spousal sponsorship

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Riley Haas

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Re: spousal sponsorship
« Reply #30 on: July 22, 2015, 08:49:16 AM »
No, I missed it, sorry.

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Riley Haas

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Re: spousal sponsorship
« Reply #31 on: July 22, 2015, 09:06:34 AM »
Let me try to answer it now:
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so then an immigration officer has the final say/word if under the spousal sponsorship assuming that someone has passed the criminal rehabilitation if the sponsored spouse gets permanent residency then?
That's exactly right. Nobody else has a say. "Overseas" applications can be appealed. Inland cannot. But appeals take forever and are not something you would want to pursue.

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what might make an immigration officer deny the application assuming its at her/his discretion? 
Lots of things. As you noted by sharing that study. That study is way better for answering your question than anything I might guess.

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do they have to give or offer an explanation if the application does get denied to the applicants?????
 
They give an explanation. Sometimes it's not satisfactory. In that case you can get the officer's notes to find out more. There are a couple of different applications for this, depending on when the application was submitted.

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let me give this scenario.  lets say that someone who has the aggravated felony under u.s. immigration law got deported and then like 10 years or so later was being sponsored by someone in canada.  the couple has known each other for at least 2 years if not longer like 4 years going on its 5th year before they got married.  the marriage takes place with the grooms family being in attendance.  immigration now comes into the picture.  the interview takes place.  for some or whatever reason the application gets denied and no explanation is given as to why!  all we know is that the immigation officer has decided to deny it!  they knew each other for roughly 5 years and their application was denied!  all that work for nothing!!!!!!  does this now make sense where im coming from?????????  rsvp.
This is the way it is. If this happens, you can appeal (in some cases). Otherwise, a denial is a denial. The problem with hypothetical scenarios is that they're hypothetical. These applications are judged on a case-by-case basis.

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Richard Williams

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Re: spousal sponsorship
« Reply #32 on: July 22, 2015, 05:31:08 PM »
what do you mean that appeals take forever and what are the percentage that they are won?????  so then the couple is gambling here then?  but how can one not take such a dangerous gamble and come close to being certain that permanent residency will be granted rather than gambling under the spousal sponsorship program?  do you think that its the same for immigrating to australia?  rsvp.

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Richard Williams

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Re: spousal sponsorship
« Reply #33 on: July 22, 2015, 10:32:02 PM »
i had a draft but dont know where to find it assuming it didnt get erased, where might it be?????  rsvp.

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Riley Haas

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Re: spousal sponsorship
« Reply #34 on: July 23, 2015, 10:42:16 AM »
I don't see the draft on your profile, so I assume it was erased, unfortunately. If you go to your profile and hover over "Profile Info" you will see "Show Drafts" in the menu.

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what do you mean that appeals take forever and what are the percentage that they are won?????
They take forever. They are not a priority. I don't know how long they take, but from memory I think the last one we did took a year or more. We have had success with ours, but we rarely have to appeal, because we only submit applications we believe in. I don't know about other lawyers and consultants. I have no idea what the overall rate of success is. It might be publicly available, not sure. Given your situation, I will leave it up to you to google it.

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so then the couple is gambling here then?  but how can one not take such a dangerous gamble and come close to being certain that permanent residency will be granted rather than gambling under the spousal sponsorship program?
Well from my understanding, you would certainly be gambling. I can't say that for actual couples. People with legitimate claims don't usually get denied. We very rarely get rejections and usually win the appeals when they are rejected, but that's because we submit legitimate applications. We do refuse to submit sponsorship applications when we think the relationship isn't legit.

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do you think that its the same for immigrating to australia?
I honestly have no idea.

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Richard Williams

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Re: spousal sponsorship
« Reply #35 on: July 23, 2015, 06:13:23 PM »
since my draft got erased because my session probably timed out, can i call you on this one????  i could send you a LONG message but dont know which is better????  rsvp.

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Riley Haas

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Re: spousal sponsorship
« Reply #36 on: July 24, 2015, 09:16:38 AM »
Hi Richard,
We charge for phone calls and its not me you'd want to speak to. Our consultants charge CAD$84.75 for about 20-30 minutes.

Riley

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Richard Williams

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Re: spousal sponsorship
« Reply #37 on: July 26, 2015, 01:20:23 AM »
there something that i need to tell you.  i have this really weird hunch about my case in particular.  im not a psychic or anything or wise to the point where i can say something with absolute certainty.  i think that i could immigrate without so much complication to australia rather than to canada.  ill tell you why.  on the canadian government website it mentions criminal inadmissibility and on the australian one it really doesnt.  i can only suspect that even if i waited 10 years that my application could get denied simply because an immigration officer would look and start to get suspicious when they come to the conclusion that im getting married to a canadian citizen after having priors from the u.s. and the fact that i got deported for a crime that had to do with drugs.  im not telling you that its also impossible but without having an insider like a friend who would happen to be an immigration officer i can only suspect that my application would simply get denied and that i would never be able to immigrate to canada legally!  australia on the other hand looks like a more prospective outcome because on their website it really doesnt mention anything about criminal inadmissibility and marriage fraud and if it does i cannot see or find it on the australian government official website.  when i was detained by immigration authorities in the u.s. someone else from EL SALVADOR told me that he taught that my chances were somewhat much better to australia than to canada and that to canada the chances seem to dwindle, does this make sense?????  tell me if you think that all of this objectively makes some sense, you know what i mean???  rsvp.

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Riley Haas

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Re: spousal sponsorship
« Reply #38 on: July 27, 2015, 09:36:26 AM »
My understanding of your situation is that you do not have "a case" because you are not married to anyone, either Canadian or Australian. These programs don't exist so that you can immigrate to Canada or Australia. They exist so that people who are in genuine relationships can bring their spouses (and their spouse's dependent children) to live with them.

