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Helping a friend escape domestic violence

natashap411

Full Member
Dec 12, 2023
22
0
Hello, I am trying to help my friend who has escaped from a violent spouse and is currently staying with me in Nova Scotia.
She is a natural born USA citizen and has a 15 year old child who is also staying with us.

She has been allowed at POE to visit for the 3rd time in 3 years, for a 6 months stay, since this September.

She may need to return for her child's state online school exams that have to be done in person in April. She must leave by March if she doesn't want to overstay her visitor visa. She has nowhere to stay in the USA, as her spouse moved into a 1 br apartment at the same time that she left for Canada in Sept, and also because he has consistently been voilently, finanancially and emotionally abusive, and has frequently put the child in dangerous and inappropriate situations.

Her spouse was brought to Canada from the Phillipines when he was 6 years old and is currently around 45 years old. He has had trouble getting legal status, even though his parents live in the USA and have since obtained either permanent residence or citizenship.
He is very secretive and avoids using his home address or allowing her any access to his immigration and criminal lawyers.
It is believed he has had trouble obtaining legal status in the USA for so long because of a criminal charge for drug possession or trafficking, which has since been "taken care of", apparently due to an agreement to testify against others.

She has been seeking divorce for over 13 years, but he has agressively coerced and guilted her into staying married, telling her that she can testify at court for him, so he will not be deported away from his child.

His child no longer wants or seeks any contact, due to physical and emotional neglect and being put in dangerous situations. Also due to witnessing violence, harassment, and financal abuse against his mother.

This court date has mysteriously been arranged and rescheduled multiple times, for all these years, but supposedly will finally be held in early 2024.

Personally, I am afraid that if she goes there and vouches for him and their marriage in court, he will then have no reason to hold back on his abuse. Her biggest fear is that he will try for full custody, or take their child to the Phillipines and not return. He has made threats and has access to funds while she does not.
He is currently working as a radiologist, while she has had to quit working in order to homeschool her child through the pandemic. She had not been living with him for around a decade, but lost her home and had to move in with him. She is afraid for her child's safety, so she tries not to let the father be alone with the child.

She is obviously in a state of trauma and survival and would often try to lock herself in her bedroom to avoid him whenever he was home from work, though he would attempt to break the door if angered.

She has extensive experience working in general maintenance, and has a cosmetology certificate. She also has experience in food service but would prefer a maintenance job. She is excellent at cleaning and enjoys being able to do vigorous cleaning work without much or any supervision. She also has fairly recent experience doing night firewatch at construction sites and enjoyed that job. She would have kept doing that, but her spouse chose to move too far away for her to get transportation, and refused to let her keep or maintain a working vehicle.

I am a natural born Canadian, but low income myself, due to being disabled, though I have yet to apply for disability.
I can and have been providing 2 bedrooms in my house, for her and her child to stay in permanently, or as long as she likes .

How can I help her be able to work and immigrate to Canada? She ultimately doesn't want to return to the USA, except for short camping vacations.
 

Naturgrl

VIP Member
Apr 5, 2020
39,743
8,172
Hello, I am trying to help my friend who has escaped from a violent spouse and is currently staying with me in Nova Scotia.
She is a natural born USA citizen and has a 15 year old child who is also staying with us.

She has been allowed at POE to visit for the 3rd time in 3 years, for a 6 months stay, since this September.

She may need to return for her child's state online school exams that have to be done in person in April. She must leave by March if she doesn't want to overstay her visitor visa. She has nowhere to stay in the USA, as her spouse moved into a 1 br apartment at the same time that she left for Canada in Sept, and also because he has consistently been voilently, finanancially and emotionally abusive, and has frequently put the child in dangerous and inappropriate situations.

Her spouse was brought to Canada from the Phillipines when he was 6 years old and is currently around 45 years old. He has had trouble getting legal status, even though his parents live in the USA and have since obtained either permanent residence or citizenship.
He is very secretive and avoids using his home address or allowing her any access to his immigration and criminal lawyers.
It is believed he has had trouble obtaining legal status in the USA for so long because of a criminal charge for drug possession or trafficking, which has since been "taken care of", apparently due to an agreement to testify against others.

She has been seeking divorce for over 13 years, but he has agressively coerced and guilted her into staying married, telling her that she can testify at court for him, so he will not be deported away from his child.

