Complicated Case- Need a Solution

[hsingh113]

Hi all,

This is a complicated case about my dad. Here is an overview:

- Came to the US in 1989 via a visitor visa in Canada. Left Canada to the US but was caught at the boarder. Released on a bond but was ordered to leave by IJ. He did not leave.

- Shortly after, he applied for SAW where he changed his name and DOB because he was caught and ordered to leave. Received a green card in the US under the new alias.

- Decided to come clean and let the government know of his mistake to ultimately use his proper identity. No criminal history.

- In 2016: filed for I601 and I485 in which both were denied recently.

QUESTION: Is there a path for him to come to come to Canada as a permeant resident? seems like the US is not a good option even after 31 years of living here (with 3 US citizen kids, US citizen spouse, taxes paid, home ownership, no crime, etc.)

The stress under the current situation has brought us to consider leaving everything behind here in New York and start over in Canada if possible.

Any insight would be super helpful. Appreciate your time on this.

 

[zardoz]

Hi all,

This is a complicated case about my dad. Here is an overview:

- Came to the US in 1989 via a visitor visa in Canada. Left Canada to the US but was caught at the boarder. Released on a bond but was ordered to leave by IJ. He did not leave.

- Shortly after, he applied for SAW where he changed his name and DOB because he was caught and ordered to leave. Received a green card in the US under the new alias.

- Decided to come clean and let the government know of his mistake to ultimately use his proper identity. No criminal history.

- In 2016: filed for I601 and I485 in which both were denied recently.

QUESTION: Is there a path for him to come to come to Canada as a permeant resident? seems like the US is not a good option even after 31 years of living here (with 3 US citizen kids, US citizen spouse, taxes paid, home ownership, no crime, etc.)

The stress under the current situation has brought us to consider leaving everything behind here in New York and start over in Canada if possible.

Any insight would be super helpful. Appreciate your time on this.

Realistically? No chance. Most likely unable to qualify for Express Entry or other "economic" immigration program. Would also not qualify as a refugee.

 

[hsingh113]

Realistically? No chance. Most likely unable to qualify for Express Entry or other "economic" immigration program. Would also not qualify as a refugee.

Thanks. Can you elaborate? Would Canada scrutinize his history even though he is a lawful permanent resident in the US?

also- the SAW application in which he changed his name and DOB has a confidentiality provision which I have just discovered. So it’s hard to even say what the government (and Canada) can use against him. He has legal status in the US.

thanks.

 

[zardoz]

Thanks. Can you elaborate? Would Canada scrutinize his history even though he is a lawful permanent resident in the US?

also- the SAW application in which he changed his name and DOB has a confidentiality provision which I have just discovered. So it’s hard to even say what the government (and Canada) can use against him. He has legal status in the US.

thanks.

His immigration history is not the problem. It's his eligibility for PR via an economic stream.
https://www.canada.ca/en/immigration-refugees-citizenship/services/come-canada-tool-immigration-express-entry.html

Use this linked page to see what options are available. He will need to score in the mid to high 400s.

 

[scylla]

Hi all,

This is a complicated case about my dad. Here is an overview:

- Came to the US in 1989 via a visitor visa in Canada. Left Canada to the US but was caught at the boarder. Released on a bond but was ordered to leave by IJ. He did not leave.

- Shortly after, he applied for SAW where he changed his name and DOB because he was caught and ordered to leave. Received a green card in the US under the new alias.

- Decided to come clean and let the government know of his mistake to ultimately use his proper identity. No criminal history.

- In 2016: filed for I601 and I485 in which both were denied recently.

QUESTION: Is there a path for him to come to come to Canada as a permeant resident? seems like the US is not a good option even after 31 years of living here (with 3 US citizen kids, US citizen spouse, taxes paid, home ownership, no crime, etc.)

The stress under the current situation has brought us to consider leaving everything behind here in New York and start over in Canada if possible.

Any insight would be super helpful. Appreciate your time on this.

