Canada Immigration Forum (discussion group)

Subject: Roy/Sharon
  I?ll be thankful, if someone can tell me that i filed my refugee claim in 2001, but before the IRB hearing, my lawyer advised me to withdraw the refugee case and apply as skilled worker. He told me that i do not have enough supporting papers for my refugee claim. so i did withdraw the refugee claim and applied as skilled worker in Buffalo. I had interview in buffalo and my application was rejected in 2004. I then came back to Canada and applied for PR under H & C in 2005. I got the US visa for this interview.
Now i am worried that if me and my family could not get PR under H & C, Immigration will send us back to Iran.
My question is, can we still reopen our past refugee claim. Because we don?t want to go back to Iran. I am Christian and my wife is a Shia Muslim and our marriage was love marriage and against the will of our families.

I already mentioned in my H & C application that i was advised by my lawyer to withdraw the claim, because i did not have enough papers. Me and my wife, we both are working. my 3 boys were born here and they are in school.

(in reply to: Roy/Sharon)
does your lawyer have immigration experience and has he had full access to your file and information. If yes to both, the advice of the lawyer is more accurate and complete than anything we could offer you here.
(in reply to: Roy/Sharon)
how could you get outside the country and come back ,with no status,hard to believe
your h n c is your last chance fortunatly

(in reply to: Roy/Sharon)
Well Iran and drop your refugee claim???? Why depending on how long you had been in Canada or regardless you have a removal order.

You have to put on your FSW application that you made a refugee claim!!!

In the IP5 manuals on H&C they clearly state that no one should counsel the client to withdraw an application if they submit a simultaneous application for H&C.

Check it out search Manuals and find it in the index.

Come on out No there is always two sides to a story.


(in reply to: Roy/Sharon)
Thanks everybody. my first lawyer got his fees for refugee case through leagal aid. then later when i withdraw my case from IRB, he demanded $4500 for PR application under skilled work category. which i paid him as his fee , also paid him the processing CIC fees. during my interview in buffalo, the immigration officer asked only one question that why i filed refugee claim? i told her the reason, but she siad that i wasted the Government time and resources for fake claim.
FYI. My that first lawyer was arrested by RCMP in Montreal in 2003 for wrong doing with the Immigration. I don´t want to put his name here.
Later when i came back to canada, i hired another lawyer and he charged $5000 for H & C application. Which i paid him in installments.
I never had any removel order so far. When i filed refugee claim, i kept my passport with me as per my lawyer´s advice. But when i filed H & C , the Toronto airport immigration office called me and took my passport.
Now my situation is that if i ask my lawyer anything, he charge $150 per visit. I don´t have now that much money to pay him.
That is the reason i am writing to you guys in this forum.
Yes. i got the single entry US visa for my interview and the only condition was set by US visa officer in toronto was that i have to leave my child here , so i can come back here. Which i did.

(in reply to: Roy/Sharon)
Do you ever take transit and read the free newspapers most quality Lawyers and Consultants who are (great) never charge for consultation.

I wish I could get $150.00 for every consultation.


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