Legal Advice Needed

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Old Jun 25th 2001, 10:45 pm
  #1  
QQW
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Hi,

As some of you might know, living away from your spouse is hard for both the husband
and the wife. I have started the sponsorship few months ago and so far nothing has
come up and out of desperation my wife and I were thinking of a way to be together
sooner. This idea has few risks and unknowns and I honestly do not know the possible
"side-effects" at this time. My wife has a US visa and she can go there any time and
from there she can visit my brother in Detroit and then both can drive to Canada. Now
let's take the first possible outcome and assume that she gets in without being asked
to show a visa (a situation that I was told is the most likely scenario). At this
point we will be together and when her visa is issued back home we can ask family
over there to express mail her landing paper to us and then we just drive through the
border, make a u-turn and go back to Canada where she will land. I assume that what I
just wrote is hypothetically do-able. Are there any problems?

Another possible outcome of this is for her to be stopped at the border and asked for
a visa to Canada and in that case they will return her back to the US. The question
here is whether this will affect her on-going application process backhome. Would
anyone take her name down or her passport number and report her? Would this have any
impact at all?

I know that Mr. Andrew and Mr. Cohen and other immigration specialists will advice me
not to do it and I know that NOT DOING IT is the proper answer and I expect that, but
I am so desperate and willing to take such risk at this time if I know that the
failure of this plan will have no effects on my spouse sponsorship application.

Thanks
 
Old Jun 26th 2001, 2:00 am
  #2  
WebImmigration.Com
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Hi:

There is nothing preventing your wife from applying for a visitor visa to enter
Canada. If your wife is from a country that does not require visitor visas to enter
Canada, she can try to enter at the port of entry.

This should not have any impact on her spousal sponsorship application (unless she is
caught misrepresenting herself).

However, visitor's by definition must have the intention of entering Canada only
temporarily. Your wife will have to onus of satisfying a visa officer that she only
intends on entering Canada temporarily. This is very difficult to do while she has a
pending application for Canadian permanent residency. In the alternative, your wife
could ask for a Minister's permit to enter Canada on the basis of humanitarian and
compassionate grounds. However, Minister's permits are very difficult to acquire,
and often conditions are placed that the spouse must exit Canada within a specified
time period.

Yours truly, Ingrid Y. Chen, B.A., LL.B.
_________________________
Webimmigration.com, Embrace Opportunity 225-141 Bannatyne Avenue Winnipeg, Manitoba
Canada R3B 0R3 Tel: 1-204-943-3303 Fax: 1-204-943-2625 Email: [email protected]
Visit our website at http://www.webimmigration.com

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