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.
I could not have asked for more! The VisaPlace team are extremely professional, they know their stuff. They gave me great information, prepared my work visa application and then prepared me for the submission process. I was successful. Got my visa. 5 stars! I would give them 6 if I could.
This is not an exaggeration!!! I was truly impressed with the way VisaPlace consultants handled my case. The consultants- Emily, Lauren, Takunda and Lisa, took their time to explain to me in great deal how they were going to approach my case and how they would handle setbacks, if any. Their professionalism and knowledge of the law were superb. The minor setback that came up was quickly addressed by the team. The team constantly kept me updated on the progress/status of my application; they quickly responded to my questions/concerns. They had predicated my permanent residency to be processed within 6 -12, and Indeed it was processed and completed within 6 months. Based on my personal experience, Emily and Lauren's team are the best! They deserve 5 stars!!!!!!!!!!!
VisaPlace helped me sponsor my husband to become a Permanent Resident of Canada. They were extremely professional. Every step along the way was explained fully and expertly taken care of. The staff responded immediately to any questions and always handled our concerns fully, taking as much time as we needed to understand where we were at in the immigration process and what to expect next. I would recommend VisaPlace with no hesitation at all. I'm sure if we had tried to navigate the immigration process ourselves, it would have been much harder.