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irajdeepks

Newbie
Jan 10, 2019
6
0
Hello, can anyone answer my question
Cbsa issued removal order against my sister then she applied for H&C . Unfortunately, that case get refused . Now she got interview.
I want to know what is going to happen on interview?
Are they going to send her back to home country or they will provide some time?
 

Bornlucky

Hero Member
May 15, 2018
610
467
Hello, can anyone answer my question
Cbsa issued removal order against my sister then she applied for H&C . Unfortunately, that case get refused . Now she got interview.
I want to know what is going to happen on interview?
Are they going to send her back to home country or they will provide some time?
If your sister has already been issued with a removal order then the interview is going to be about her departing Canada and she may be issued an opportunity to apply for a Pre-Removal Risk Assessment (PRRA). During the interview they will be assessing her continued compliance with any terms and conditions that may exist or that she may become subject to - like reporting in or getting a travel document. It isn't likely that she'll be arrested but one never knows.

PRRA doesn't buy much time and if you don't face any real, objective risk in your home country then they'll knock it off quickly to get the statistic and satisfy the requirement and she will be again right on the threshold for being removed. You can spend all sorts of cash fighting removal, asking for Stays of removal, for example but you have to have very deep pockets for the cash you'll be spending and at the end of the day, you also have to have a reasonable argument for it to be worth anything at all.

I don't know where she's from or what your story is, but people have been trying to wiggle in this way and that when all of the real options have been finally exhausted, and having a refused inland H&C and an existing removal order is really a cue that the final song is being played and it may be time to go home. Pour out the cash and put in the effort if it is life and death, but if it isn't life and death, you are simply further eroding any credibility that she may have remaining should she ever decide to again try and come to Canada.
 
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irajdeepks

Newbie
Jan 10, 2019
6
0
If your sister has already been issued with a removal order then the interview is going to be about her departing Canada and she may be issued an opportunity to apply for a Pre-Removal Risk Assessment (PRRA). During the interview they will be assessing her continued compliance with any terms and conditions that may exist or that she may become subject to - like reporting in or getting a travel document. It isn't likely that she'll be arrested but one never knows.

PRRA doesn't buy much time and if you don't face any real, objective risk in your home country then they'll knock it off quickly to get the statistic and satisfy the requirement and she will be again right on the threshold for being removed. You can spend all sorts of cash fighting removal, asking for Stays of removal, for example but you have to have very deep pockets for the cash you'll be spending and at the end of the day, you also have to have a reasonable argument for it to be worth anything at all.

I don't know where she's from or what your story is, but people have been trying to wiggle in this way and that when all of the real options have been finally exhausted, and having a refused inland H&C and an existing removal order is really a cue that the final song is being played and it may be time to go home. Pour out the cash and put in the effort if it is life and death, but if it isn't life and death, you are simply further eroding any credibility that she may have remaining should she ever decide to again try and come to Canada.
CBSA will issue a departure order most likely. She should leave Canada within 30 days or it will become a deportation order a remove her.
within that 30 days she have to go back to her home country or can go to USA bcoz she has usa tourist visa
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
She has to go back to her home country or any other country sha can go
She can try to enter any other country but she maybe denied entry due to her refugee claim and the H&C application. Most likely she will be sent back to her home country.

Do note that any future travels to Canada and any countries maybe difficult due to her immigration history.
 

irajdeepks

Newbie
Jan 10, 2019
6
0
She can try to enter any other country but she maybe denied entry due to her refugee claim and the H&C application. Most likely she will be sent back to her home country.

Do note that any future travels to Canada and any countries maybe difficult due to her immigration history.
If my sister has to leave country nd wil go to home country then can she come to usa from home country. The tourist visa of usa is issued from canafa
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
If my sister has to leave country nd wil go to home country then can she come to usa from home country. The tourist visa of usa is issued from canafa
Canada and US share information. US TSA officers can look up her immigration history and once they see that she has a failed H&C application, they will deny her entry into US due to the proven fact that she will overstay her visit in US like she did in Canada.
 

Bornlucky

Hero Member
May 15, 2018
610
467
within that 30 days she have to go back to her home country or can go to USA bcoz she has usa tourist visa
My experiences with this sort of thing are dated, however I recall that someone who is subject to a removal order has that order lawfully executed when they leave Canada and gain lawful entry to another country - so you may be correct, but she needs to confirm her departure with the CBSA on her way out of the country (they then record her compliance with the removal order). Depending upon the port of exit/entry that she uses it could be that the Americans become quickly aware of the situation and that will be that for your plan. They won't let her execute the removal order from Canada to enter the USA as a tourist.

The thing with all of this is, what are you trying to achieve? If the idea is to have her in Canada, that's not likely to be lawfully achieved at this point so do you want to enter a world where your sister becomes the subject of a warrant for her arrest? If you want her to be able to be in the States temporarily, I suppose that you might achieve that, but where are you going from there?

Good luck in all of it, I suppose, but you're trying to dodge something instead of finalizing anything.
 
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irajdeepks

Newbie
Jan 10, 2019
6
0
My experiences with this sort of thing are dated, however I recall that someone who is subject to a removal order has that order lawfully executed when they leave Canada and gain lawful entry to another country - so you may be correct, but she needs to confirm her departure with the CBSA on her way out of the country (they then record her compliance with the removal order). Depending upon the port of exit/entry that she uses it could be that the Americans become quickly aware of the situation and that will be that for your plan. They won't let her execute the removal order from Canada to enter the USA as a tourist.

The thing with all of this is, what are you trying to achieve? If the idea is to have her in Canada, that's not likely to be lawfully achieved at this point so do you want to enter a world where your sister becomes the subject of a warrant for her arrest? If you want her to be able to be in the States temporarily, I suppose that you might achieve that, but where are you going from there?

Good luck in all of it, I suppose, but you're trying to dodge something instead of finalizing anything.
My family is in usa so i want to confirm that whether she can go there or not.Our home country is india
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,121
She has to go back to her home country or any other country sha can go
It is possible that her US B1/B2 visa has been 'Cancelled Without Prejudice' for immigration fraud. This is because she applied for visitor visas to visit both Canada and the US, but she proved that she wanted to immigrate to Canada through any route possible. It will be presumed that she will attempt the same fraud if she enters the US.

As the US and Canada share immigration data, her removal from Canada will show up if she tries to enter the US. She might be denied entry.

Assuming she is able to successfully enter the US, do you believe she can remain long-term/permanently, as a visitor, on a US B1/B2 visa?
 
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