Humanitarian and Compassionate Arguments to overcome inadmissibility!

[PMA]

Hey guys and thank you in advance for your inputs:

I was told by a lawyer that I can overcome my inadmissibility by submitting Humanitarian & Compassionate Arguments based on the following factors:

1. Best interest of a child (Canadian born child)
2. Hardship back home (country in a war)
3. Establishments ( Since I enter Canada obtained 2 degrees and been legally employed till now)
4. Family separation
I have an outstanding 2014 CEC application which I was approved and have COPR to land, but do to a DUI convection I don’t think they will allow me to land. I haven’t tried to land after my convection yet! So am not sure about the outcomes. I tried landing before court date which I was honest and disclosed the pending charges now I’m convicted.

Is it possible this could happen? Could I and spouse be landed using H&C arguments?

 

[Dhudson]

Hey guys and thank you in advance for your inputs:

I was told by a lawyer that I can overcome my inadmissibility by submitting Humanitarian & Compassionate Arguments based on the following factors:

1. Best interest of a child (Canadian born child)
2. Hardship back home (country in a war)
3. Establishments ( Since I enter Canada obtained 2 degrees and been legally employed till now)
4. Family separation
I have an outstanding 2014 CEC application which I was approved and have COPR to land, but do to a DUI convection I don’t think they will allow me to land. I haven’t tried to land after my convection yet! So am not sure about the outcomes. I tried landing before court date which I was honest and disclosed the pending charges now I’m convicted.

Is it possible this could happen? Could I and spouse be landed using H&C arguments?

H&C application is unpredictable application.
I have "experience" with one family who did apply for H&C but have deportation warrant order for arrest (refused refugee case) and RCMP detained them in jail for deportation ,but few days before deportation date that family proven to Minister of Immigration and Minister personally grand them status to stay in Canada and apply for PR base on humanitarian and compassionate in special that family situation, and now they are PR.
But they had have extremely hard fight for that for 4 years....


Yes , H&C may overcome your inadmissibility in some case (usually by Minister directive), but here in problems:
1. You can not stay in Canada while you H&C application in process. (except you have another status in Canada or AIP)
2. Very, Very and again very low chance - 5-10%!
3. If you apply for H&C and then your leave Canada (no status) your H&C application in 99.9% will be rejected.

May be in your case the H&C is only what you can do...
You have to have really hard work on this application.

Regards,
D.Hudson.

 

[Ottawa-applicant]

H&C application is unpredictable application.
I have "experience" with one family who did apply for H&C but have deportation warrant order for arrest (refused refugee case) and RCMP detained them in jail for deportation ,but few days before deportation date that family proven to Minister of Immigration and Minister personally grand them status to stay in Canada and apply for PR base on humanitarian and compassionate in special that family situation, and now they are PR.
But they had have extremely hard fight for that for 4 years....


Yes , H&C may overcome your inadmissibility in some case (usually by Minister directive), but here in problems:
1. You can not stay in Canada while you H&C application in process. (except you have another status in Canada or AIP)
2. Very, Very and again very low chance - 5-10%!
3. If you apply for H&C and then your leave Canada (no status) your H&C application in 99.9% will be rejected.

May be in your case the H&C is only what you can do...
You have to have really hard work on this application.

Regards,
D.Hudson.

You said when applying for H&C the individual CAN NOT leave Canada? who told you this?
Then you said if you applied for H&C and leave Canada the application will be 99% rejected?? It doesn't make sense what your saying!
So you advice for applying and the applicant must be outside Canada while the application in process, then if you leave application will be rejected??

Please explain to me?

 

[Dhudson]

You said when applying for H&C the individual CAN NOT leave Canada? who told you this?
Then you said if you applied for H&C and leave Canada the application will be 99% rejected?? It doesn't make sense what your saying!
So you advice for applying and the applicant must be outside Canada while the application in process, then if you leave application will be rejected??

Please explain to me?

Sure,
Please read my post carefully, I wrote "1. You can not stay in Canada while you H&C application in process. (except you have another status in Canada or AIP)". - that mean just applying for H&C doesn't give you legal status to stay in Canada.

Example:
The person has expire visitor visa or deportation order and person applied for H&C and if then leave Canada - case in 99% will be rejected!

Because : In basic words idea of H&C to give person chance to get PR within Canada based on humanitarian and compassionate. There are rare exceptions.

 

[PMA]

Sure,
Please read my post carefully, I wrote "1. You can not stay in Canada while you H&C application in process. (except you have another status in Canada or AIP)". - that mean just applying for H&C doesn't give you legal status to stay in Canada.

Example:
The person has expire visitor visa or deportation order and person applied for H&C and if then leave Canada - case in 99% will be rejected!

