Overstayed a visitors visa by 10 years, received a deportation letter and currently in Canada

[rish888]

The lawyer is getting paid in advance, in case they loose or get deported in the mean time.

The fact that the lawyer is asking for all his fees upfront should have sent a signal to the OP's friends on their likelihood of success.

 

[rish888]

but there criminal record is clean

Canada has a fantastic deal right now. Hurry now before it ends!

They can stay in the country for 5 years. (Guarenteed.)

On top of that they can get free housing (utilities are covered), food, medical, and clothing courtesy of the state. It even comes with work rights, free academic and vocational education, and round the clock armed security with a 30-second response time.

The application process?

Have them turn themselves in for tax evasion.

 

[vensak]

There is another thing. Their application can even harm people they know. Why? Would they be officially mentioned there and especially used as an example of ties in Canada, somebody can come and question them, why did not seek police or immigration if they knew that somebody was overstaying that way. Same thing with the illegal work. Whoever was offering them work, might be question for fraud.
So hands away from such case.
When it comes to lawyer, he has a bit special status in the whole matter. But even he would have to do some formal steps.
Best advice for your friend is to return to the home country and not to spend 10k for nothing.

 

[Miraclejj]

There is another thing. Their application can even harm people they know. Why? Would they be officially mentioned there and especially used as an example of ties in Canada, somebody can come and question them, why did not seek police or immigration if they knew that somebody was overstaying that way. Same thing with the illegal work. Whoever was offering them work, might be question for fraud.
So hands away from such case.
When it comes to lawyer, he has a bit special status in the whole matter. But even he would have to do some formal steps.
Best advice for your friend is to return to the home country and not to spend 10k for nothing.

Last time I checked that Canada isn't a police state yet. Unless there is a law that barring people to harbor illegal in Canada, nobody should be worried about to be mentioned in this case as part of the evidences to demonstrate their ties to Canada.
I do agree the illegal hiring part.

 

[vensak]

• Under section 22 of the Criminal Code of Canada, if an individual has an awareness of a crime because they have witnessed the crime or have been told that the crime has occurred, and by not reporting this crime to the police service or other relevant agency, this individual is in some way aiding or abetting the crime to take place, they may be charged with counselling an offence.

• Conviction of an offence under s.22 would result in a criminal record.

• It is quite rare for someone to be charged under s.22.

Read more: http://www.torontodefencelawyers.com/blog/general-category/crime-report-crime-canada/#ixzz548LIZlyx

In this case we are talking about immigration fraud and about tax evasion. Both are criminal offences.
Know your own laws better

 

[Buletruck]

Unless there is a law that barring people to harbor illegal in Canada

Aiding and abetting. It’s a crime if you know someone committed a crime and don’t report it. Doubt that it gets used in any but the most serious crimes.....or to make a point.

 

[Miraclejj]

Aiding and abetting. It’s a crime if you know someone committed a crime and don’t report it. Doubt that it gets used in any but the most serious crimes.....or to make a point.

Well, I am not familiar with Canada Crime Law, I mean usually overstay your visa or cross a boarder without inspection is a civil offense, at least in US is a civil offense. Civil offense is not a crime, and cannot be treated as such. As I said if Canada has a specific law that barring people to harbor illegal immigrants, there should be no one needs to be worried about.

 

[scylla]

Well, I am not familiar with Canada Crime Law, I mean usually overstay your visa or cross a boarder without inspection is a civil offense, at least in US is a civil offense. Civil offense is not a crime, and cannot be treated as such.

Illegal entry (e.g. entering without inspection) is most definitely a federal offence in the US - it's classified as a misdemeanor. This can increase to a felony if there are multiple violations involved (e.g. unlawful re-entry after a deportation). Both federal law and civil law penalties can be applied to cases of illegal entry.

Unlawful presence / overstay is not a federal offence in the US.

 

[Buletruck]

I am not familiar with Canada Crime Law,

FYI

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-21.html

 

[vensak]

Aiding and abetting. It’s a crime if you know someone committed a crime and don’t report it. Doubt that it gets used in any but the most serious crimes.....or to make a point.

In this case more than that happened. They had rejected refugee claim and they have ignored deportation order. Ignored deportation will turn into nation wide arrest warrant and once you have that you are seen as fugitive criminal and hence section 22 can kick in.

 

[derin1010]

Canada has a fantastic deal right now. Hurry now before it ends!

They can stay in the country for 5 years. (Guarenteed.)

On top of that they can get free housing (utilities are covered), food, medical, and clothing courtesy of the state. It even comes with work rights, free academic and vocational education, and round the clock armed security with a 30-second response time.

The application process?

Have them turn themselves in for tax evasion.

lets be mindful of how we joke about sensitive matters on this forum. this is people lives we talking here. people come on this forum to seek advice on the matter that affects their life. lets be respectful please.

 

[Buletruck]

In this case more than that happened

Agreed. It was meant as an example to the poster who question what law was being broken by not reporting them.