Criminal inadmissability? Any options at all?

[european]

Hi!

As a new member of this forum, seeking out for some advice. Hoping for any bit of help.

Due to a very poor representation by a lawyer, me and my husband have found ourselves in a big mess.

Here are the facts:
I was in Canada on my visitor visa.
I was charged of driving under the influence in October 2014, deeply regret.
I attended 4 months of meetings with MADD Canada, plus AA meetings two times per week and received a certificate of completition of both programs.
I applied to a Working Holiday visa and work permit January 2015, which I was conditionally accepted for - led me to believe I may stand a change.
I did not receive an answer until the 31th of July 2015.. which was a Friday. My visitor visa ended on the 1st of August 2015.
Because it was a weekend we failed to get any answers and after calling numerous times to different lawyers, CIC agents, they all advised me to remain in Canada and apply again as I was on implied status-90 day period.
We found a representative who was extremely positive, said everything will be fine and I will have my status fixed within a year.
We trusted her and filed an application of restoration of status and a temporary resident permit-TRP to overcome the inadmissibility in September 2015, still in the 90-day period.

At that point we were talked into a fact that the charge is not that serious, as I was only fined, not arrested etc.

To our surprise, as we were completely unaware of this possibility - lawyer had failed to notify us-In January 2016, I received a letter from Border Service Agency telling me to come to a proceeding, where they will evaluate the situation and decide weather I will have to leave Canada or be able to remain in Canada. The appointment was set out for the next morning after receiving the letter!!

I attended the so called "proceeding", which went exactly like this: I sat down in a room and an immigration officer handed me a Deportation order. He asked me several times o sign it, to which I answered, I want my representative to be with me-as she never received a letter from them about this. Because of the short notice our lawyer was not able to attend this proceeding. The officer also handed me a PRRA application and told me to fill it up if I dont want to get deported the following week. I asked him what about my current application, that has been in process for 5 months, he said he saw it in the system, but cant take any action. He told me there is no date required for my departure and that this is only a formality they need to do as I am not Canadian citizen nor permanent resident.

Our lawyer had no idea what was going on and was surprised this would even happen.

Two weeks later I received a refusal letter for the restoration of status due to the fact that an enforceable removal order was issued against me -the "proceeding" I attended.
A week after that I received a refusal for the temporary resident permit due to the fact that I had no status.

All in all, they never even reviewed our TRP application because of this removal order. We had a really good case of TRP to be approved. TRP is made for people who have been found criminally inadmissible. We sent out a big file with pictures of the genuinity of our relationship, certificates, parents/family statements, family ties, sufficient funds etc etc. And after five months of waiting it was tossed away because of this. In the letter they sent me they stated that I have to leave Canada immediately, but had no specific date on it.

Now we are trying to figure out what would be the best possible solution for us.

I understand I have to leave before I can get my status fixed. I will comply to that, but Im wondering why the did not give me a date?

Does this deportation order affect my future applications? Or is this simply a formality as the officer told me?

I am not eligible to apply for criminal rehabilitation as it the DUI was recent, does that mean the sponsorship application will be automatically refused? What if I apply for a new TRP from outside, will it be most likely approved because I will have no removal order against me anymore?

Isn't deportation order issued AFTER I get a departure order? Meaning, if I do not leave after a date they give me?

Has anyone had any experience or knowledge about H&C consideration? I really have built a life in Canada with my husband and my family and having to leave can completely destroy the lives of many people. My husband is a Canadian citizen with perfect background, he has never sponsored anybody before, neither of us have never been married, we have the full support from both of our families and we have more than sufficient funds to live in Canada.

If anyone can give a bite of advice, I would really appreciate it. What would be the best option for both of us.

Thank you in advance!!

 

[Aquakitty]

So you've actually been convicted of the crime?

I believe now since you were convicted of a DUI you can't be sponsored until 2019 or 2020. Now you are on the CBSA radar with that order so there is no hope of hiding from it for another 4 years.

DUI is a serious offence in Canada, and rightly so... but this means once you are convicted there is no way around it for 5 years from your fine payment date, when you can apply for rehabilitation or a pardon.

So did they issue you a deportation order or a departure order(what is the IMM #?)There's a big difference there, the deportation order will require you to get an ARC before you can try to return to Canada. If it's been more than 30 days since the departure order, it turns into a deportation order.

I don't know much about the workings of the CBSA and if what they did is usual though, but I've read about those who have had DUI's and received deportation orders and it sounds similar to what has happened to you.

 

[scylla]

You need to make plans to leave Canada. It sounds to me like you received a departure rather than deportation order. Make sure you're out within 30 days.

The simple answer is that you're inadmissible to Canada until five years have passed since you completed your probation / paid any fines. So this would be 2019 or 2020. Once the five years have passed, you will have to apply for rehabilitation. If rehabilitation is approved, you will once again be allowed to enter Canada.

You don't qualify for H&C due to the criminal conviction (the DUI excludes you from applying for H&C). Unfortunately there is also no point in having your husband sponsor you for PR at this time - the application will be refused due to your inadmissibility. You can try for a TRP from outside of Canada - impossible to say whether it will be approved or not. If you do in fact have a deportation order, you'll have an ARC to deal with on top of everything else.

It sounds like your lawyer didn't do a great job of things. Having said that, that doesn't impact where you stand today. This issue isn't what your lawyer did - the real problem is your DUI.