USA deportation and canadian PR visa question

[Kiroraouf]

Hello everyone
I have a question for my younger son
he is married to his canadian wife for three years
They both live in Usa. Couple months ago he was in removal proceedings due to mispresentation and he is facing deportation. His wife is planning to apply PR for him.
my question is since mispresentation is also ground of inadmissiblity with possible criminal charges in Canada, does he need to wait for 5 years and apply for rehabilitation prior to getting his PR and join his wife?
I checked couple of posts here and some people said immigration fraud in another country is not a a ban to immigrate to canada and some other have different opinions
I appreciate in advance for your help

 

[canuck78]

Just to clarity he has criminal charged? What was he charged with?

 

[Kiroraouf]

Just to clarity he has criminal charged? What was he charged with?

He just charged with immigration mispresentation and you know they put people in removal proceedings and eventually deport that person.

 

[scylla]

He just charged with immigration mispresentation and you know they put people in removal proceedings and eventually deport that person.

This will not result in inadmissibility to Canada.

When they apply for PR, he needs to make sure he is 100% honest about his US immigration history.

 

[scylla]

He just charged with immigration mispresentation and you know they put people in removal proceedings and eventually deport that person.

As an FYI, the misrepresentation bit means he will have a lifetime ban from the U.S. once he leaves. Even once he is a Canadian PR and eventually a citizen, returning to the U.S. for any reason will not be an option. Assume he doesn't care. But he should be aware.

 

[Kiroraouf]

As an FYI, the misrepresentation bit means he will have a lifetime ban from the U.S. once he leaves. Even once he is a Canadian PR and eventually a citizen, returning to the U.S. for any reason will not be an option. Assume he doesn't care. But he should be aware.

Yes he just wanna stay with his wife permanently in canada.
i just want to clarify soemthing.
there is another post similar to my son in this forum when i searched and one of members said the person is banned for 5 years due to immigration fraud even if its done outside the canada due to the fact that immigration fraud is crime in canada

again I appreciate your help indeed

 

[scylla]

Yes he just wanna stay with his wife permanently in canada.
i just want to clarify soemthing.
there is another post similar to my son in this forum when i searched and one of members said the person is banned for 5 years due to immigration fraud even if its done outside the canada due to the fact that immigration fraud is crime in canada

again I appreciate your help indeed

Was it someone specifically from the U.S.? What were the details of the case? It's really impossible to comment on that specific case without knowing the details. Misrepresentation normally does not result in inadmissibility unless (1) there is an actual crime involved (e.g. DUI, something worse); (2) the person lies about their immigration history in their application to Canada.

Misrepresentations in the UK can sometimes create admissibility issues. But this is not the case with the U.S.

Again, really impossible to answer your questions without knowing the full details of the case you're referencing. The information is far too vague.

 

[Kiroraouf]

Was it someone specifically from the U.S.? What were the details of the case? It's really impossible to comment on that specific case without knowing the details. Misrepresentation normally does not result in inadmissibility unless (1) there is an actual crime involved (e.g. DUI, something worse); (2) the person lies about their immigration history in their application to Canada.

Misrepresentations in the UK can sometimes create admissibility issues. But this is not the case with the U.S.

Again, really impossible to answer your questions without knowing the full details of the case you're referencing. The information is far too vague.

Your absolutely right. We arw going to hire an canadian lawyer as well
No he didnt commit any DUI etc
He just mispresnted date of birth to get visa earlier. He is so sad because he doesn’t want to leave his canadian wife and his daughter for 5 years

 

[scylla]

Your absolutely right. We arw going to hire an canadian lawyer as well
No he didnt commit any DUI etc
He just mispresnted date of birth to get visa earlier. He is so sad because he doesn’t want to leave his canadian wife and his daughter for 5 years

He has no one to blame but himself. Immigration fraud is a very serious matter and he lied to try to gain an immigration benefit.

Hopefully he has learned his lesson. Again, he needs to make sure he is 100% honest in his Canadian PR application about his U.S. immigration history and all other facts about himself.

It will take a while for his PR application to be processed, most likely at least one year. He won't be able to enter Canada during this time. So it's possible he may have to return to his home country for a period of time before he is able to come to Canada.

 

[Kiroraouf]

He has no one to blame but himself. Immigration fraud is a very serious matter and he lied to try to gain an immigration benefit.

Hopefully he has learned his lesson. Again, he needs to make sure he is 100% honest in his Canadian PR application about his U.S. immigration history and all other facts about himself.

It will take a while for his PR application to be processed, most likely at least one year. He won't be able to enter Canada during this time. So it's possible he may have to return to his home country for a period of time before he is able to come to Canada.

I appreciate all your help