Sponsorship Denied/ Appeal coming up

[Dolly1429]

Hello! I have applied to sponsor my husband and it was denied. We have an appeal date set for December 2022. He was deported (assault and drug charges) from the USA about 20 years ago and still isn't able to travel to the USA to this day. Could this prevent us from winning our appeal for him to reside with me in Canada (I am Canadian)? We have been married from 2016. I lived with him in is country for about 2 years and then I returned to Canada in 2018. Due to the pandemic, we could not travel to see him and we haven't been to his county since 2020. We have 3 small children

 

[IMMIgroup]

Few things that come to mind:

1. The charges are old, so I am assuming he changed his life, so this part could be explained. Supporting documents like letters from community leaders is something that should be done.
2. I am assuming the kids are both of yours. It so, this is very good!
3. Why was the sponsorship refused? You need to have the officers notes to get a good idea - It's called GCMS notes.
4. Who is representing you? This is big, if they are good, they should have given you a roadmap going forward.

Give feedback on the above answers and we can dive a little deeper.

 

[Dolly1429]

Good morning. Yes, the kids are ours. We are of the view that it was refused because we did not provide the criminal records from the US. We have an attorney representing us. he thinks we have a chance with the appeal because they allowed the appeal. When we got the ruling on the appeal, we were told to provide the US criminal records within a specific time. The judge also took into consideration that I need assistance with our three children. But on the other hand, I am being told that "This is a very specific situation and complex situation . I always have the option to live in his home country. Knowing he had a criminal record and had spent years in a U.S. prison and the repercussions of being a felon must have come up when dating or before having children. We only lived in the same place from 2016-2018 with me visiting Canada. That I was able to travel and have been able to do so for quite a long time and travel to reunite with a spouse and to reunite a father with his young children . If I are trying to sponsor a spouse it is quite important that I continue to meet in person throughout the process so I can show that the relationship continues and that my spouse is taking an active role in parenting. Our youngest son he only met while an infant. We havent seen each other since 2019

 

[Dolly1429]

Good morning. Yes, the kids are ours. We are of the view that it was refused because we did not provide the criminal records from the US. We have an attorney representing us. he thinks we have a chance with the appeal because they allowed the appeal. When we got the ruling on the appeal, we were told to provide the US criminal records within a specific time. The judge also took into consideration that I need assistance with our three children. But on the other hand, I am being told that "This is a very specific situation and complex situation . I always have the option to live in his home country. Knowing he had a criminal record and had spent years in a U.S. prison and the repercussions of being a felon must have come up when dating or before having children. We only lived in the same place from 2016-2018 with me visiting Canada. That I was able to travel and have been able to do so for quite a long time and travel to reunite with a spouse and to reunite a father with his young children . If I are trying to sponsor a spouse it is quite important that I continue to meet in person throughout the process so I can show that the relationship continues and that my spouse is taking an active role in parenting. Our youngest son he only met while an infant. We havent seen each other since 2019

Ruling of the appeal application

 

[Riley Haas1]

I used to attend a lot of refugee appeals cases. A lot of the success of a case had to do with the client being convincing at the hearing.

Look the part and come prepared. Practice, practice, practice.

Ask for a complete copy of your appeal, including supporting documentation from your legal counsel.

Study your case and be a pain in the ass to the law firm representing you. Both of you need to be on the ball.

If you can't review legal documents, that is okay, but you need someone in your network to take the lead in this part. 95% of paid representatives will not do more work if they don't need to.

 

[Summar]

It's acceptable if you are unable to review legal paperwork; nonetheless, you will require a member of your network to take the initiative in this area.