USA REMOVAL ORDER AND CANADA TRV

[ramkote123]

Hi Everyone,

I have a serious immigration question. I would be very helpful if you could please shed some idea on it.

I was removed in absentia from United States in 2011. I had a pending asylum case, but I left the United States before my asylum hearing date, that time I was not in legal status except my asylum case, I had entered in the US in F1 student visa.

I am Nepal national, After returning Nepal I traveled, UK, Australia and Schengen countries many times from my job. I have good travel history of about 16 countries of six continents in last 8 years. I was denied Canada visitor visa in 2015, the reason of denial was, not answering the question truthfully of the form b) have you been removed from Canada or any country? I did not disclose my USA history,I did not know that I would be placed in removal in my absence in court and my lawyer did not show up there.

I was not removed practically, I had bought my own ticket and came back my home country I was placed in deportation when I was not there in Asylum hearing date. this was my cause of deportation. Now I have settled life here, with job, family, good bank balance and a good travel history. Now I have to travel to Canada for a week from my job, Is it possible to get Canada visa now? My USA deportation had occurred in 2011.

I hope to hear your ideas.

 

[2b.or.not.2b]

It is irrelevant whether you were deported in absentia or otherwise a deportation order was processed against you and your excuse that your lawyer didn't turn up will not prove helpful. Who is the lawyer going to represent when the client has gone AWOL.
Refusal in 2015 was the outcome of your misrepresentation and must have resulted in a ban of some sort.
Your history of seeking asylum will be a big red flag and you subsequent travel history may earn you any brownie points. Canada takes any attempt at misrepresentation very seriously.

 

[Bryanna]

I was not removed practically, I had bought my own ticket and came back my home country I was placed in deportation when I was not there in Asylum hearing date. this was my cause of deportation. Now I have settled life here, with job, family, good bank balance and a good travel history. Now I have to travel to Canada for a week from my job, Is it possible to get Canada visa now? My USA deportation had occurred in 2011.

A Notice to Appear (NTA) was sent to you before the Immigration Judge issued the Order of Removal in absentia. You/your lawyer were expected to attend the removal hearing. It is incorrect to think that you left 'voluntarily' because this option was not available to you.

Hi Everyone,

I have a serious immigration question. I would be very helpful if you could please shed some idea on it.

I was removed in absentia from United States in 2011. I had a pending asylum case, but I left the United States before my asylum hearing date, that time I was not in legal status except my asylum case, I had entered in the US in F1 student visa.

I am Nepal national, After returning Nepal I traveled, UK, Australia and Schengen countries many times from my job. I have good travel history of about 16 countries of six continents in last 8 years. I was denied Canada visitor visa in 2015, the reason of denial was, not answering the question truthfully of the form b) have you been removed from Canada or any country? I did not disclose my USA history,I did not know that I would be placed in removal in my absence in court and my lawyer did not show up there.

You must consider yourself incredibly lucky that you were not banned for 5 years for misrepresenting in your 2015 Canada TRV application. You're also lucky that the other visa-required countries you have traveled to are not aware of your US asylum attempt and your US Order of Removal.

You can certainly reapply for a TRV/Business visitor visa. However, the chances of an approval are slim to none because of both, your asylum claim on a F1 visa (it was misrepresentation of your intentions) + your failure to declare the US Order of Removal.

You would want to recheck your previous TRV refusal letter to see whether or not you were banned for misrepresentation prior to reapplying

 

[ramkote123]

The refusal letter didnot say anything about ban or misrepresentation, it simply said " You didnot truthfully answered the question" how do I know If I have ban in Canada? I didnot know that I would get deportation order due to my absence in asylum hearing, I was in urgent to get my home, it was important than anything that time for me.

Best,

 

[Bryanna]

The refusal letter didnot say anything about ban or misrepresentation, it simply said " You didnot truthfully answered the question" how do I know If I have ban in Canada?

1. Did you (or if you had appointed an authorized representative) receive a Procedural Fairness letter prior to the previous TRV refusal?

2. You need to see whether or not the refusal grounds for Section 40(1) have been checked in your TRV refusal letter?

I didnot know that I would get deportation order due to my absence in asylum hearing, I was in urgent to get my home, it was important than anything that time for me.

Your lawyer certainly knew this

 

[2b.or.not.2b]

My friend it is not anyone in this forum whom you have to convince it's the VO and believe me they have heard this a zillion times so you will have to come up with one hell of a LOE. Goodluck.

 

[ramkote123]

Bryanna,

The letter just simply said the question of the form b) have you been removed or deported from any country...? I don't think you answered this question truthfully.. thats all it was written in a new paragraph, there was not other any boxes marked. it has not said anything about ban though. My US deportation had occurred 8 years ago, Can I make stronger case, because my circumstances have changed. Thanks.

 

[Bryanna]

The letter just simply said the question of the form b) have you been removed or deported from any country...? I don't think you answered this question truthfully.. thats all it was written in a new paragraph, there was not other any boxes marked. it has not said anything about ban though.

In that case, you were not banned.

My US deportation had occurred 8 years ago, Can I make stronger case, because my circumstances have changed. Thanks.

You must provide considerable evidence of your strong ties to Nepal (employment, dependent family members, property or land ownership, good financial situation, scan/include visas issued by other visa-required countries in a Travel History explanation).

You need to prove you have a genuine purpose of visit.

More importantly, you must declare your US Order of Removal following on your asylum claim (Canada and the US share immigration information) + your previous Canada TRV refusal

 

[ramkote123]

No. I do not have ban for Canada, but I am worried for future Canada visa.

 

[ramkote123]

Thank you, I will try my best.

 

[bongoman]

Just apply and answer everything honestly and see what happens, not much else to do.