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Richard Williams

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Re: spousal sponsorship
« Reply #39 on: July 27, 2015, 10:34:13 PM »
well, im trying to give you feedback on what i think an immigration officer would do at his/her discretion.  ive never said that im an expert at anything, therefore i wouldnt be asking.  ok but even if someone were to be in a genuine relationship, what im trying to understand is how an immigration officer uses his/her discretion to determine if someone under the spousal sponsorship will be granted permanent residency or not?  do you think that all immigration officers will be fair and just or does it depend on the individual at hand???????  i guess what i really want to know is this, how can a married couple with one of the spouses having a case exactly like mine know or determine on their own if permanent residency will even be granted or not????  let me ask you this so we can get right to the point, other than immigration lawyers, what expert in this case in particular should i consult with who can tell me what the immigration officer will decide in a case where one spouse has been deported from the united states as a legal permanent resident for an aggravated felony if whether or not he or she will obtain permanent residency to canada or not?  does such an expert even exist or not other than immigration lawyers???????????  rsvp.

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Riley Haas

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Re: spousal sponsorship
« Reply #40 on: July 28, 2015, 09:48:18 AM »
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ok but even if someone were to be in a genuine relationship, what im trying to understand is how an immigration officer uses his/her discretion to determine if someone under the spousal sponsorship will be granted permanent residency or not?
The best answer to that is in that study you found and posted.

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do you think that all immigration officers will be fair and just or does it depend on the individual at hand?
I think it's part of their job description to be "fair." I mean, you never know, but these people are operating in a highly regulated environment.

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i guess what i really want to know is this, how can a married couple with one of the spouses having a case exactly like mine know or determine on their own if permanent residency will even be granted or not?
There's only one way to answer this question. And that's if you were married to a Canadian and they sponsored you. Decisions are made on a case-by-case basis and that won't change no matter how many times you ask.

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other than immigration lawyers, what expert in this case in particular should i consult with who can tell me what the immigration officer will decide in a case where one spouse has been deported from the united states as a legal permanent resident for an aggravated felony if whether or not he or she will obtain permanent residency to canada or not?
Nobody can give you an exact answer. They can give your their best guess, based on their experience. (For example, we have been doing sponsorships for over a decade, so our consultants have a pretty good idea of what will work and what won't.) Anyone who claims they can tell you exactly what is going to happen is lying to you. Nobody other than lawyers and consultants are allowed to give paid advice. There may be non-profits out there who can give free advice, but their advice would also be recommendations, not promises. Nobody can know, for sure, what the officer will decide. They can just make educated guesses.

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Richard Williams

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Re: spousal sponsorship
« Reply #41 on: July 28, 2015, 05:23:51 PM »
then lets just say for the sake of argument that i had a friend who happened to be an immigration officer, would they tell me before paperwork was ever even submitted or not?  what is the percentage of spousal sponsorships that get denied vs. ones that do get approved?  so then what youre saying that its simply a matter of trial and error then in your opinion???????????????  rsvp.

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Riley Haas

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Re: spousal sponsorship
« Reply #42 on: July 29, 2015, 08:55:56 AM »
It's not exactly trial and error. There are clear guidelines and consultants and lawyers know them better than anyone else because they have submitted many applications rather than just one.

I have no idea whether or not your hypothetical friend would hypothetically tell you about your hypothetical application.

I don't know the percentages. StatsCan might. Our rate of success is close to 100% (I don't know the exact figure) and if you take into account appeals, it's very nearly 100%. But that's because we don't take on all applications. Yours, for example, we would decline to submit, knowing what we know now. (Actually, we wouldn't have a choice there. Our consultants would not be allowed to submit your application knowing what we know, in order to comply with the licensing body.)

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Richard Williams

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Re: spousal sponsorship
« Reply #43 on: July 29, 2015, 09:16:02 PM »
well if it isnt trial and error, what are you saying then???????  that its a calculated risk then?????????????  if i didnt have the criminal record from the u.s. do you think that my chances would be better than in your opinion??????  what if i had never lived in the u.s. and also not have that criminal record from the u.s. as well????  if its not a matter of trial and error then what are you saying then????  if lets say a couple got married and the husband sponsored his wife from korea lets say and their application was denied for whatever reason, then what are they to do with their marriage then if she cannot come to canada to join her husband then?  will the marriage be in vain then?????  rsvp.

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Riley Haas

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Re: spousal sponsorship
« Reply #44 on: July 30, 2015, 09:01:07 AM »
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well if it isnt trial and error, what are you saying then???????  that its a calculated risk then?
"Trial and error" would imply that nobody knows anything - that we just submit applications and then, when they're rejected, we submit again. That is not how this works. If your application is rejected you may appeal (in certain circumstances) but that's it. There's no trying again.
There's no "calculated risk" aspect either, for people in genuine relationships.

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if i didnt have the criminal record from the u.s. do you think that my chances would be better than in your opinion?
The issue is whether or not the relationship - a hypothetical one in your "case" - is genuine. Your criminal record would have to be addressed first, as I said before. It's a separate application. Someone without a criminal record would have a better chance, sure, as they wouldn't have to address that. Because, first, you have to deal with the criminal rehabilitation application, that, for someone who was in an actual, genuine relationship with a Canadian, that would be more of a hurdle than the sponsorship.

I really don't know how I can help you. You keep asking the variations of the same question and I give you variations of the same answer. It's all moot anyway, since you don't have a Canadian spouse.

 

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