Canadian immigration paperwork mistake results in deportation from Canada

Mis-dated immigration form leads to deportation from Canada

A man from the United States who is married to a Canadian Citizen was deported from Canada last week because of what may be a clerical error. We have blogged here about a similar issue in the past where mistakes lead to deportation.

The issue date for the permit was mistakenly entered into the area for the expiry date, meaning the just-issued permit was expired – but the mistake wasn’t noticed until the man returned home to New Brunswick where he lives with his wife and three children.

Man deported from Canada after waiting at the immigration office

Canada Border Services Agency told the man that all he needed was a reprint of the visa, but after a three hour wait at the Canada Border Services Agency office he was told his application (for permanent residency, which he submitted in 2005) was denied. Right away, he was brought back into the United States with only the clothes he was wearing and whatever money he had on him. He was not allowed to speak to his wife, who is his sponsor, before leaving and is not allowed to return to Canada for one year or he faces being arrested. His wife and youngest child have joined him in a hotel just outside the Canada-United States border in Maine, which borders New Brunswick.

The man has only found one possible reason for the application’s denial: he never went for a second medical examination, but was still told by border officials in January he could do it within the next six weeks and everything would be fine.

The family is currently looking into the possibility of getting the man a visitor visa while they straighten it out, and has also written to Citizenship, Immigration and Multiculturalism Minister Jason Kenney.

Immigration applications can take a very long time, as revealed in this situation. It is somewhat understandable that the man didn’t feel any urgency to getting a second medical exam (if that is the reason for deportation) after a 6-year wait and no notice of any kind in the mail about needing to get it done.

Our advice: Get it right by getting professional help!

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Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: canada immigration paperwork

About Fadi Minawi

Fadi is a graduate of the University of Toronto and the University of Toledo College of Law. He is called to the New York State Bar and is registered as a Foreign Legal Consultant with the Law Society of Upper Canada. He is a member of the American Immigration Lawyers Association (AILA) and is currently serving as the Media Liaison for the Canadian Chapter of AILA. Fadi has extensive experience in US immigration matters and is the firm’s lead in the area of US immigration. He is specialized in corporate and family immigration, as well as issues dealing with US inadmissibility.

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