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What should I do for failed applications?

wenny

Member
Jan 15, 2008
11
0
Hi there,

I'm at a loss of what to do now. I came to Canada in Winter 2005, fleeing from my abusive husband. Before coming to Canada, I was in Chicago for just 1 day as that was the earliest flight for me to leave my country and get as far as possible with just my back pack. All I thought of during that time is to leave my country asap & as far as I can. I've no idea of any refugee policies in place in North America.

When I get here, the first thing I did other than settling down for a roof above me, is to look for an immigration lawyer hoping to apply for a work permit or student permit. After accessing my case, he recommended me to apply for refugee status, which I did.

End result was that my claim was rejected because the jury decided that I can take care of myself. Anyways, I accepted the rejection & was waiting for the official letter because there's no point staying here illegally and have no means of supporting myself with a proper job. I also understand that at that time I can purchase a ticket to a destination of my choice.

When the letter came, it doesn't include a PRRA form but it does have a note stating that I'll receive the form later. So I called my lawyer & he said to wait.

After waiting for a year, there's no news from immigration at all, I've called them previously, the rep from CIC said to wait. I need to survive for accomodations, food + transport etc. so I found a good job, good money, pay my fair share of tax every 2 weeks & it was legal. (Just for your info, I've never claimed any welfare or financial assistance.)

When I finally called cic to update my employment status, the rep said it will be updated. However, 1 week later, I received a letter ordering me to go to the detention centre. It didn't state for questioning or deportation. So I consult my lawyer, he said to go. I consulted another lawyer, he said not to go because I won't have the chance to get out of there. However, since I've a job & it's not on contract basis, he can apply to have my work permit extended. Till now, I'm still waiting for the approval of my new work permit & the current one is going to be expired in Apr 09.

My question is, if I get deported, will I:

1) Get sent back to the States?
2) Sent back to my native country?
3) be able to make a request to go to another country & apply for a work permit to come back to Canada?
4) While I'm being withheld in detention (if ever), will I be able to contact a lawyer whom I've never contact before? (I don't intend to reuse my lawyer after giving him so much money & he does nothing much to help)

I'm living with my boyfriend here for 1.5 yrs, he has 2 *censored word*age kids who are very attached to me. One of them is handicap & require special attention.

So sorry that you guys have to read my long winded story, but I hope those who are able to answer my questions, please reply me asap. Your assistance is greatly appreciated.

Regards
Wen
 

PMM

VIP Member
Jun 30, 2005
25,494
1,948
Hi

wenny said:
Hi there,

I'm at a loss of what to do now. I came to Canada in Winter 2005, fleeing from my abusive husband. Before coming to Canada, I was in Chicago for just 1 day as that was the earliest flight for me to leave my country and get as far as possible with just my back pack. All I thought of during that time is to leave my country asap & as far as I can. I've no idea of any refugee policies in place in North America.

When I get here, the first thing I did other than settling down for a roof above me, is to look for an immigration lawyer hoping to apply for a work permit or student permit. After accessing my case, he recommended me to apply for refugee status, which I did.

End result was that my claim was rejected because the jury decided that I can take care of myself. Anyways, I accepted the rejection & was waiting for the official letter because there's no point staying here illegally and have no means of supporting myself with a proper job. I also understand that at that time I can purchase a ticket to a destination of my choice.

When the letter came, it doesn't include a PRRA form but it does have a note stating that I'll receive the form later. So I called my lawyer & he said to wait.

After waiting for a year, there's no news from immigration at all, I've called them previously, the rep from CIC said to wait. I need to survive for accomodations, food + transport etc. so I found a good job, good money, pay my fair share of tax every 2 weeks & it was legal. (Just for your info, I've never claimed any welfare or financial assistance.)

When I finally called cic to update my employment status, the rep said it will be updated. However, 1 week later, I received a letter ordering me to go to the detention centre. It didn't state for questioning or deportation. So I consult my lawyer, he said to go. I consulted another lawyer, he said not to go because I won't have the chance to get out of there. However, since I've a job & it's not on contract basis, he can apply to have my work permit extended. Till now, I'm still waiting for the approval of my new work permit & the current one is going to be expired in Apr 09.

My question is, if I get deported, will I:

1) Get sent back to the States?
2) Sent back to my native country?
3) be able to make a request to go to another country & apply for a work permit to come back to Canada?
4) While I'm being withheld in detention (if ever), will I be able to contact a lawyer whom I've never contact before? (I don't intend to reuse my lawyer after giving him so much money & he does nothing much to help)

I'm living with my boyfriend here for 1.5 yrs, he has 2 *censored word*age kids who are very attached to me. One of them is handicap & require special attention.

So sorry that you guys have to read my long winded story, but I hope those who are able to answer my questions, please reply me asap. Your assistance is greatly appreciated.

Regards
Wen
1. Make sure you attend your PRRA hearing.
2. Assuming your removal order has now become effective and your PRRA is unsuccessful, then you will be removed to the US.
3. You will have to make a refugee claim in the US, or they will just deport you to your home country.
4. You can make a request to be removed to another country other than the US, but you have to prove to CBSA that you will be admitted.
5. If you received a deportation order, or an exclusion order you will not be able to return for at least one year. The chances of getting a work permit overseas are somewhere between slim and none. As by your refugee claim, it shows your intention is to remain permanently in Canada.
6. If you don't appear for your PRRA, then a warrant will probably be issued for your arrest. If you do appear, it is unlikely that you will be detained.
7. You really need a lawyer for the PRRA.
8. Your boyfriend can submit a sponsorship for you, if you have been living in a C/law relationship, but with the refugee claim being decided, it is unlikely that you will be able to remain in Canada while it is processed.
9. Good luck, you will need it and a lawyer.

PMM
 

wenny

Member
Jan 15, 2008
11
0
Hi PMM

Thanks for your advise but till now will there be any lawyer who want to take this case?? There's so many in the papers that claim they are good but seriously I'm not sure how to go about checking their credentials etc.

The first 1 I picked claimed to be 1 of the best but end up he didn't even do much for my hearing & left after the hearing. The 2nd one gave me the idea of applying work permit. So I'm really at a loss..
 

PMM

VIP Member
Jun 30, 2005
25,494
1,948
HI

wenny said:
Hi PMM

Thanks for your advise but till now will there be any lawyer who want to take this case?? There's so many in the papers that claim they are good but seriously I'm not sure how to go about checking their credentials etc.

The first 1 I picked claimed to be 1 of the best but end up he didn't even do much for my hearing & left after the hearing. The 2nd one gave me the idea of applying work permit. So I'm really at a loss..
Contact an Immigrant settlement agency in your area, they should be able to steer you to a lawyer.

PMM
 

wenny

Member
Jan 15, 2008
11
0
Hi PMM

Not sure if you are reading my reply, I've just got my work permit renewed & it's a skilled work permit. So I'm no longer a refugee. However, when I try to get my passport & other IDs back from immigration, they said I'm not able to do that, have to ask my embassy to reissue a new one.

When I go to my embassy, they said they will not issue new ones unless it's lost/stolen or renewal. Even with renewal I need to submit my current passport in order to renew it.

Hence, I'm not sure what I should do now. Will you be able to advice me please?

Thanks a million!!