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| Subject: Accused of Marriage of Convenience |
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To All
Whether your accused by CBSA of taking part in a Marriage of Convenience, Misrepresentation etc. you should take the matter very seriously. If your found described (guilty) you could be excluded for five years.
The Immigration and Refugee Protection Regulations have been amended but the process for CBSA to have you found described and excluded from Canada have not changed.
1 in 4 marriages fail within the first year but the reason you got divorced so soon after getting Landed in Canada could have nothing to do with you using the system to gain status in Canada.
Most CBSA Investigators have tunnel vision and on a regular basis accuses Permanent Residents of violations with limited quality evidence.
First you will be called in for an interview and yes it is important to answer their questions. It is best to retain a quality, (experienced) authorized representative who can provide references to attest to his/her experience of handling similar cases.
Any Counsel should prep you as to the type of questions your likely to be asked. Knowing in advance the type of questions you will be asked and how CBSA will ask those questions will allow you to respond in the best manner possible. It could even end the matter at that point.
If sent to an admissibility hearing do not try to prove yourself innocent. The obligation is on CBSA - Ministers Counsel to prove their case against you. Take a long look at their evidence with your Counsel and prove that their evidence is flawed. If on a balance of probabilities it is shown that they are on a witch hunt the Immigration Division Member will find in your favor.
Roy
cvimmigration.com
[17-07-2012,06:50]
[**.245.183.211]
Roy |
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(in reply to: Accused of Marriage of Convenience)
I am not sure if you really understand the fact that if the relationship is or was genuine, then there is nothing to worry about or to "prep" about. In most cases when the person was in a genuine relationship everything ends at the interview with CBSA.
The problem is when this so called "Consultants" prep the person under investigation knowing that the individual was on a MOC, or even worst, they prep themselves.
It is not a witch hunting, it is an enforcement of the law. If you really think about, it is pretty black and white.
You either, "did" or "did not", it is that simple.
If you think the law is getting tougher, just wait.....it is going to get even better.
[17-07-2012,10:15]
[***.115.153.178]
DocD |
(in reply to: Accused of Marriage of Convenience)
DocD - CBSA come on nobody in Canada has ever been wrongfully convicted..
If one gets divorced 16 months after getting landed the CBSA Officer will be looking and looking for the slightest thing to persecute the PR.
One CBSA Investigator in Toronto visited the sponsor´s father and asked him to get his son to call the Investigator. Son aka sponsor called the Investigator and suggested himself that he come in and speak personally with the Investigator. Sponsor did so without Counsel. Eight months later the Investigator wrote sponsor was uncooperative.
Wrote a statutory declaration for in-person conversation with the father.
Wrote statutory declaration for (telephone interview) with the son aka sponsor.
Wrote NO statutory declaration for In-Person interview with the son aka sponsor.
Investigator claimed In-Person interview less important and not necessary to write statutory declaration.
Loved that statement.
[18-07-2012,06:24]
[**.245.183.211]
Roy |
(in reply to: Accused of Marriage of Convenience)
sounds like Roy is advising his client how to game the system. Do you really need prep if you are just telling the truth? Is Roy advising his client what to say or what not to say? It´s like cheating....
[18-07-2012,12:18]
[***.124.134.110]
Anonymous |
(in reply to: Accused of Marriage of Convenience)
Anonymous
No it is called advocating on behalf of your client.
When your client is informed that the CBSA may accept a logical response more so then an emotional response. That based on evidence at hand that they should have with them to prove their side of the story. Being ready with names, dates, locations etc and to clearly state who would testify on their behalf about an incident it is more likely that the matter can be resolved expeditiously.
Nothing more than common sense.
Watch the video on the www.acia.ca site
Roy
CVimmigration.com
[18-07-2012,14:01]
[**.245.183.211]
Roy |
Please (in reply to: Accused of Marriage of Convenience)
Roy, is there an investigation from CBSA before the person arrives to Canada? My sister in law told them that my marriage is MOC but she didn´t have any documentation to support it? Is it possible that I get rejected. My husband is in Toronto at the moment and I am abroad. We married 6 months ago and my husband came to Canada 3 month ago. He had the PR but didn´t lived in Canada and since last June he came to Canada. He doesn´t have job at the moment but has a good bank account. I am worried if they start investigation on us since my husband went there only 3 months ago. He also never resigned from his job and got leave of absent .
[12-10-2012,17:06]
[***.97.142.33]
M |
Accused of Marriage of Convenience (in reply to: Accused of Marriage of Convenience)
Hi Roy,
My relationship with my sponsor was short. We fell inlove and the passion of the moment took over. I think maybe we have rushed into marriage too soon. I was young and he was much older than I was.
I arrived in Canada to surprise my sponsor, on to find out when I reached to Canada that he was responsible for his ex-wifes death in their home country, and that he was under observation for terrorist connections.
I panicked and got very scared. I stayed with my elderly grandmother who shortly after my arrival passed away. I was new to the country and i had no idea of how the law and system works.
I am now accused of a marriage of convenience, when the truth of the matter is, our relationship was never of such nature.
My sponsor got very angry and even threatened me saying "I will kill you with my bare hands when I see you." He then proceeded to meet with CBSA saying that I "tricked" him into marriage just for the purpose of coming to Canada.
CBSA has now issued an inadmisibility case against me. What can I do in this situation?
Ms. Confused
[08-11-2012,10:49]
[***.243.125.61]
Confused |
(in reply to: Accused of Marriage of Convenience)
Retain Counsel who has experience with the Immigration Division and can prove same. Get references.
Most important get evidence to support your position.Remember the Immigration Division is Black and White issues the IAD include H&C factors.
Roy
cvimmigration.com
[11-11-2012,08:17]
[***.113.87.90]
Roy |
