sairam

I had applied for permanent resident status on February 27, 2002 under skilled worker class. The application was made to the Buffalo office in USA. We received the rejection note on September 2, 2003 as i received 67 points. It was rejected based on the 75 point requirement prevailing that point of time.

As per the current requirement of 67 marks, I will be qualified. So I am planning to apply again for PR. But I would like to find the answers for the following:
1. We (My wife and I)are indian citizens. I am currently working in USA and planning to apply again and the application will be submitted to Buffalo office in USA.
How is the earlier rejection is going to affect my new application? I will have to say in the application some where that i am rejected visa.

2. We are planning to adopt a kid from India in March 2005.
If we make an application now, How do we proceed with respect to the application for the adopted kid? Or shall we make the application after the adoption?

3. Does the immigration under skilled class allows the adopted kid to get the visa and come along with us?

Your response will be highly appreciated.

Andrew Miller

1. If there were other reasons for refusal or for not considering discretionary approval then such reasons (if still exist) will affect new application. Of course that you will have to disclose fact of refusal in new application - failuire to do so will be considered as making fraudulent application.

2. If you complete the adoption process prior to conclusion of your application process (prior to visa being issued) then you will have to add child to your application.

3. yes

sairam

Mr. Miller,
Thanks a lot for your prompt response.
The text in the denial letter is as follows:

"Your application was received on February 27,2002, after January 1,2002, and was pending or in progress immediately before the Act came into force on June 28, 2002. As a result, your application does not fall within the traditional provision noted above and was therefore assessed under the Immigration and refusee Protection Act and Regulations".

It goes on to add: " You have obtained insufficient points (67 points) to qualify for immigration to Canada, the minimum being 75 points. You have not obtained sufficient points to satisfy me that you will be able to become economically established in Canada".

The above mentioned are the reasons stated to refuse my application. So if I again apply, is it going to affect adversely in any way? Please respond.

Andrew Miller

It doesn't really matter what generic refusal letter says. Before re-applying (of course if you don't want to wait for settlement or don't qualify) you should get all the info about your file to see what's there. You may want to seek professional assistance.

sairam

Thanks a lot Mr. Miller.

1. What do you mean by "settlement". Could you please explain?

2. How do I get all the info about my file?

3. What do you mean by professional assistance? Could you please suggest where to get this from? I am really a novice and applied on my own earlier? How much does it cost?

Andrew Miller

1. http://www.cic.gc.ca/english/mandamus/index.html

2. Your Canadian representative should apply for CAIPS file printout to see what exactly is in your old file.

3. Hiring an authorized immigration practitioner in Canada to assist you. You may contact myself or any other authorized immigration practitioner.

sairam

Mr. Miller,
How do i contact you to discuss this?

please provide me the contact info.

Andrew Miller

Click on my name to the left and select "Send email to ..."