Seeking PR in Canada with a deportation issue

[gustavo2275]

Hello!

I would like to obtain any input and/or guidance for planning to obtain PR in Canada; my wife currently has a 20 yrs deportation ban from the US (issued back in 2003). More on her deportation, she was deported due to trying to cross the Mexico/US border pretending to be a citizen. She is currently living with me in the US illegally and I was wondering if this would be an impediment for both of us applying for PR in Canada. I am a US citizen and we have 2 children, both US citizens (ages 18 & 21). I have an Associates degree in Drafting and plenty of work experience in this field. We are contemplating this idea for a while since literally she has been living in the shadows and we are ready to make a change to our lives, especially hers as she has entered into depression due to this situation. Has anyone had a similar experience to share and was able to resolve it? If I could get any professional guidance as the best way to resolve this issue, it would be greatly appreciate it.

 

[meyakanor]

You should be able to apply for PR along with your wife, and your 18 year old child.

Your 21-year old child would probably age out by the time you're ready to apply (they need to be included in the application before they turn 22), so if you're thinking of including your older kid, you would have to start preparing literally tonight!

In your PR application, you would have to be 100 percent truthful about your wife's immigration infringement in the US.

There would be questions about whether an applicant has been refused entry / removed from any country and she would have to disclose this.

Provided she is 100 percent truthful (I cannot emphasize this enough), and she (or any of you) has no inadmissibility issues, then it should be fine.

Look up your job description, and see if it would match any NOC for skill level 0, A or B, as that is the only kind of work accepted under EE.

Also keep in mind that, your wife won't be able to receive the Canadian immigrant visa from inside the US. She would have to leave the country first, since she has no legal status in the US.

 

[gustavo2275]

Thank you for your reply and suggestions. I do have another question I hope you or someone else might be able to answer. I have contacted a lawyer and was told that she might need to apply for a criminality rehabilitation. I forgot to mention in my initial post that she was not convicted of any crime and she has stayed out of trouble all this time. Do you think this would be a requirement for applying for PR? If so, what would be the best sequence to approach? I have heard that is better for me to become a PR first, submit a waiver (rehabilitation) for her and then request PR for her once I had become one. I believe this would take way longer to accomplish and we would not like to be separated from each other. Any suggestion would be much appreciate it.

 

[canuck_in_uk]

Hello!

I would like to obtain any input and/or guidance for planning to obtain PR in Canada; my wife currently has a 20 yrs deportation ban from the US (issued back in 2003). More on her deportation, she was deported due to trying to cross the Mexico/US border pretending to be a citizen. She is currently living with me in the US illegally and I was wondering if this would be an impediment for both of us applying for PR in Canada. I am a US citizen and we have 2 children, both US citizens (ages 18 & 21). I have an Associates degree in Drafting and plenty of work experience in this field. We are contemplating this idea for a while since literally she has been living in the shadows and we are ready to make a change to our lives, especially hers as she has entered into depression due to this situation. Has anyone had a similar experience to share and was able to resolve it? If I could get any professional guidance as the best way to resolve this issue, it would be greatly appreciate it.

Your wife's US situation wouldn't have any effect on a PR app, provided it is fully declared.

The real queston is if you qualify to immigrate. Guessing you are at least in your forties and you have only mentioned an Associates degree. You likely will not have enough points to immigrate. Have you checked?

 

[gustavo2275]

According to a assessment I completed with one of the Canadian firms, I was congratulated as being a good candidate to qualify for the Express Entry program. My main concern was how would my wife's situation would affect applying for PR; I wanted to know if it was worth trying this route to a better life. Again, getting all the guidance available from other people previous experiences and gaining the most knowledge through this forum, it will better assist me in making the right decisions in resolving this issue. I want to thank everyone for your wise and prompt replies.

