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Please HELP!!!!!!

VioletBlue

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Aug 30, 2013
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2 guys from Canada Border Service Agency were just here......they asked me questions...why I overstayed etc...They just left and I will have a phone interview in 2 weeks....has anyone had this before??? I am out of status(overstayed )....am married and have one daughter9pregnant w our 2nd)...

This was my WORST nightmare......I don't know what to do! Will they separate me from my family!?!??bn

do they Always deport people who overstayed and are out of status????
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No - they don't always deport people who are out of status. But the fact that CBSA has visited you is not good news.

What's the status of your sponsorship application? Has it been submitted? If so - when? Did you apply inland?
 

VioletBlue

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Aug 30, 2013
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not yet...I was gathering all the necessary documents so I can have a strong application and then send it...because I KNow I cant live like this forever....but they got here before I could submit it....I was scared too that they would send me home if I send it and they find out where I am....interview isnt in over 2 weeks...do you think I should just mail it in w all the documents I have before then?


I don't know what this phone interview will be like?
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I don't know what you should expect from the phone interview. However I think it's reasonable to expect that you're going to be given a departure order.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
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Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
The most obvious course of action here seems to be to submit the inland app with OWP app as soon as you possibly can (definitely before the interview), so you would immediately be legal in Canada under implied visitor status. Unless i'm missing something with how implied status works.
 

VioletBlue

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Aug 30, 2013
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Ok....I was just reading another post...where they let a person stay until the decision was made...so even if I don't have All documents etc? I can submit it an then send in those remaining documents afterwards??

It sucks that its over the phone...I'd rather them see me and my family in person...so we aren't just some file number on the paper
 

Ponga

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Oct 22, 2013
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First of all, I sincerely hope that this works out for you and your family...which is first and foremost.

Personally, i don't know that rushing to Canada Post and sending whatever you have ready to submit is your best option, but it is an option.

Did you tell them that you are putting together your application (which if it is an Inland application, may be helpful for you as it usually allows an out of status person to remain in Canada...as I'm sure you are already aware)? If so, did they write that down anywhere? Perhaps they know that you're close to submitting your application and will not be aggressive in pursuing whatever action they had planned...knowing that you're trying to do the right thing. I hope so.

The fact that you have a phone interview, and not an in-person interview sounds positive, since they can't suck you through the phone and spit you out across the border. ;)

The public policy that is in place for out of status applicants that apply Inland indicates that CBSA will USUALLY honour this policy, unless you have other reasons for removal. At the very least, you need to really pick up the pace on getting your application together.

I'm sure that everyone else here is hoping for a very positive outcome for you.

Good luck!
 

Ponga

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Oct 22, 2013
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The problem with submitting an incomplete package, is that you have a good chance of having everything returned to you before CIC does anything at all.

The way that I understand it is...Someone at CIC will open up your package and do a quick `once over' to make sure you have provided all of the required documents, forms, etc.. Then they issue you AOR (Acknowledgement of Receipt), typically with 30 days of when they actually received your application, and place your file in the queue (big pile of other applications). If your package is returned without you having AOR, it may not have much weight with CBSA.

Is it feasible for you to have a complete application package in the mail before your interview??

At the very least, can you pay the fees (or at least what's required from the start [$75+$475]) and have your receipt as proof to show/tell CBSA??? That might be enough to convince them that you are submitting an application.
 

VioletBlue

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Aug 30, 2013
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Thank you for your encouraging words :)

yes....They asked me if I submitted it and I told them I was gathering all the documents and was gonna be sending it in soon....they did write notes of everything I said...they asked why I didnt want to go back home ....I said because my husband was a different race and my family is muslim nd They didn't really approve....they wrote that down too...they asked how old my daughter is(20 mths)...how far along I am(6mths) etc...

so I don't know....I sent an e-mail to a family friend who works for immigration lawyer to ask for any advice from her...so waiting to hear what she will say
 

Mrembo

Hero Member
Apr 17, 2012
328
7
Manitoba
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
Nov 16th 2012
Doc's Request.
Jan 9th 2012
AOR Received.
Jan 9th 2012
Med's Request
Not yet
Med's Done....
2010
Interview........
Not yet
Passport Req..
Not yet
VISA ISSUED...
Not yet
LANDED..........
Can't wait
VioletBlue said:
not yet...I was gathering all the necessary documents so I can have a strong application and then send it...because I KNow I cant live like this forever....but they got here before I could submit it....I was scared too that they would send me home if I send it and they find out where I am....interview isnt in over 2 weeks...do you think I should just mail it in w all the documents I have before then?


