Misrepresentation+5 Years inadmissibility
- Thread starter meyti
- Start date
URGENT,
I have question I was reviewing my PR application yesterday and I noticed that in the application there is question (have you been refused a visa in other country) and I marked YES and mentioned only Canada. I forgot to write that my wife and I have applied for US tourist visa and we denied due to shortages of documentation. Even I did not mention in my wife PR application that she has been denied two times to get US visa.
I am protected person and my PR application is under process and its been 10 months What should I do? Do I need to Notify IRCC now?
I have question I was reviewing my PR application yesterday and I noticed that in the application there is question (have you been refused a visa in other country) and I marked YES and mentioned only Canada. I forgot to write that my wife and I have applied for US tourist visa and we denied due to shortages of documentation. Even I did not mention in my wife PR application that she has been denied two times to get US visa.
I am protected person and my PR application is under process and its been 10 months What should I do? Do I need to Notify IRCC now?
You've misrepresented by not declaring adverse immigration information. Take a casual look through all the threads where people "forgot" to declare US visa refusals and what happened to them.
That you are a protected person complicates things a bit, but you're still misrepresenting yourself.
That you are a protected person complicates things a bit, but you're still misrepresenting yourself.
Hi all,
I am in a similar situation. I am a Dutch citizen currently residing in the Netherlands, with my Canadian girlfriend. In November 2016 I was granted a Working Holiday Visa for Canada and worked in Canada for several months. In April 2017, I was denied entrance into the United States in accordance with section INA 217, 2A2. This means I am no longer eligible for the Visa Waiver Program and will not be allowed entrance into the US for at least 5 years. I have a few concerns as explained below:
1. I was denied entrance due to a cannabis grinder in my backpack, there was no cannabis inside. Nonetheless, the grinder is seen as paraphernalia and thus am I now registered illegal substance offender according to US immigration laws.
2. My girlfriend is Canadian, thus I have been back to Canada three times on tourist visas since my inadmissibility. The first two times I was still able to travel on my Working Holiday Visa. However, during my last visit, I applied for an eTA and I failed to mention my inadmissibility to the US. I simply misinterpreted the question and did not realize that me being stopped at the US border in 2017 should have been included in the answer. I was granted the eTA, however, I am now fearful that my answers of this past eTA will be seen as misrepresentation in future visa applications.
3. My girlfriend and I will want to live in Canada in the future, and therefore she will be able to sponsor me for a PR application. However, I do not know how my US status could affect the PR application process? Furthermore, I fear that the misrepresentation in my previous eTA application will have consequences for my PR application?
Any advice on how to move forward, and on how to limit the consequences of the US inadmissibility, on future entries into Canada?
Thank you very much in advance. All help is appreciated!
Thanks!
I am in a similar situation. I am a Dutch citizen currently residing in the Netherlands, with my Canadian girlfriend. In November 2016 I was granted a Working Holiday Visa for Canada and worked in Canada for several months. In April 2017, I was denied entrance into the United States in accordance with section INA 217, 2A2. This means I am no longer eligible for the Visa Waiver Program and will not be allowed entrance into the US for at least 5 years. I have a few concerns as explained below:
1. I was denied entrance due to a cannabis grinder in my backpack, there was no cannabis inside. Nonetheless, the grinder is seen as paraphernalia and thus am I now registered illegal substance offender according to US immigration laws.
2. My girlfriend is Canadian, thus I have been back to Canada three times on tourist visas since my inadmissibility. The first two times I was still able to travel on my Working Holiday Visa. However, during my last visit, I applied for an eTA and I failed to mention my inadmissibility to the US. I simply misinterpreted the question and did not realize that me being stopped at the US border in 2017 should have been included in the answer. I was granted the eTA, however, I am now fearful that my answers of this past eTA will be seen as misrepresentation in future visa applications.
3. My girlfriend and I will want to live in Canada in the future, and therefore she will be able to sponsor me for a PR application. However, I do not know how my US status could affect the PR application process? Furthermore, I fear that the misrepresentation in my previous eTA application will have consequences for my PR application?
