scylla

VIP Member
Jun 8, 2010
92,902
20,523
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You really have two options to apply for refugee status. The first is to travel to Canada and claim refugee status once here. To do this you would need to obtain a TRV (tourist visa). Given your immigration history in the US, a TRV is not going to be approved. The second option is to move out of Egypt and relocated to another country - and once there, be recognized by UNHCR as refugees. If you're able to do this, it's possible you may be selected for resettlement to Canada (or you may be selected for resettlement to another country).
 

FadiAtawya

Newbie
Aug 29, 2017
8
0
You really have two options to apply for refugee status. The first is to travel to Canada and claim refugee status once here. To do this you would need to obtain a TRV (tourist visa). Given your immigration history in the US, a TRV is not going to be approved. The second option is to move out of Egypt and relocated to another country - and once there, be recognized by UNHCR as refugees. If you're able to do this, it's possible you may be selected for resettlement to Canada (or you may be selected for resettlement to another country).
Thank you very much for your fast reply,
Do you know the procedures to be recognized by UNHCR
Can i do that based on my dad's situation?
Can i choose to to resettle in Canada?
How do i prove to them that i am wanted while i have no supporting papers except my dad's? Cosidering there thousands are doing that now and they get rejected because of not presenting the supporting documents...
 

scylla

VIP Member
Jun 8, 2010
92,902
20,523
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you very much for your fast reply,
Do you know the procedures to be recognized by UNHCR
Can i do that based on my dad's situation?
Can i choose to to resettle in Canada?
How do i prove to them that i am wanted while i have no supporting papers except my dad's? Cosidering there thousands are doing that now and they get rejected because of not presenting the supporting documents...
I don't know the process. However you can't do it from Egypt - you can only start it once you have moved outside of Egypt.
You must claim refugee status based on your own situation.
Assume you will not be able to chose where you are resettled.
I can't help you with your last question. This is something you'll have to figure out.

Rather than applying for refugee status - you should look into applying for PR through an economic stream like Express Entry. It make be quite difficult to prove you qualify as a refugee.
 

vensak

VIP Member
Jul 14, 2016
3,868
1,016
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
You really have two options to apply for refugee status. The first is to travel to Canada and claim refugee status once here. To do this you would need to obtain a TRV (tourist visa). Given your immigration history in the US, a TRV is not going to be approved. The second option is to move out of Egypt and relocated to another country - and once there, be recognized by UNHCR as refugees. If you're able to do this, it's possible you may be selected for resettlement to Canada (or you may be selected for resettlement to another country).
I am not sure if you read his story until the end.
1. According to his statement he is already out of Egypt - working in Malaysia.
2. His criminal record from USA might make him inadmissible. (domestic violence; breaking traffic law frequently).
3. His reasons why not to stay in Malaysia and reunite with his family are economical (as he stated, it would be too much to pay for his family to immigrate). But such reasons are not accepted for the refugee claim.
4. In addition, he does not really have strong ties with Egypt (it looks like his current wife is not Egyptian citizen and so she is staying there willingly).
With this setup his chances for the refugee status are minimal.
 

FadiAtawya

Newbie
Aug 29, 2017
8
0
I don't know the process. However you can't do it from Egypt - you can only start it once you have moved outside of Egypt.
You must claim refugee status based on your own situation.
Assume you will not be able to chose where you are resettled.
I can't help you with your last question. This is something you'll have to figure out.

Rather than applying for refugee status - you should look into applying for PR through an economic stream like Express Entry. It make be quite difficult to prove you qualify as a refugee.
Is express entry to Canada can be approved or not?
Do you know which countries will accept my wife and kids as permanent residents?
Cosidering i dont have much cash what is the cheapest option to live with my family?
How long my case with the American immigration will take? Considering i still did not get my NVC interview and will have to work on a waiver. What is the chances for me to go back to the US? Should i expect a rejection on my waiver based on my record? The DV lowered to two counts of misdemeanors and the OVI was reduced to reckless operation, there also some traffic voilations mostly speeding. But no felonies.
Many thanks
 