I don't know what this phone interview will be like?
Actually,they are required to give you an opportunity to submit an inland sponsorship application if you so wish,they will wait until you have the first decision made,if you are approved then you get implied status!!!
Since you are married to a Canadian and have children together it's not just black and white!!
NB:Am speaking from experience!!!
If they were going to ask you to leave they would have asked you to go to their offices!!!
Wishing you all the best
 

VioletBlue

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Aug 30, 2013
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Yes...I do have a lot...just not medical as I'm pregnant and cant do x-ray portion...I have letters from family and friends ...they took my passport and birth certificate tho....so cant submit that...


Ponga said:
The problem with submitting an incomplete package, is that you have a good chance of having everything returned to you before CIC does anything at all.

The way that I understand it is...Someone at CIC will open up your package and do a quick `once over' to make sure you have provided all of the required documents, forms, etc.. Then they issue you AOR (Acknowledgement of Receipt), typically with 30 days of when they actually received your application, and place your file in the queue (big pile of other applications). If your package is returned without you having AOR, it may not have much weight with CBSA.

Is it feasible for you to have a complete application package in the mail before your interview??

At the very least, can you pay the fees (or at least what's required from the start [$75+$475]) and have your receipt as proof to show/tell CBSA??? That might be enough to convince them that you are submitting an application.
 

screech339

VIP Member
Apr 2, 2013
7,876
546
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
VioletBlue said:
Yes...I do have a lot...just not medical as I'm pregnant and cant do x-ray portion...I have letters from family and friends ...they took my passport and birth certificate tho....so cant submit that...
Since they got your passport and birth certificate, you will have to go to the office at some point to pick it up, unless they can mail it back to you.

Screech339
 

VioletBlue

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Aug 30, 2013
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Thank you...your post made me cry....I never did anything against the law or ilegal, never hurt anyone.....was never in trouble for anything until overstaying my visa...so this is so scary...I told them I tried to restore it by applying for the Live Out visa years ago....and I made mistake because I didnt know I could have just applied for visitors visa...but by the time they made a decision 90 days to restore status was up so I was out of status....They asked if they set up an interview...will I show up> I said "Yes"....if they call will I answer the phone - "yes"....then they said...we obviously wont take you with us....and if you show up and comply with everything then I'll still be in control of what happens...whatever that means....

I was never gonna run from them....that would be crazy....
I just want a chance to live here with my family....




Mrembo said:
Actually,they are required to give you an opportunity to submit an inland sponsorship application if you so wish,they will wait until you have the first decision made,if you are approved then you get implied status!!!
Since you are married to a Canadian and have children together it's not just black and white!!
NB:Am speaking from experience!!!
If they were going to ask you to leave they would have asked you to go to their offices!!!
Wishing you all the best
 

Ponga

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Oct 22, 2013
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It sounds like they are giving you a chance to get your application in...so...GET TO WORK!!!! ;D

See this as an opportunity, of sorts, because it is now forcing you to move forward (much faster than you had planned, I know) but moving forward is ALWAYS a good thing.
 

Ponga

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Oct 22, 2013
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Mrembo said:
Actually,they are required to give you an opportunity to submit an inland sponsorship application if you so wish,they will wait until you have the first decision made,if you are approved then you get implied status!!!
I had no idea that CBSA was required to give anyone that's out of status the opportunity to submit an inland sponsorship application. Are you certain that this is a requirement and not just a courtesy for people that appear to have no other inadmissibility issues?!?!