Im scared. Need advice

[Coocooclock]

I came here in canada with a visitor visa. Which expired November of 2017, i tried everything do extend my stay like applying for student and h&c but all got refused. Now i have received a notice to appear in a proceeding but my immigration consultant told me to ignore it so i didn't go. We are preparing to apply for another h&c to appeal my case because my mother died here in canada(which is the main reason why i came here) and my father already has a new family in my country. So i don't have anyone to go back there anymore.
Now that Im out of status, im scared that I'll get arrested or something. And my immigration consultant isn't even done reviewing my documents for my h&c so it hasn't been filed yet.
I don't know what to do. Should i just go back to my country? Should i call the cic or something.
Pls help. Im scared.

 

[Buletruck]

Your consultants advice not to show up was probably less than sound, given your circumstances. Chances are are now facing a departure order as a minimum and you likely have 30 days to leave Canada before it becomes a deportation order. If it does become a deportation order, your chances of returning to Canada are nil, unless you successfully apply for an ARC.
For your second H&C case, I suspect you are barred for 1 year before you could apply again. And your consultant should know that H&C applications from visitors are not considered. You should probably start planning to go home.

https://www.canada.ca/en/immigratio...tions/humanitarian-compassionate-grounds.html

Other rules that apply to humanitarian and compassionate grounds:

• You may only ask for humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. We will not look at H&C requests from temporary resident applicants.
• You cannot have more than one humanitarian and compassionate grounds application at the same time.
• We will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment.
• You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
• You cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.)

You should really call IRCC and find out what your status is. And get your money back from your consultant.

 

[scylla]

I came here in canada with a visitor visa. Which expired November of 2017, i tried everything do extend my stay like applying for student and h&c but all got refused. Now i have received a notice to appear in a proceeding but my immigration consultant told me to ignore it so i didn't go. We are preparing to apply for another h&c to appeal my case because my mother died here in canada(which is the main reason why i came here) and my father already has a new family in my country. So i don't have anyone to go back there anymore.
Now that Im out of status, im scared that I'll get arrested or something. And my immigration consultant isn't even done reviewing my documents for my h&c so it hasn't been filed yet.
I don't know what to do. Should i just go back to my country? Should i call the cic or something.
Pls help. Im scared.

You asked about skipping the hearing here earlier and you were told by several people it would be a huge mistake not to attend:

https://www.canadavisa.com/canada-i...ads/notice-to-appear-for-a-proceeding.551182/

It was a huge mistake not to attend.

Find a new immigration lawyer now.

 

[Coocooclock]

Your consultants advice not to show up was probably less than sound, given your circumstances. Chances are are now facing a departure order as a minimum and you likely have 30 days to leave Canada before it becomes a deportation order. If it does become a deportation order, your chances of returning to Canada are nil, unless you successfully apply for an ARC.
For your second H&C case, I suspect you are barred for 1 year before you could apply again. And your consultant should know that H&C applications from visitors are not considered. You should probably start planning to go home.

https://www.canada.ca/en/immigratio...tions/humanitarian-compassionate-grounds.html

Other rules that apply to humanitarian and compassionate grounds:

• You may only ask for humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. We will not look at H&C requests from temporary resident applicants.
• You cannot have more than one humanitarian and compassionate grounds application at the same time.
• We will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment.
• You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
• You cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.)

You should really call IRCC and find out what your status is. And get your money back from your consultant.

Your consultants advice not to show up was probably less than sound, given your circumstances. Chances are are now facing a departure order as a minimum and you likely have 30 days to leave Canada before it becomes a deportation order. If it does become a deportation order, your chances of returning to Canada are nil, unless you successfully apply for an ARC.
For your second H&C case, I suspect you are barred for 1 year before you could apply again. And your consultant should know that H&C applications from visitors are not considered. You should probably start planning to go home.

https://www.canada.ca/en/immigratio...tions/humanitarian-compassionate-grounds.html

Other rules that apply to humanitarian and compassionate grounds:

• You may only ask for humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. We will not look at H&C requests from temporary resident applicants.
• You cannot have more than one humanitarian and compassionate grounds application at the same time.
• We will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment.
• You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
• You cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.)

You should really call IRCC and find out what your status is. And get your money back from your consultant.

Thanks for the information. Yeah i think i have been misinformed. I didn't even know about the 1 year bar. Does it applies to student visa refusal too? Because the h&c refusal I got was already more than a year.

 

[Coocooclock]

You asked about skipping the hearing here earlier and you were told by several people it would be a huge mistake not to attend:

https://www.canadavisa.com/canada-i...ads/notice-to-appear-for-a-proceeding.551182/

It was a huge mistake not to attend.

Find a new immigration lawyer now.

They aren't a lawyer. They are immigration consultant, mainly they just help me in my applications. Yeah i regret not going. What's done is done. I don't know what to do next.

 

[scylla]

They aren't a lawyer. They are immigration consultant, mainly they just help me in my applications. Yeah i regret not going. What's done is done. I don't know what to do next.

Again, you need to ditch the consultant and hire a real immigration lawyer.

Or, alternatively, you can opt to leave Canada (if you're going to do that I would leave as soon as you can).

 

[zardoz]

Thanks for the information. Yeah i think i have been misinformed. I didn't even know about the 1 year bar. Does it applies to student visa refusal too? Because the h&c refusal I got was already more than a year.

I think that the "ship has sailed" on any possibility of you being able to obtain any form of TRV now. You have demonstrated that you are unlikely to comply with immigration conditions and will likely not return home at the end of the visa period.

 

[Coocooclock]

I think that the "ship has sailed" on any possibility of you being able to obtain any form of TRV now. You have demonstrated that you are unlikely to comply with immigration conditions and will likely not return home at the end of the visa period.

What do you mean unlikely?

 

[zardoz]

What do you mean unlikely?

https://www.merriam-webster.com/thesaurus/unlikely

 

[Buletruck]

Unlikely means that as a visitor or student you won’t leave when you are/were suppose to.

 

[Coocooclock]

https://www.merriam-webster.com/thesaurus/unlikely

Lol. I know what it means. Thanks anyway.

 

[Coocooclock]

Unlikely means that as a visitor or student you won’t leave when you are/were suppose to.

Ok thanks.

 

[zardoz]

Ok thanks.

Had you appeared at the proceedings, as requested, you *might* have had a chance to rescue your situation in person. Unfortunately, as we know, that didn't happen and, in the eyes of CBSA and/or IRCC, your non-attendance sends a very clear message.

 

[canuck78]

A bit confused. If you have no family here but family in your home country you do have something to go back to. Your father is still your father even if he has remarried. I am missing the logic to your argument.