Immigration Applications can Succeed or Fail on Legal Technicalities
US And Canada Immigration Applications can be affected by small mistakes
There are cases when the law works in your favor and cases when it does not.
In our immigration law practice, we see many immigration applications get approved or get refued based on legal technicalities. In some cases, there are immigration applications that are very strong but because of some unanticipated issue, the case is rejected. It usually does not go the other way – where the application is approved – unless an immigration lawyer is involved to “point out” where the Visa Officer may have made an error assessing the application.
Specific cases of Immigration Applications being denied because of mistakes
In one case, reported by the National Post on November 27, 2008 , a man’s Spousal Sponsorship Application was allowed to proceed even though the man was convicted of killing sister-in-law in India 11 years ago by dousing her in kerosene and setting her on fire.
According to the Federal Court of Canada, this man will be allowed to sponsor his new wife for Canada Immigration. The Federal Court’s ruling was based on a legal technicality that regulations preventing a person from sponsoring an immigrant for criminality are based on convictions against blood relatives. This means that because this man killed his sister-in-law and not a blood relative or a”family member”, he is allowed to sponsor his new wife.
Whether or not you agree with the Federal Court’s decision, the point here is that it clearly shows that legal technicalities can make all the difference in successful immigration applications. If that man was convicted of say, killing his parents or siblings, then he would be prevented from sponsoring his new wife. But as the current law would have it, offences against in-laws are not counted.
Most would consider a sister-in-law a “family member”. However, this is not the case when it comes to the immigration legal defintion in this context. Sounds strange and contrary to common sense? Often the law is such and immigration lawyers, for better or worse, take advantage of this fact on behalf of their clients.[gravityform id=1 name=Havea Question? ]
The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.
Great law firm with great staff. My lawyer Rania did a great job for my Canadian work permit and my daughters study permit. You are great in your work. And my Para Legal officer Alicea, you are just amazing. They did not rest until my job was promptly and properly done. Always there to answer my calls, reply my emails promptly. She tried her best and the results were amazing. I recommend visa place if you need the best immigration job. Many thanks to Rania and Alicea.
Great firm on top of their game. Worked with us til the end to ensure my parents visa was approved and guided us along the way in a professional manor. Natalie is awesome. Majority of our communications were via email, but the responses were immediate. I would greatly recommend this firm. Thank you for all your hard work and help. My family and I do really appreciate it.
I am grateful for the legal services that I got from Sanaa and Alicea of Visa Place. I was impressed by their client centered approach. Their professionalism involved their hearts and heads to work on my case. I cannot compare the time they spent on it with the money I paid. All they wanted was a fine final document. I also liked their prompt communication. They are really passionate about what they do.