halk

Hi, everyone,

I was laid off recently and now I am out of H-1B visa status. I have an one month old baby now. I can not carry my new born baby back to my home country. My baby is US citizen. He has right to get education and live here. Be a father, I want give the best to him. I have to do my best to live in North America.

I applied for immigration to Canada and got
approved in 1996 and completed landing in May 1997.
After landing, I returned to USA and applied
returning resident permit extended to December 1998.
However, I did not return to Canada by the dead line.
Now I want to go back to Canada. Should I re-apply for
returning resident permit? What is the chance to get
approved? Is there any immigration attorney who will
take such kind case? Or the best way is re-apply immigration
from very beginning?

Please give me your advice or share your experience with me.

Best Regard to everyone.

Andrew Miller

Unfortunately you lost your Canadian PR status by any measures and must apply for PR
visa from scratch if you want to move to Canada. As being out of status in US you
cannot apply through Buffalo anymore, you must apply in your home country.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE from the above address before
sending email)
________________________________



"halk" <[email protected]> wrote in message news:[email protected]...
    > Hi, everyone,
    > I was laid off recently and now I am out of H-1B visa status. I have an one month
    > old baby now. I can not carry my new born baby back to my home country. My baby is
    > US citizen. He has right to get education and live here. Be a father, I want give
    > the best to him. I have to do my best to live in North America.
    > I applied for immigration to Canada and got approved in 1996 and completed landing
    > in May 1997. After landing, I returned to USA and applied returning resident permit
    > extended to December 1998. However, I did not return to Canada by the dead line.
    > Now I want to go back to Canada. Should I re-apply for returning resident permit?
    > What is the chance to get approved? Is there any immigration attorney who will take
    > such kind case? Or the best way is re-apply immigration from very beginning?
    > Please give me your advice or share your experience with me.
    > Best Regard to everyone.
    > --
    > Posted via http://britishexpats.com

halk

Thanks, Andrew.
Can I appeal my case to the Immigration Appeal Division of the Immigration and Refugee Board? What is the chance of success? Any immigration lawyer or consultant may take my case?

Stuart Brook

halk wrote:
    > Thanks, Andrew. Can I appeal my case to the Immigration Appeal Division of the
    > Immigration and Refugee Board? What is the chance of success? Any immigration
    > lawyer or consultant may take my case?

You can appeal ... Chance of success = 0.000000% A person willing to take your case
- only if he had no scruples in taking your money.

halk

If I go through the appeal process, but failed, will this affect my future application of PR to Canada? Any suggestion?

Andrew Miller

There is nothing to appeal as under new law the reason for your loss of PR status is
non compliance with residency obligation - new law doesn't provide any room for
arguments about intentions or anything else. It is a pure calculation of days out of
Canada - within past 5 years you had a RRP valid till December '98, so period between
August 1997 (5 years back from now) and December 1998 will be counted as days in
Canada. Everything after December 1998 till now will be counted as absence. So, only
16 months out of past 5 years may be counted as presence - it is clearly 8 months
less than required 730 days and determination will be made that your PR status is
gone. You can't appeal the above calculation - so, why bother wasting time and money.

It is better to hire an expert to prepare brand new case for you if you qualify under
new law - it will be much cheaper.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE from the above address before
sending email)
________________________________



"halk" <[email protected]> wrote in message news:[email protected]...
    > Thanks, Andrew. Can I appeal my case to the Immigration Appeal Division of the
    > Immigration and Refugee Board? What is the chance of success? Any immigration
    > lawyer or consultant may take my case?
    > Originally posted by Andrew Miller:
    > > Unfortunately you lost your Canadian PR status by any measures and must apply for
    > > PR visa from scratch if you want to move to Canada. As being out of status in US
    > > you cannot apply through Buffalo anymore, you must apply in your home country.
    > >
    > > --
    > >
    > > ../..
    > >
    > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > > [email protected] (delete REMOVE from the above address before
    > > sending email)
    > > ________________________________
    > >
    > >
    > >
    > > "halk" wrote in message
    > > news:397353.1030417170@brit-
    > > ishexpats.comnews:397353.1030417170@britishexpats. com...
    > > > Hi, everyone, I was laid off recently and now I am out of H-1B visa status. I
    > > > have an one month old baby now. I can not carry my new born baby back to my
    > > > home country. My baby is US citizen. He has right to get education and live
    > > > here. Be a father, I want give the best to him. I have to do my best to live in
    > > > North America. I applied for immigration to Canada and got approved in 1996 and
    > > > completed landing in May 1997. After landing, I returned to USA and applied
    > > > returning resident permit extended to December 1998. However, I did not return
    > > > to Canada by the dead line. Now I want to go back to Canada. Should I re-apply
    > > > for returning resident permit? What is the chance to get approved? Is there any
    > > > immigration attorney who will take such kind case? Or the best way is re-apply
    > > > immigration from very beginning? Please give me your advice or share your
    > > > experience with me. Best Regard to everyone.
    > > > --
    > > > Posted via http://bri-
    > > > tishexpats.com/http://britishexpats.com
    > --
    > Posted via http://britishexpats.com