need help

[ruby2010]

Hi,
My spouse applied for my immigration visa to Canada. We got married in USA in 2009.I am in USA and my hubby is in Canada.I came here in USA and applied in 6 months for my US immigration through my sister.So My visa was only for 6 months.I have submitted all my documents ,My FBI reports,Police clearance,Police clearance from Delhi and my medical.I have no one in Delhi and they requested my passport.I sent them.Now they are calling me for interview but am unable to leave as if I leave USA I may not be allowed to enter till the decision is taken.I am not sure if Canadian embassy will give me visa.My passport is in now with them they refuse to send saying they cannot mail to USA.what should I do?I had sent them by prepaid FedEx.No one can collect in India on my behalf as all my family are in US and Canada.I sent them mail saying my problem.They refuse to answer.What should I do.My interview is for July 5 and my passport is in Delhi embassy.Please help or suggest what I should do?

 

[kolibri]

the only thing comes to my mind - hire a lawyer and give him power of attorney to represent you....

 

[canadianwoman]

the only thing comes to my mind - hire a lawyer and give him power of attorney to represent you....

Yes, I agree. Get a lawyer in India, give him power of attorney, he can get your passport back and send it to you, and then you can go to India for the interview. If you don't go to the interview, I really don't think they are going to give you the visa.

 

[iarblue]

I am pretty sure if you take all documents with you and explain your passport is at the visa office,and they are requesting you come for an interview they will let you fly,just bring your passport number licence and any other form of picture id you have.
Bring the letter for the passport request and the letter for the interview to show that it is in the visa office.

 

[PMM]

Hi

I am pretty sure if you take all documents with you and explain your passport is at the visa office,and they are requesting you come for an interview they will let you fly,just bring your passport number licence and any other form of picture id you have.
Bring the letter for the passport request and the letter for the interview to show that it is in the visa office.

Not a chance. The OP is going to have to find someone to collect the passport from Delhi and return it to her in the US> As you should know it is illegal to send passports in/out of India by mail or courier.
Do you really think that any airline in the world would allow the OP to fly to India without a passport?

 

[RobsLuv]

I think you should immediately contact the Indian Embassy in the US, explain the situation and see if they can get you a travel document so that you can go back to India for the interview. You have to attend the interview - if you don't, your PR application will be refused. As far as getting back into the States after you leave, I'd say there's no guarantee. You might well have to wait until the decision is taken, as you say. Seems it's not too convenient to apply for both US and Canadian permanent status at the same time. You may have to make a decision as to which country you'd rather be permanent in.

 

[ruby2010]

well first time they called me for interview in may 5 2010 and now in july 5 2010 .There is no way I can get back my passport in just 2 weeks and beside what guarantee is there that they would approve me for PR after the interview .If they don't I will not be able to come back to US as my situation is different.I have applied for my green card and since last 10 years am waiting.My legal status here is in mess as I did not extend my visa after applying for my gc.I waited 10 yrs so now I don't want to loose my green card .I have requested the visa officer to take my interview anywhere in USA considering my situation.I have submitted all my USA immigration correspondence.Now what should I do please advice.

 

[canadianwoman]

If the US green card is more important than the Canadian PR, then I'd suggest contacting the Delhi office and postponing your interview, explaining why and offering proof. If you just don't show up for the interview, your PR application will be denied.

 

[ruby2010]

Thanks again.I did request them and asked them to schedule me for interview anywhere in US.But they did not respond.I had given all the reason but they did not respond to my answer and scheduled me for another interview in July 5 2010.So what can be the best options?
Thanks
Ruby

 

[canadianwoman]

Thanks again.I did request them and asked them to schedule me for interview anywhere in US.

I am pretty sure they will not agree to interview you in the USA. One problem is that one of the things the visa officer is trying to determine is whether the sponsored person actually intends to live in Canada with the sponsor. So saying you can't come to the interview because you're waiting for your US green card is not going to help matters.

But they did not respond.

It often takes them a long time to respond to emails or letters.

I had given all the reason but they did not respond to my answer and scheduled me for another interview in July 5 2010.So what can be the best options?

I think you have to make sure they get your notification that you can't come to the interview before the interview is scheduled. My husband's interview notification letter told him that if he missed the interview without notice and did not contact them within 60 days of the missed interview, they would refuse the visa.
In my opinion your only option is to hire a lawyer in Delhi. I can see why you don't want to go to the interview because of the green card issue. The lawyer, though, can make sure the visa office knows you can't come and can maybe get the interview rescheduled for much later in the year.
When are you expecting to get the green card?

 

[ruby2010]

Thanks so much.I have my sister and my mom and my niece who are all working for the gov in Canada t.I have been here in US for 10 years and am not sure when I will get my green cardThough I know for sure I will get it some time..But if I go to India and Canadian immigration fails to give me green card I will not be able to get visa to USA till my visa number becomes current.I have sent fax,letter to Canadian embassy in new Delhi.They never told me reason or acknowledged my letter or replied but scheduled me for another interview.Whom should I contact cause I feel the officer who is handling my case would be really dumb or does not understand simple language.Can you tell me is there any higher authority who can deal with my case within the embassy. My husband is a Canadian by birth and I am an Indian here in USA since last 10 yrs.

started processing my case in may 18/2010 new Delhi

first interview June 5

second interview July 5


Passport still in New Delhi.

 

[heatherusa]

Passport still in New Delhi.

How did your passport get to ND without you if it is illegal to mail a passport in/out of India? (just curious)

 

[ruby2010]

They requested for my passport and I mailed them through Prepaid fed ex asking the Canadian embassy to return to my spouse in Canada.How could they ask for my passport when they knew I was in USA.

 

[heatherusa]

They requested for my passport and I mailed them through Prepaid fed ex asking the Canadian embassy to return to my spouse in Canada.How could they ask for my passport when they knew I was in USA.

I think that in an outland application (and I may be wrong about this) but the burden of being in the country that your visa is being processed is on you. If you have been in the USA for almost 10 year, couldnt you have applied through the Buffalo office?

 

[ruby2010]

I had my visa here for 6 months and during that I applied for my green card.So after that I did not extend my visa for US.I was clear to Canadian immigration department and since they require I have to have visa for 1 year at least they forwarded to my home country.I requested them to have my interview in any city in US.There is no way I can fly or get my passport in 15 days.do you think they can extend my interview this time.