His child no longer wants or seeks any contact, due to physical and emotional neglect and being put in dangerous situations. Also due to witnessing violence, harassment, and financal abuse against his mother.

This court date has mysteriously been arranged and rescheduled multiple times, for all these years, but supposedly will finally be held in early 2024.

Personally, I am afraid that if she goes there and vouches for him and their marriage in court, he will then have no reason to hold back on his abuse. Her biggest fear is that he will try for full custody, or take their child to the Phillipines and not return. He has made threats and has access to funds while she does not.
He is currently working as a radiologist, while she has had to quit working in order to homeschool her child through the pandemic. She had not been living with him for around a decade, but lost her home and had to move in with him. She is afraid for her child's safety, so she tries not to let the father be alone with the child.

She is obviously in a state of trauma and survival and would often try to lock herself in her bedroom to avoid him whenever he was home from work, though he would attempt to break the door if angered.

She has extensive experience working in general maintenance, and has a cosmetology certificate. She also has experience in food service but would prefer a maintenance job. She is excellent at cleaning and enjoys being able to do vigorous cleaning work without much or any supervision. She also has fairly recent experience doing night firewatch at construction sites and enjoyed that job. She would have kept doing that, but her spouse chose to move too far away for her to get transportation, and refused to let her keep or maintain a working vehicle.

I am a natural born Canadian, but low income myself, due to being disabled, though I have yet to apply for disability.
I can and have been providing 2 bedrooms in my house, for her and her child to stay in permanently, or as long as she likes .

How can I help her be able to work and immigrate to Canada? She ultimately doesn't want to return to the USA, except for short camping vacations.
Sorry about her situation but most of her issues have nothing to do with Canada nor Canadian immigration. She needs to look at immigration programs like Express Entry based on her age, experience, language, education and funds. For a job, she needs a full-time job offer and then employer needs an approved LMIA. The LMIA proves that no Canadian or PR can do the job, only she has the work experience and education. She will need job experience letters and maybe ECA for her education.

She can move anywhere in the US and doesn’t need to be in the same state as him.
 
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natashap411

Full Member
Dec 12, 2023
22
0
I also wanted to add that I have a small, popular food cart business that I could make her a partner of, as I cannot run it anymore.
I'm not sure if that would be a path for her to immigrate though.
 

YVR123

VIP Member
Jul 27, 2017
6,559
2,506
Agree that your friend will have lot more support from her government and/or organization in the US than in Canada.
She should seek help there as a citizen.
 

Naturgrl

VIP Member
Apr 5, 2020
39,743
8,172
I also wanted to add that I have a small, popular food cart business that I could make her a partner of, as I cannot run it anymore.
I'm not sure if that would be a path for her to immigrate though.
Does she have at least $600k in net worth? Does she have at least 3 years experience in running a business? Is your business viable for a financial review as a viable business? If not, no.
 

scylla

VIP Member
Jun 8, 2010
92,937
20,543
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello, I am trying to help my friend who has escaped from a violent spouse and is currently staying with me in Nova Scotia.
She is a natural born USA citizen and has a 15 year old child who is also staying with us.

She has been allowed at POE to visit for the 3rd time in 3 years, for a 6 months stay, since this September.

She may need to return for her child's state online school exams that have to be done in person in April. She must leave by March if she doesn't want to overstay her visitor visa. She has nowhere to stay in the USA, as her spouse moved into a 1 br apartment at the same time that she left for Canada in Sept, and also because he has consistently been voilently, finanancially and emotionally abusive, and has frequently put the child in dangerous and inappropriate situations.

Her spouse was brought to Canada from the Phillipines when he was 6 years old and is currently around 45 years old. He has had trouble getting legal status, even though his parents live in the USA and have since obtained either permanent residence or citizenship.
He is very secretive and avoids using his home address or allowing her any access to his immigration and criminal lawyers.
It is believed he has had trouble obtaining legal status in the USA for so long because of a criminal charge for drug possession or trafficking, which has since been "taken care of", apparently due to an agreement to testify against others.

She has been seeking divorce for over 13 years, but he has agressively coerced and guilted her into staying married, telling her that she can testify at court for him, so he will not be deported away from his child.

His child no longer wants or seeks any contact, due to physical and emotional neglect and being put in dangerous situations. Also due to witnessing violence, harassment, and financal abuse against his mother.

