Your gateway to Canada


Immigration Newsweek

By Attorney Henry Moyal


Q. I entered the USA as a dependant of my parents. I am now a permanent resident of the USA. I did not inform my parents that I was actually married to my husband a short while before immigrating. As such, it is almost impossible for me now to petition my husband to the USA. We are now thinking of applying to the USA. Can we?

A. I do not see why not. It appears that you misrepresented yourself upon entering the USA but you have not misrepresented yourself to the Canadian government. Assuming your marriage is genuine and assuming you (or spouse) qualify as immigrants and assuming there are no criminal charges laid, it would be a good case.

Q. My aunt has been living in Canada for nearly two years. We have been renewing her status every six months and we understand that she will eventually be denied an extension. She is elderly and has been like a mother to me since I was a child. I know that she cannot be sponsored but what else can I do to have her remain in Canada permanently?

A. You are correct that you cannot sponsor her as she is not within the family class category. You are also correct that filing for an extension into the third year is risky. The only suggestion I can make is to file a permanent resident application on humanitarian and compassionate grounds as she has been a “surrogate mother” to you since you were a child and the fact she has no place to go. It is by no means a slam dunk of a case but certainly worth a try. It is important however that detailed documents and evidence pertinent to this type of application be submitted.

Q. I arrived into the USA as a tourist. I had an employer who wanted to help and he filed for an H1B work permit. Unfortunately, it was denied. I then married a USA citizen but was refused as well as they suspected it was a marriage of convenience. I have some friends who immigrated to Canada and they are encouraging me to immigrate there. The problem is that I do not have any relatives or job offers in Canada. Can I just apply and walk into Canada?

A. You will first need to apply and then qualify and then obtain a visa before you starting walking across the border. In contract to USA immigration law, you do not need any job offers to qualify. You do not need any relatives to help you. I am assuming you are single. If so, and if you have a bachelor degree and at least four years of work experience you may qualify on your own.

Q. I was refused an immigrant visa under the live in caregiver program. The reason was because my husband would not undergo a medical and would not cooperate. I was to divorce him. If I do, can I still remain in Canada and reapply under the caregiver program?

A. If you are in Canada legally on an open work permit and you have worked for 2 years in the first three years of arrival, then I suggest you file for a quick divorce from your spouse and then reapply under the live in caregiver program.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario. The above article is general advice only and is not intended to act as a legal document. Send questions to Attorney Moyal by fax, phone or email