Urgent help needed! American overstay, in process of family class sponsorship

[AmericanHubby]

Hello! I last entered Canada in July 2016 (no visa needed, so implied visitor status) and recently had a status check as a result of a traffic stop. I have now been scheduled for a meeting with a minister's delegate (A56) for next week. My common law partner and I have an immigration attorney we have been working with for immigration, but nothing has been filed yet as we have been gathering all the required documentation, etc. I do not work in Canada and she solely supports me financially. I have a completely clean criminal record. The most trouble I have been in over my life are a couple speeding tickets. We are deeply in love and have been together now for 14 years.

I sought the advice of three lawyers and one immigration consultant and am unfortunately getting different advice/scenarios from each of them and I don't know what to think. Two of them tell me that the officer I will see will have discretion about whether to allow me to stay in Canada and to allow me to regularize my status. Two say the facts are clear that I did overstay and that for sure they will issue a departure order and that I will have to leave Canada (in likely one week notice) and be barred for one year! I cannot fathom being away from my wife for a year. I have made a horrible mistake just prioritizing the paperwork and letting the date slip away from my mind without filing for the extension.

Does anyone know if the officer does have any discretion or 100% for sure they are going to ask me to leave? Secondly, what is the format of these hearings? Is it me and my wife with an officer across the table from us or is it more of a court room type setting with public spectators, etc.

Any help is much appreciated. We are heartbroken and I just don't know what our options are.

Thanks in advance!

 

[scylla]

Yes - there's discretion at the hearing. However this doesn't necessarily mean they will find in your favour. At this point you've overstayed your allowed visit by almost six months and have been in Canada illegally for some time now. It's too late to "regularize" your status from within Canada as a visitor. Your opportunity to do this ended 90 days after your allowed visit ended.

I would do everything humanly possible to submit the PR sponsorship application BEFORE the hearing takes place.

 

[AmericanHubby]

Yes - there's discretion at the hearing. However this doesn't necessarily mean they will find in your favour. At this point you've overstayed your allowed visit by almost six months and have been in Canada illegally for some time now. It's too late to "regularize" your status from within Canada as a visitor. Your opportunity to do this ended 90 days after your allowed visit ended.

I would do everything humanly possible to submit the PR sponsorship application BEFORE the hearing takes place.

Scylla, we were just about ready to get everything to the immigration attorney's office, so we stand a fairly good chance of completion. Unfortunately, my immigration attorney doesn't handle this sort of hearing and was unable to give us any advice in this regard.

What is your position? Are you an attorney or immigration consultant?

 

[scylla]

No - I'm not an attorney or consultant. All of us here on this forum are normal people just like you.

The only advice I can give you is to make sure you get your application in before the hearing. Preferably this week.

 

[AmericanHubby]

I just found out there is a distinction in the type of proceeding I have been scheduled for. It is not an exclusion order hearing, but rather an interview with a minister's delegate. I have some hope that they at least have discretion to just ask me to leave Canada and NOT to bar me for a year. My wife is my life. We cannot face the prospect of being apart.

If anyone else has other comments or information to add, please do so.