This court date has mysteriously been arranged and rescheduled multiple times, for all these years, but supposedly will finally be held in early 2024.

Personally, I am afraid that if she goes there and vouches for him and their marriage in court, he will then have no reason to hold back on his abuse. Her biggest fear is that he will try for full custody, or take their child to the Phillipines and not return. He has made threats and has access to funds while she does not.
He is currently working as a radiologist, while she has had to quit working in order to homeschool her child through the pandemic. She had not been living with him for around a decade, but lost her home and had to move in with him. She is afraid for her child's safety, so she tries not to let the father be alone with the child.

She is obviously in a state of trauma and survival and would often try to lock herself in her bedroom to avoid him whenever he was home from work, though he would attempt to break the door if angered.

She has extensive experience working in general maintenance, and has a cosmetology certificate. She also has experience in food service but would prefer a maintenance job. She is excellent at cleaning and enjoys being able to do vigorous cleaning work without much or any supervision. She also has fairly recent experience doing night firewatch at construction sites and enjoyed that job. She would have kept doing that, but her spouse chose to move too far away for her to get transportation, and refused to let her keep or maintain a working vehicle.

I am a natural born Canadian, but low income myself, due to being disabled, though I have yet to apply for disability.
I can and have been providing 2 bedrooms in my house, for her and her child to stay in permanently, or as long as she likes .

How can I help her be able to work and immigrate to Canada? She ultimately doesn't want to return to the USA, except for short camping vacations.
There's no easy / immediate path for her to be able to remain in Canada.

- Refugee application: She will not be approved as a US citizen. This is a dead end.
- H&C application: Similar to the above. She really doesn't have a case.
- Economic immigration: She needs to have a job and work permit in Canada for this to be potentially feasible. Right now it's not feasible based on the information you have provided.
- Temporary Work Permit: To qualify for a work permit, she needs to secure a job offer with an employer in Canada which is a full time job. That employer will then need to go through the LMIA process which involves advertising the job to prove no Canadian can be hired and then paying a processing fee of $1K to have the LMIA processed. If the LMIA is approved, she can then apply for a closed work permit tied to that specific employer which will allow her to work in Canada temporarily.
 

natashap411

Full Member
Dec 12, 2023
22
0
Sorry about her situation but most of her issues have nothing to do with Canada nor Canadian immigration. She needs to look at immigration programs like Express Entry based on her age, experience, language, education and funds. For a job, she needs a full-time job offer and then employer needs an approved LMIA. The LMIA proves that no Canadian or PR can do the job, only she has the work experience and education. She will need job experience letters and maybe ECA for her education.

She can move anywhere in the US and doesn’t need to be in the same state as him.
I was thinking that her experience could get her a LMIA exempt job so perhaps she can start working faster.

She is also interested in furthering her studies here, but I couldnt find any scholarships she'd be eligible for.

She has no vehicle and no funds to travel or move anywhere on her own. She is at his mercy when/if he decides to give her funds, which are barely enough to feed and clothe the child. He will only provide travel funds, which he does only if/when it benefits him. She has already sold what little she owns that has not been destroyed, to gather enough funds to come here.

They are not safe relying on or being around him, she has no other place to live while trying to find a job.

Even if she could move to another state, he has threatened a custody battle if she does, and he has no problem lying to make it seem like she is the unsafe one.

The situation with her spouse is relevant because he has threatened to claim she is kidnapping, if she doesn't do what he wants.
 

natashap411

Full Member
Dec 12, 2023
22
0
Agree that your friend will have lot more support from her government and/or organization in the US than in Canada.
She should seek help there as a citizen.
She has tried, for many years. All legal help has denied her case for being too complicated due to the spouse's uncertain legal status.
She has not been able to find any help with a place for them to live.
 

YVR123

VIP Member
Jul 27, 2017
6,559
2,506
I was thinking that her experience could get her a LMIA exempt job so perhaps she can start working faster.

She is also interested in furthering her studies here, but I couldnt find any scholarships she'd be eligible for.

She has no vehicle and no funds to travel or move anywhere on her own. She is at his mercy when/if he decides to give her funds, which are barely enough to feed and clothe the child. He will only provide travel funds, which he does only if/when it benefits him. She has already sold what little she owns that has not been destroyed, to gather enough funds to come here.

