I need &help with my H&C application

[mariaGR]

Hi my name is maria and i need your help. i want informasions for my h&c application please i need whatever you know for the H&c because i m so comfuse .thanks maria

 

[scylla]

You're going to have to provide a lot more details about your situation if you want any help from this forum. Your question is far far far too general.

 

[Dhudson]

Hi my name is maria and i need your help. i want informasions for my h&c application please i need whatever you know for the H&c because i m so comfuse .thanks maria

Yes, please, to help you needs lot more details about your situation,

 

[mariaGR]

i m so sory. i start from begin. i have a failure refugee claim my lawyer she told me the best options is the h&c,and this i will do.But
now i waiting the removal order.how can i stop my removal order? because if i leave i know my request will by reject.i have three children 16,14,11 they going school i have my sister here and i am here 4 years and it is very difficult to go back.please help my i am so desperately
thanks a lot

 

[scylla]

i m so sory. i start from begin. i have a failure refugee claim my lawyer she told me the best options is the h&c,and this i will do.But
now i waiting the removal order.how can i stop my removal order? because if i leave i know my request will by reject.i have three children 16,14,11 they going school i have my sister here and i am here 4 years and it is very difficult to go back.please help my i am so desperately
thanks a lot

You can't apply for H&C if your refugee claim was refused in the last 12 months. This is a rule that is outlined on the following page:

http://www.cic.gc.ca/english/refugees/inside/h-and-c.asp

So you would have to wait for 12 months to pass after your refugee claim is refused before you can apply for H&C.

 

[mariaGR]

hi again i know that but the bar does not apply if ihave children under 18 who would be adversely affected if they removed from canada.my problem is how can i stay until the desision of the first stage how can i stop the removal order? thanks for your help

 

[Dhudson]

I'll try to help a bit.

First - yes, you are right , you can apply to H&C because you have kids who before 18 years old.

Second - You stay under removal order and soon it will become to "Deportation Order" (I think 30 days after refugee case was rejected but not sure may be less) and CBSA office will try to deport you and your kids immediately (usually with in tree months CBSA office will
"invite" you to interview. At that interview you can ask border officer to temporary stop you deportation and wait for decision of your H&C application (if you applied already) BUT in 99.9% cases CBSA officer will rejected your request for stay of removal.

After interview if CBSA officer will know for sure that you won't run or hide from CBSA – give you deportation date (flight date) and if you will not present at this date – CBSA officer will issue Wide Canada warrant arrest order for you and your family and RCMP will arrest you as soon they found you.
That mean - If you apply to H&C application is NOT stop you deportation until you receive "First Stage Approval" (Now its takes approx 3-12 months) and unfortunately only 10% cases get approved.

However you still have few options:
1. Apply for PRRA (http://www.cic.gc.ca/english/refugees/inside/prra.asp ) (you can win 1-3 months) but your home country should be not from "save country list" (http://www.cic.gc.ca/english/refugees/reform-safe.asp)
2. You can try to appeal the IRB decision(your refugee case)in Federal Court very expensive ($5k+)very low chance to win.
3. Get married (if you are not)
4. You can apply for H&C first and then for "Stay of removable order" in Federal Court very expensive ($5k+) very low chance to win.
5. You can apply for H&C first and then ask Minister of Immigration for "Stay of removal order" through your Member of Parliament. (it is for free but only 1% chance to get it , it's depending who is MP in your region and takes approx. 1-2 mounts too get answer from Minister office)
Finally:
H&C is grounds apply to people with exceptional cases and you have to prove it.
Regards,