scylla

VIP Member
Jun 8, 2010
92,902
20,523
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I am not sure if you read his story until the end.
1. According to his statement he is already out of Egypt - working in Malaysia.
2. His criminal record from USA might make him inadmissible. (domestic violence; breaking traffic law frequently).
3. His reasons why not to stay in Malaysia and reunite with his family are economical (as he stated, it would be too much to pay for his family to immigrate). But such reasons are not accepted for the refugee claim.
4. In addition, he does not really have strong ties with Egypt (it looks like his current wife is not Egyptian citizen and so she is staying there willingly).
With this setup his chances for the refugee status are minimal.
You're right - I missed some of those details. In that case I agree, no chance a refugee claim will be successful.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
I am not sure if you read his story until the end.
1. According to his statement he is already out of Egypt - working in Malaysia.
2. His criminal record from USA might make him inadmissible. (domestic violence; breaking traffic law frequently).
3. His reasons why not to stay in Malaysia and reunite with his family are economical (as he stated, it would be too much to pay for his family to immigrate). But such reasons are not accepted for the refugee claim.
4. In addition, he does not really have strong ties with Egypt (it looks like his current wife is not Egyptian citizen and so she is staying there willingly).
With this setup his chances for the refugee status are minimal.
He asked if he could claim asylum at the end of his statement thus the response. I think we can all agree that it doesn't seem like an asylum case.
 

FadiAtawya

Newbie
Aug 29, 2017
8
0
I would look into what is going on with you US application. It seems to have been partially completed.
Thanks for your reply
Of course i am waiting for it but its taking so long, and still the waiver to come, i dont know how much more time they will make me wait. Is there anyway to speed up the process?
 

scylla

VIP Member
Jun 8, 2010
92,902
20,523
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Is express entry to Canada can be approved or not?
Do you know which countries will accept my wife and kids as permanent residents?
Cosidering i dont have much cash what is the cheapest option to live with my family?
How long my case with the American immigration will take? Considering i still did not get my NVC interview and will have to work on a waiver. What is the chances for me to go back to the US? Should i expect a rejection on my waiver based on my record? The DV lowered to two counts of misdemeanors and the OVI was reduced to reckless operation, there also some traffic voilations mostly speeding. But no felonies.
Many thanks
None of us can tell you if you will qualify for Express Entry. You will have to research the requirements and find out yourself. You can find this information here: http://www.cic.gc.ca/english/immigrate/index.asp
You need money to immigrate with your family to Canada. Around $23K for a family of four.
You'll need to post your American immigration questions to a US immigration forum.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
I'm afraid most immigration processes will take some time and usually money. Your wife and children have the option of returning to the US for now and may have access to some social assistance. You will have to look into that yourself.
 

FadiAtawya

Newbie
Aug 29, 2017
8
0
I am not sure if you read his story until the end.
1. According to his statement he is already out of Egypt - working in Malaysia.
2. His criminal record from USA might make him inadmissible. (domestic violence; breaking traffic law frequently).
3. His reasons why not to stay in Malaysia and reunite with his family are economical (as he stated, it would be too much to pay for his family to immigrate). But such reasons are not accepted for the refugee claim.
4. In addition, he does not really have strong ties with Egypt (it looks like his current wife is not Egyptian citizen and so she is staying there willingly).
With this setup his chances for the refugee status are minimal.
Thank you for your reply
Yes you are right, if i am financially good, i will just bring them to live with me but still salaries are so low which is not even enough for an appartment let alone schools, food, car and other expenses like residencies and i do not have the back up cash to support even with the job
My wife and kids in Egypt now, and its really hard but its still better than bringing them here to suffer and taking a future decision to send them back to the US, let alone goodbyes and the hard time it will cost about $10000 in air tickets to bring them here then back to the US when the failure comes, knowing this time is definitely coming gives me a very bad case of anxiety which will ruin my time with them. Feeling the danger all the time especially worrying about the kids when comes the day that they cant find what they need will make me wanna kill myself if there is no way out.
my wife is American and the immigration case is based on our marriage as the kids are still young
 
Last edited:

vensak

VIP Member
Jul 14, 2016
3,868
1,016
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
For Express entry, the biggest problem might be your past in USA. So maybe first check criminal admissibility and the period you need and the process you need to do to become eligible for Canada.
 

FadiAtawya

Newbie
Aug 29, 2017
8
0
None of us can tell you if you will qualify for Express Entry. You will have to research the requirements and find out yourself. You can find this information here: http://www.cic.gc.ca/english/immigrate/index.asp
You need money to immigrate with your family to Canada. Around $23K for a family of four.
You'll need to post your American immigration questions to a US immigration forum.
Ok considering i have very good work experience which can make me qualified, how my record in the US will affect me? If its gonna be refused for the same reason as the TRV then i guess no need to do the effort.