They are not safe relying on or being around him, she has no other place to live while trying to find a job.

Even if she could move to another state, he has threatened a custody battle if she does, and he has no problem lying to make it seem like she is the unsafe one.

The situation with her spouse is relevant because he has threatened to claim she is kidnapping, if she doesn't do what he wants.
How does being in Canada change this? It's a different country which is further away from a different state. He can still claim that she is kidnapping unless there is a proper legal custody grand the child's care solely to her. And she needs permission of the father to bring the child across the border.
 

natashap411

Full Member
Dec 12, 2023
22
0
There's no easy / immediate path for her to be able to remain in Canada.

- Refugee application: She will not be approved as a US citizen. This is a dead end.
- H&C application: Similar to the above. She really doesn't have a case.
- Economic immigration: She needs to have a job and work permit in Canada for this to be potentially feasible. Right now it's not feasible based on the information you have provided.
- Temporary Work Permit: To qualify for a work permit, she needs to secure a job offer with an employer in Canada which is a full time job. That employer will then need to go through the LMIA process which involves advertising the job to prove no Canadian can be hired and then paying a processing fee of $1K to have the LMIA processed. If the LMIA is approved, she can then apply for a closed work permit tied to that specific employer which will allow her to work in Canada temporarily.
From my research and limited knowledge, it seems like she may be able to get a job offer for a LMIA exempt position? Either for maintenance, construction or food work.
But I'm having trouble figuring out which companies are advertising LMIA exempt jobs that she can apply for.
And how to apply for a work permit when she does get a job offer, or if she just asks for one at POE.
 

scylla

VIP Member
Jun 8, 2010
92,937
20,543
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I was thinking that her experience could get her a LMIA exempt job so perhaps she can start working faster.

She is also interested in furthering her studies here, but I couldnt find any scholarships she'd be eligible for.

She has no vehicle and no funds to travel or move anywhere on her own. She is at his mercy when/if he decides to give her funds, which are barely enough to feed and clothe the child. He will only provide travel funds, which he does only if/when it benefits him. She has already sold what little she owns that has not been destroyed, to gather enough funds to come here.

They are not safe relying on or being around him, she has no other place to live while trying to find a job.

Even if she could move to another state, he has threatened a custody battle if she does, and he has no problem lying to make it seem like she is the unsafe one.

The situation with her spouse is relevant because he has threatened to claim she is kidnapping, if she doesn't do what he wants.
- Under which LMIA exempt category? Based on the information you've provided, the jobs she would be looking for are not LMIA exempt. Does she speak / read French fluently?
- If she wants to go the study permit route, she will need to be able to fund everything herself unless she is studying at the Master's or PhD level. In that case some funding might be available. She'll need to have a bank balance of $30K+ to go the study permit route if she is studying below the Master's level.
 

scylla

VIP Member
Jun 8, 2010
92,937
20,543
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
From my research and limited knowledge, it seems like she may be able to get a job offer for a LMIA exempt position? Either for maintenance, construction or food work.
But I'm having trouble figuring out which companies are advertising LMIA exempt jobs that she can apply for.
And how to apply for a work permit when she does get a job offer, or if she just asks for one at POE.
The occupations you have listed are generally not LMIA exempt.

Which exact LMIA exempt category do you think she qualifies under?
 

natashap411

Full Member
Dec 12, 2023
22
0
How does being in Canada change this? It's a different country which is further away from a different state. He can still claim that she is kidnapping unless there is a proper legal custody grand the child's care solely to her. And she needs permission of the father to bring the child across the border.
She's already in Canada with permission.
She is safer here because he cannot reach her.

We and all of the many lawyers she has spoken to are not sure if he has grounds to claim kidnapping, as she has a full custody agreement, and he doesnt have legal status as a US citizen.
 

scylla

VIP Member
Jun 8, 2010
92,937
20,543
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
From my research and limited knowledge, it seems like she may be able to get a job offer for a LMIA exempt position? Either for maintenance, construction or food work.
But I'm having trouble figuring out which companies are advertising LMIA exempt jobs that she can apply for.
And how to apply for a work permit when she does get a job offer, or if she just asks for one at POE.
Here's the list of LMIA exemptions. You'll need to help us by indicating which one you think she can qualify under.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html