HELP

[14yearsincanada]

Hi, i have a few different questions if anyone could provide some advice or knowlage of any of them id very much appreciate it.

I live in canada, i have for 14 years now, moved here when i was bout 10 years old. i had permanent Residency but i have have been ordered to be deported for 9 months now. they can not send me cause the country isnt accepting me cause they believe i should be a canadian citizen. I have a fiance and we have a child due in 5 months.

Question 1. since i havent been deported(for criminality) yet but have a deportation order if we get married now will that do anything for my deportation, we dont wanna get married till after our new born but could before (fiance is a canadian citizen). ? ? ?

Question 2. fiance has a 2 year old with someone else, there is a court order in place that im not allowed around her 2 year old because the father wanted it and they granted it because of my criminal charges but they were dropped and now they are not allowing me around her cause i have a deportation order. They say its not fair if im introduced to her and then deported and takin away from her but they dont get that she knows who i am and talks to me on the phone. Can they do that just because i have an outstanding deportation order. ? ? ?

Question 3. Is my cbsa officer allowed to share information bout me or bout my deportation with the father of my fiances daughter and his family lawyer. There must be some kind of privacy act violation that there able to call and ask info bout me and the cbsa officer give it to them to use against me in family court. Relistically any lawyer i obtain has to get a signed affidavid that ive given him permission to obtain any information bout me so why is it they can call and get information on me without any consent from me. ? ? ? i think the cbsa officer shouldnt be allowed but probably is because he wants to ruin my life and will do anything to.

I would really appreciate some feedback as i dont know hwat to do and what to think. i just wanna be home with my fiance and her daughter i treat as my own and be a family together for when the newborn arrives and the daughter be there to welcome her new sibling and of course get this citizenship issue sorted out so we can go on with ourlives.

 

[tam.1979]

Hi,
I'm so sorry you found yourself in such a mess. I, personally, don't know how to help you, but what I would do is STRONGLY recommend you contact a few citizenship and immigration lawyers and consultants (they are two different entities - look at yellow pages for "citizenship and immigration lawyers" and "citizenship and immigration consultants") and see if you can have a sit-down conversation with them (bring your Canadian fiance). They don't have to be LARGE corporations to be good.

Many of them have free consultations, but even if you have to pay for an hour consultation, (it's not much - under $100) you can get legally correct information... It's a small price to pay to get CORRECT answers. Many people here would be guessing at best, and when it comes to immigration and deportation matters, guessing can do NO good....

I really wish you luck, and if you decide to go and talk to someone, please let me know how it went.

 

[jayde]

I don't really know what to tell you about the immigration part, but as far as the family court stuff, all I can say is,

Family court judges can and will decide what they believe is the best interest of the child. So yes, they can use your deportation order against you, or anything else for that matter. If they feel it is in the child's best interest, that's what they'll do. I'm not saying they're right or wrong, but they "should" always put the child's needs first, and unfortunately, it is their interpretation of the facts that determines their judgement.

I am not sure if it is against any privacy act for CBSA to release information about you, I really can't say. The fact is, if the courts know now, they can use it. It's not a criminal trial, it's family court... besides, I'm sure if they wanted to go to trial over custody they could order the records.

Sorry... that's how family court works.

My lawyer tells me that nobody wins in family court... and in most judgements, neither party walks away feeling victorious over the other. (Only lawyers in really).

Good luck...