Any advice on how to move forward, and on how to limit the consequences of the US inadmissibility, on future entries into Canada?
Thank you very much in advance. All help is appreciated!
Thanks!
Being inadmissible to the US is not a reason for PR refusal, provided it is fully declared. Failure to declare IS a reason for refusal. You will want to include a letter of explanation regarding the failure to declare in your previous app.
Thank you for getting back to me. I will definitely include an explanation and a declaration of my failure to do so in previous applications. Do you think the fact that it is a controlled substances related issue will have any affect on the PR process? I currently have an eTA valid until 2023, so I won't need to apply for anything until I actually apply for my PR.
Thank you for getting back to me. I will definitely include an explanation and a declaration of my failure to do so in previous applications.
So inadmissibility to the US will never have an affect on PR refusals? No matter the reason you were found inamissable for?
I do not have any criminal record whatsover nor have I ever been in contact with the police. The only record of me using controlled substances, is the file the US customs have. I assume Canadian authorities will be granted access to these files when applying for a PR? Do you know how these files be interpreted by the Canadian government? And if the fact that is a controlled substances case will be weight heavier?
I currently have an eTA valid until 2023, so I won't need to apply for anything until I actually apply for my PR. Thanks so much!
So inadmissibility to the US will never have an affect on PR refusals? No matter the reason you were found inamissable for?
I do not have any criminal record whatsover nor have I ever been in contact with the police. The only record of me using controlled substances, is the file the US customs have. I assume Canadian authorities will be granted access to these files when applying for a PR? Do you know how these files be interpreted by the Canadian government? And if the fact that is a controlled substances case will be weight heavier?
I currently have an eTA valid until 2023, so I won't need to apply for anything until I actually apply for my PR. Thanks so much!
If it's not a conviction, it doesn't render you inadmissible. (though if you had been caught not declaring the item at the Canadian border and it was like a gun or something, you'd be inadmissible.)
Despite some opinions, Canada isn't the 51st US state. Being inadmissible to the US doesn't automatically render a person inadmissible to Canada.
Your issue is the failure to declare, not the US inadmissibility.
Thank you! That is very reassuring to hear. Moving forward, I will make sure to declare my inadmissibility and the reason I have not declared it in the passed.
Appreciate the answers!
Thank you! That is reassuring to hear. I will definitely make sure to declare my inadmissibility and the reason I have not declared it in the passed.
Appreciate the answers!
Hello everyone!
I posted here October of the last year about my situation but now I am here again to ask help, I am getting very sick and depressive because of that all situation and to wait 5 years is destroying my emotional life.
I am in my country (Brazil) and I was applying for student visa, my visa was refused and I also got five years inadmissibility to Canada due to misrepresentation because my bank statement is not genuine, my dad was my sponsor financial during my application and I didn’t have knowledge that the document he submitted was fraudulent. I have a Canadian boyfriend and we can’t find a solution to live together our plan was t get married before I got banned and I really don’t have any motivation to try moving to another country.
My question is:
1- Is still possible to hire an immigration lawyer to change and solve all my situation and explain to the officer was my dad’s fault that fraudulent document? Or Nothing can change my situation?
2- if anyone knows a good lawyer please provide me the contact.
Thank you so much, guys!
I posted here October of the last year about my situation but now I am here again to ask help, I am getting very sick and depressive because of that all situation and to wait 5 years is destroying my emotional life.
I am in my country (Brazil) and I was applying for student visa, my visa was refused and I also got five years inadmissibility to Canada due to misrepresentation because my bank statement is not genuine, my dad was my sponsor financial during my application and I didn’t have knowledge that the document he submitted was fraudulent. I have a Canadian boyfriend and we can’t find a solution to live together our plan was t get married before I got banned and I really don’t have any motivation to try moving to another country.
My question is:
1- Is still possible to hire an immigration lawyer to change and solve all my situation and explain to the officer was my dad’s fault that fraudulent document? Or Nothing can change my situation?
2- if anyone knows a good lawyer please provide me the contact.
Thank you so much, guys!