To immigrate to Canada, you would need to qualify for permanent residency through an economic immigration stream like Express Entry based on your work experience, level of education, age, language abilities, availability of funds to support your settlement in Canada and other factors.

Have you calculated how many points you have under Express Entry? This is really the first step to start assessing whether a move to Canada is realistic. Right now you need to have 470+ points to be selected. Age may play a big factor (you haven't said how old you are) - also whether you are in a skilled occupation and your level of education (or your spouse's).

I'm not a US immigration expert, however my guess is that there's no future there due to the name & DOB misrepresentation. If that's been discovered and the green card was based on this, the green card will end up being revoked. Misrepresentation is a lifetitme ban in the US to the best of my knowledge - so no returning after you leave.

EDIT: you = your dad

 

[hsingh113]

Thank you.

What if I (US citizen) would like to immigrate to Canada and get a dual citizenship? I’m 28. Bachelors and degree and employed (also was employed by a Canadian firm in 2018). How difficult is that? What’s the most common way to do this? Know I should prob speak to a lawyer about this but just curious.

If I can do that, can I sponsor my dad to come to Canada?

 

[zardoz]

Thank you.

What if I (US citizen) would like to immigrate to Canada and get a dual citizenship? I’m 28. Bachelors and degree and employed (also was employed by a Canadian firm in 2018). How difficult is that? What’s the most common way to do this? Know I should prob speak to a lawyer about this but just curious.

If I can do that, can I sponsor my dad to come to Canada?

You will need to go to the link I supplied and work out your likely eligibility.
Becoming a citizen and/or sponsoring a parent is some years away regardless.

 

[scylla]

Thank you.

What if I (US citizen) would like to immigrate to Canada and get a dual citizenship? I’m 28. Bachelors and degree and employed (also was employed by a Canadian firm in 2018). How difficult is that? What’s the most common way to do this? Know I should prob speak to a lawyer about this but just curious.

If I can do that, can I sponsor my dad to come to Canada?

You would need to qualify through an economic immigration program like Express Entry. This is the most common route. No different than your father, it would depend on how many points you have (you need 470+ to be selected). No need to speak to a lawyer - you can do it yourself (most here have) provided you are willing to spend the time to research. First step is to calculate your Express Entry points. Make sure you do not say that you have a job offer in Canada. Without a Master's, hard to say if you will have enough points.

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

In terms of sponsoring your dad to come to Canada, it will be at least three years (possibly more) from the time you arrive in Canada and start working here before you will qualify to sponsor your father for PR.

 

[canuck78]

Would add there is no guarantee that a Canadian PR or citizen will ever be able to sponsor their parents. It is a year by year program and the demand far exceeds the current number of spots. Don’t want you to make plans thinking this is a guaranteed route for your father to come to Canada. Would anticipate that any travel to Canada as a visitor will also be difficult given the misrepresentation and likely deportation.

 

[hsingh113]

Thank you for the info- very helpful. I didn’t realize I potentially wouldn’t be able to sponsor my dad after obtaining PR status in Canada.

 

[canuck78]

Thank you for the info- very helpful. I didn’t realize I potentially wouldn’t be able to sponsor my dad after obtaining PR status in Canada.

The program is a year to year program that can change based on the political party in power plus may need to change based on the ageing demographics in Canada and the lack of capacity in the healthcare system. Believe there was over 100k applicants for 27k spots this year. Essentially parent sponsorship doesn’t add much to the economy. Actually drains resources which is why most countries don’t allow you to sponsor parents and let them access healthcare. They can apply to visit for 2 years through a supervisa if you pay for emergency health coverage for them. They have to pass a medical to qualify and must be approved and show ties to their home country. If they do get sick they must return home when stabilized because their supervisa insurance coverage will no longer cover them.

 

[zardoz]

Thank you for the info- very helpful. I didn’t realize I potentially wouldn’t be able to sponsor my dad after obtaining PR status in Canada.

This is indeed a definite possibility. You may never get a chance to sponsor him. You should think seriously about this eventuality in your planning.