anyone here had an Interview by Phone???

[Ponga]

Jomz may be on to something:
http://www.oag-bvg.gc.ca/internet/English/parl_oag_200805_07_e_30703.html#ex1

You will notice that anything in the flowchart that appears after the Case Review/pre-removal interview, *typically* results in removal. Since you [OP] would likely not receive a positive PRRA (Pre-removal risk assessment), the next step shown is `Obtain travel documents'.

Since they asked you if you had already submitted an application and, even after you said that you hadn't but were working to get it submitted, they didn't discourage you...seems to offer a chance that you might be ok. If, however, they knew that, by you not having the application submitted at the time of their arrival (when they in essence scheduled what could be your pre-removal interview)...seems heartless. I suppose being heartless would not be their intent, but rather collateral damage for someone in your position, as they're just doing their job.

*the disclaimer at the bottom of the flowchart does state:
Note: This exhibit presents a simplified version of the detentions and removals process, primarily from the perspective of the Canada Border Services Agency. It is not intended to portray every eventuality.

This may still give you some hope, based on what we know of your story...hopefully!

VioletBlue, have you called a lawyer to get an idea of what to expect? The law firm that hosts this forum offers a free consultation. They are based in Montreal but have a liaison office in Toronto. You can find their contact numbers by clicking on the CANADAVISA.COM logo at the top of the page.

If I recall, you have had at least one person post (on your other thread) that they were in the same situation and WAS NOT removed, so maybe you can contact that person and get all of his/her information to add to your case.
Lastly...you said that they took your passport and birth certificate. Had you already made photocopies of these before they took them, since you need them for your application?

 

[Avadava]

Before removing someone from Canada, immigration authorities are required to see if the person faces some risk in returning to their country. Accordingly, the foreign national is called in for a “pre-removal interview” where they are served with a notice informing them of their right to make a “pre-removal risk assessment” (PRRA) application. If they make such an application and are found to be at risk, they will be allowed to remain here and to apply for permanent resident's status. If such an application is not made, or is made but refused, the person is removed.

From what I recall from her previous post, if OP returns to her home country, she might face some risk. I remember her saying that her family does not agree with her relationship (something to do with religious reasons?). If she will be frowned upon by her own family for her relationship with the Canadian citizen, isn't this considered a risk?

I might be wrong, but just putting it out there for discussion.

I found the post too:

Thank you for your encouraging words

yes....They asked me if I submitted it and I told them I was gathering all the documents and was gonna be sending it in soon....they did write notes of everything I said...they asked why I didnt want to go back home ....I said because my husband was a different race and my family is muslim nd They didn't really approve....they wrote that down too...they asked how old my daughter is(20 mths)...how far along I am(6mths) etc...

so I don't know....I sent an e-mail to a family friend who works for immigration lawyer to ask for any advice from her...so waiting to hear what she will say

 

[Ponga]

From what I recall from her previous post, if OP returns to her home country, she might face some risk. I remember her saying that her family does not agree with her relationship (something to do with religious reasons?). If she will be frowned upon by her own family for her relationship with the Canadian citizen, isn't this considered a risk?

I might be wrong, but just putting it out there for discussion.

YES! I believe you are correct. That in and of itself would seem to leave the door open for a PRRA, right?!?!

I know there are some that say an out of status person deserves what they get, but it's nice to hope the best for another human.

 

[jomz]

You guys are right. If she is muslim and her husband is not, she can have a lot of problems back home, depending on which country she is from the penalty for her to return to her country could be death if the country follows Sharia law.

 

[Avadava]

You guys are right. If she is muslim and her husband is not, she can have a lot of problems back home, depending on which country she is from the penalty for her to return to her country could be death if the country follows Sharia law.

Exactly. And even if her parents wouldn't be this hard on her, I would still play this card with the CBSA. I don't want to denigrate any religion here, but there are cases where she would be considered to have dishonored her family by marrying a non muslim, and even face capital punishment.

VioletBlue, make sure you emphasize this matter in your interview. If you are afraid to go back because your family will judge you harshly for religious reasons, tell them that.

 

[VioletBlue]

Thank you so much everyone!! For taking the time to help me out!! Your every post gives me some hope...I sincerely appreciate the time u all took to find things that relate to my case....thank you so much.

My home country is Bosnia and as you might know it suffered through a terrible war not so long ago. Unfortunately this left people not so accepting of different religions...races etc...so the fact that I am married to a Native American whose parents are christian and have one...soon two kids will not be accepted so well there...and after living here for 8 years I don't even know what kind of medical system is in place....would I be covered to have baby etc etc

I know people think that since I'm out of status I deserve to be kicked out. But I did try to restore it....few times...so its not like I just sat around doing nothing.

Also there are far worse things that a person can do in this life and just because someone ended up being out of status doesn't mean they should be separated from their family like they are the worst criminal ....I was never in trouble w law ...for even the smallest thing....I don't even drink, smoke or do drugs...I am not or welfare ..and not using the system in any way....so I'm pretty sure there are far worse people out there than me....

All I want is a chance to fix this mess I got myself into....its been a HUGE burden on my shoulders all these years and I would do anything to get a second chance...

Sorry, im just rambling but not everyone who is here out of status is Bad!

Anyways....thank you all again for all your help and guidance!