Because : In basic words idea of H&C to give person chance to get PR within Canada based on humanitarian and compassionate. There are rare exceptions.

thank you Dhudson,

What you think if I apply for H&C along with TRP to legally allow us to remain in Canada, I have a good Job and been established in Canada for very long time.
please advice and thank you

 

[Dhudson]

thank you Dhudson,

What you think if I apply for H&C along with TRP to legally allow us to remain in Canada, I have a good Job and been established in Canada for very long time.
please advice and thank you

Unfortunately I am not sure if after rejected PR you still can stay in Canada if you have valid TRP or not (Looks like you can...).

So... If you TRP still valid and you can able legally stay in Canada while TPR not expire - sure you HAVE to try to apply for H&C application.

Regards,

DHudson.

 

[PMA]

Unfortunately I am not sure if after rejected PR you still can stay in Canada if you have valid TRP or not (Looks like you can...).

So... If you TRP still valid and you can able legally stay in Canada while TPR not expire - sure you HAVE to try to apply for H&C application.

Regards,

DHudson.

I don't have TRP yet! I'm going to apply for it along with the H&C, I have valid status so far Open work permit.

 

[Dhudson]

I don't have TRP yet! I'm going to apply for it along with the H&C, I have valid status so far Open work permit.

I not sure what going to happened with your status (OWP) after PR get be rejected .....
Better to ask immigration lawyer about that.

P.s. People must understand, and Just to be clear : This forum is NOT free immigration lawyer consultation (and etc) and nobody have responsibility of there answers, this forum just : Suggestions, recommendations and sharing experiences to help people to find right way to immigrate to Canada. You have to try by your self to find the immigration lawyer to help you in your situation and/OR use information from this forum in your case (Please correct me if I am wrong)

Regards,
DHudson.

 

[Taxed]

H&C application is unpredictable application.
I have "experience" with one family who did apply for H&C but have deportation warrant order for arrest (refused refugee case) and RCMP detained them in jail for deportation ,but few days before deportation date that family proven to Minister of Immigration and Minister personally grand them status to stay in Canada and apply for PR base on humanitarian and compassionate in special that family situation, and now they are PR.
But they had have extremely hard fight for that for 4 years....


Yes , H&C may overcome your inadmissibility in some case (usually by Minister directive), but here in problems:
1. You can not stay in Canada while you H&C application in process. (except you have another status in Canada or AIP)
2. Very, Very and again very low chance - 5-10%!
3. If you apply for H&C and then your leave Canada (no status) your H&C application in 99.9% will be rejected.

May be in your case the H&C is only what you can do...
You have to have really hard work on this application.

Regards,
D.Hudson.

Hello,
Based on my experience with H&C, you can apply only if you are in Canada and your application will still be processed even if you leave Canada due to deportation or any other reason.

That being said, i was deported after a failed refugee claim which took 4 years, i applied for H&C after 12 months from the refusal date of the refugee claim (as this is the law) unless theres special circumstances.

Usually it takes 38 month to process H&C application, mine was processed in 6 months, i was approved and i did my medical exam and my police certificate for my home country and Canada.
It has been 2 months since i did the ME and police clearance so im just waiting for the next step.

In conclusion, the 99.9% reject you mentioned did not apply to me as i was approved, so it really is about each case.

Peace and sorry i bumped the topic.

 

[Ottawa-applicant]

Hello,
Based on my experience with H&C, you can apply only if you are in Canada and your application will still be processed even if you leave Canada due to deportation or any other reason.

That being said, i was deported after a failed refugee claim which took 4 years, i applied for H&C after 12 months from the refusal date of the refugee claim (as this is the law) unless theres special circumstances.

Usually it takes 38 month to process H&C application, mine was processed in 6 months, i was approved and i did my medical exam and my police certificate for my home country and Canada.
It has been 2 months since i did the ME and police clearance so im just waiting for the next step.

In conclusion, the 99.9% reject you mentioned did not apply to me as i was approved, so it really is about each case.

Peace and sorry i bumped the topic.

That's good news, so you were lucky after 6 months you received the approval. keep us posted with the progress of your application.

 

[waheedkabuly]

i am from Afghanistan and want to apply for Hardship back home (country in a war) vise there is any way to come to Canada from Afghanistan.

 

[scylla]

i am from Afghanistan and want to apply for Hardship back home (country in a war) vise there is any way to come to Canada from Afghanistan.

The only option would be to apply as a refugee. To apply as a refugee, you must be living outside of Afghanistan.

 

[PMA]

Hi,

Just an update:
I have submitted the H&C arguments end of Feb 2016, hopefully I hear something soon
Will post any changes

Thanks

 

[Alurra71]

Hi,

Just an update:
I have submitted the H&C arguments end of Feb 2016, hopefully I hear something soon
Will post any changes

Thanks

Wait a minute. You have your COPR and haven't yet tried to land? Don't you think you should try that route prior to submitting any kind of arguments and such? Would be wasteful to have them deny you based on the fact that you haven't even attempted yet to land ....

 

[scylla]

Wait a minute. You have your COPR and haven't yet tried to land? Don't you think you should try that route prior to submitting any kind of arguments and such? Would be wasteful to have them deny you based on the fact that you haven't even attempted yet to land ....

OP already tried to land and was refused due to the charges.