Husband is banned from U.S. for 10 yrs

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Subject: Husband is banned from U.S. for 10 yrs
  I am a U.S. Citizen and would like to apply for FSW class. I have 72 points as i would be the principal applicant. My husband is currently residing in Mexico. We have been married for 4 years and known each other for 8 years. We have tried to get his green card for the United states but the new laws prevented him from doing so. He has no criminal record other than an immigration violation. (Being in the United States for more that 365 days with no status). This is what caused his permanent ban.

We have two children together and i have three older children from a previous marriage that are already residing in Canada with their father (my ex-husband).

Do you think i will have a problem appling under FSW in Buffalo considering me being the U.S. citizen and the principal applicant? Canada is our only option for our children to grow up with plenty of opportunities. And i do not want to lose contact with my other children. As it is right now i live in the detroit area pick them up every other weekend.

I have heard that CIC doens´t care whether you have immigration problems in other countries especially if he´s not the principal applicant.

I have also heard that i might have a problem immigrating due to my husband citizenship from a different country than me.

please let me know your opinions. I want my family back together again. We have already been apart for 1 1/2 years.

[11-08-2008,11:01]
[***.120.144.97]
Dawn
(in reply to: Husband is banned from U.S. for 10 yrs)
His problem of US immigartion won´t be a problem as long as he entered into the US legally. CIC doesn´t care for out of status problem.

BUT, if you apply from the US and needed to be interviewed with your husband then it certainly will be a problem as he can´t enter US anymore. Correct?

I´m not sure about the rules here clearly, for the spouse. In general, for the principal applicant, you need to be admitted legally in a country for at least an year to be qualified to apply from that country. Not quite sure about the rules for the spouse.

[11-08-2008,12:38]
[***.254.208.246]
DC
(in reply to: Husband is banned from U.S. for 10 yrs)
Is there anyway that i could request the interview be held in Windsor? We are both able to go to Canada without the visa.

And no he did not enter the U.S. legally. I don´t think that CIC would care. As long as he hasn´t committed any felonies or serious crimes. CIC shouldn´t care about his immigration violation from a different country. He has never set foot in Canada before, but could someone please help me find some rules and regulations on the spouse entering Canada.

Need advice PLEASE

[11-08-2008,12:46]
[***.120.144.97]
Dawn
(in reply to: Husband is banned from U.S. for 10 yrs)
You better now ask Roy, can start a new post addressing him.

But most likely you can´t get the interview in Canada. It is matter of consulates, and they are all overseas.

[11-08-2008,13:50]
[***.254.208.246]
DC
(in reply to: Husband is banned from U.S. for 10 yrs)
Spousal sponsorship application (if I am not wrong) can be processed in the country of citizenship of the person being sponsored and in the country where the person has been legally admitted for one year and currently residing there.


[11-08-2008,14:11]
[***.69.58.200]
Samm
(in reply to: Husband is banned from U.S. for 10 yrs)
Sorry, I did not read the original post properly. Please gnore my reply.
[11-08-2008,14:14]
[***.69.58.200]
Samm
(in reply to: Husband is banned from U.S. for 10 yrs)
My husband was deported from the US to Mexico also. His family´s application was denied and so he too is unable to enter the US for 10 years. He is now in Canada with me and we are applying for PR. He did receive first stage approval but his file is being delayed. I am Canadian so I know the situation is different. What if you applied for skilled worker class and got approved on your own and then apply for him after? He can enter Canada as long as he has a valid passport and you can apply from Canada for him. You have two kids together and have been married for 4 years so they can´t say your relationship is of convienience and you do have your other kids in Canada. You could also try applying for humanitarian/compassion applications and explaining your situation. I think it is wrong for any Countries government to deny a family to be together! Good luck!
[29-09-2008,15:56]
[**.59.144.22]
Still waiting
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