exclusion order help

[KURTis1234]

hi, everyone, I overstayed in Canada for 5 years after my study permit expired . today I received an exclusion order with a ban of 1 year and cbsa is supposed to remove me from Canada in a month, I have applied for an H&C application on child ground because I have a 3-year-old son who lives with his grandparent because the mother became an addict and decided to abandon him. So I am his only parent left beside his grandparent who are getting old . What can I do so cbsa delay de deportation order until I get an answer for my H&C or is there any way I can get the 1-year ban off.BTW I submit my H&C only last month.

 

[hawk39]

What can I do so cbsa delay de deportation order until I get an answer for my H&C...

Per IRCC's online instructions for H&C applications:

Are you under removal order?
If you are under a removal order and decide to submit an application for permanent residence based on H&C, it will not delay your removal from Canada. You must leave on the specified removal date. We will continue to process your application and we will notify you of the decision in writing.

...or is there any way I can get the 1-year ban off.

Per CBSA's website:

• With an Exclusion Order, you cannot return to Canada for one year.
  • If you do wish to return before the 12 months have passed, you must apply for an ARC.
  • If an exclusion order has been issued for misrepresentation, you cannot return to Canada for five years.
  • If the CBSA paid for your removal from Canada, you must repay that cost.

 

[scylla]

hi, everyone, I overstayed in Canada for 5 years after my study permit expired . today I received an exclusion order with a ban of 1 year and cbsa is supposed to remove me from Canada in a month, I have applied for an H&C application on child ground because I have a 3-year-old son who lives with his grandparent because the mother became an addict and decided to abandon him. So I am his only parent left beside his grandparent who are getting old . What can I do so cbsa delay de deportation order until I get an answer for my H&C or is there any way I can get the 1-year ban off.BTW I submit my H&C only last month.

I would recommend you post your question to the Refugee / Asylum section of the forum. This is where H&C applications are discussed and you'll get the best advice.