 

[meyakanor]

I have contacted a lawyer and was told that she might need to apply for a criminality rehabilitation. I forgot to mention in my initial post that she was not convicted of any crime and she has stayed out of trouble all this time

Did your wife ever get charged? What happens with the criminal charge? Was she acquitted, withdrawn, dismissed, convicted? And what kind of crime was it, and what would be the equivalent in the Canadian criminal code? If she (or any of your children) is inadmissible (a.k.a, needing rehabilitation), then you too would become inadmissible, so it's going to depend on what crime she committed, and the circumstances behind her withdrawal, dismissal or conviction. All the same, if she ever got charged or arrested (even if she was not convicted), then she would have to declare it on the application.

According to a assessment I completed with one of the Canadian firms, I was congratulated as being a good candidate to qualify for the Express Entry program. My main concern was how would my wife's situation would affect applying for PR; I wanted to know if it was worth trying this route to a better life. Again, getting all the guidance available from other people previous experiences and gaining the most knowledge through this forum, it will better assist me in making the right decisions in resolving this issue. I want to thank everyone for your wise and prompt replies.

How many CRS points do you get? If you have 450-460+, you have a pretty good chance nowadays to secure ITA.

 

[scylla]

According to a assessment I completed with one of the Canadian firms, I was congratulated as being a good candidate to qualify for the Express Entry program. My main concern was how would my wife's situation would affect applying for PR; I wanted to know if it was worth trying this route to a better life. Again, getting all the guidance available from other people previous experiences and gaining the most knowledge through this forum, it will better assist me in making the right decisions in resolving this issue. I want to thank everyone for your wise and prompt replies.

They all say that - they want you to be their client.

Best test is to calculate your CRS points on your own to see how many points you score. Right now you need to score 440+ points to be selected out of the pool.

http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

Your wife does not need to go through rehabilitation. There is no criminality issue.

If you immigrate to Canada and leave the US, your wife must be prepared never to return to the US again. In the US, a false claim of citizenship is a lifetime ban. Obtaining Canadian permanent residency or even citizenship won't change this fact. She will still be inadmissible to the US for life and will risk being detained (potentially for months) if she attempts to re-enter at any point in the future. I'm assuming you are prepared to leave permanently.

When you apply for PR, your wife needs to ensure she is 100% honest about her immigration record. As long as she is honest, it won't be an issue for Canada. It will only be a problem if she tries to cover anything up.

Good luck.

 

[gustavo2275]

Does anyone knows if the CRS points score can be calculated without having a IELTS or CELPIP recent test score?

 

[canuck_in_uk]

Does anyone knows if the CRS points score can be calculated without having a IELTS or CELPIP recent test score?

You can guess at scores but you need to put something in.

 

[gustavo2275]

OK, thanks!

 

[gustavo2275]

Scylla, you are correct! my CRS score is merely 328 ... I guess they tell you that you are a good candidate when they are really trying to be your client. I guess I should you give up on the idea of trying to immigrate into Canada as the possibility seems way too far away. I heard there could still be a chance to be selected, but the chances are slim to none. I would really hate to invest my money in to something that might never happen. I thank you all of those who replied to my post and provided me with so much helpful information.

 

[vensak]

Scylla, you are correct! my CRS score is merely 328 ... I guess they tell you that you are a good candidate when they are really trying to be your client. I guess I should you give up on the idea of trying to immigrate into Canada as the possibility seems way too far away. I heard there could still be a chance to be selected, but the chances are slim to none. I would really hate to invest my money in to something that might never happen. I thank you all of those who replied to my post and provided me with so much helpful information.

Your chance to be selected directly in EE with that score is 0%.
In order to have chance you would need one of the following:
1. To be in FST stream (federal skilled trades). That is of course only possible for certain professions.
2. To get a PNP (provincial nomination). Here you need to check all provinces and their programs and if you can match requirements of any of them
3. To be able to be selected in Atlantic pilot program (check more about it either on this forum or on CIC website).

And yes your low score was to be expected given your age (you would be both 40+ at least with 2 adult children). You can also run some simulation in order to see what would if give if you both maxed out on the language test.

Good luck

 

[gustavo2275]

Can someone please provide me with a list of PNP available in Canada? Does anyone recommend to hire a firm in order to apply for a PNP in any of the provinces?

 

[vensak]

google is your friend or check this forum for more info.