Visa Refusal for Spouse - update

I wrote a post last year about CIC(Citizenship and Immigration Canada) refusing a Permanent Residency Visa for my husband. I wanted to give a bit of an update on our situation.

The visa refusal was in July 2003 while I was visting my husband in DR. The lawyer I was using filed an appeal on my behalf with the Immigration Appeal Division(IAD). I returned to Canada late in August. My appeal had been received by IAD on July 31, 2003. Last week my lawyer informed me that our case has been selected for a ADR(Alternative Dispute Resolution) meeting and not a hearing. The ADR is scheduled for April 15 2004. I am hopeful that we will be successful and my husband able to come to Canada sometime later this year. Finally!! We have been married now just over 2 years - together for 3 years.

If anyone else has been through the ADR or IAD hearing process and you can offer any suggestions, please do!

A warning about Immigration Consultants:

In October 2003, I found out that my lawyer wasn't a lawyer after all but a Immigration Consultant working in a Barrister's office. I was referred to this 'lawyer' from a friend who had used this 'lawyer' for an Immigration matter in the past. Luckily, I did not realize this too late and I was able to retain a real lawyer to assist me with the appeal. My biggest mistake was not checking the credenitals of this 'lawyer' before I retained him and I lost $1000 for that mistake not to mention a lot of grief!

I also referred the same person to represent a Canadian friend of mine.(another mistake I made) She also is trying to get her husband to Canada. She applied for Sponsorship with the consultant(thought to be lawyer) and to date she still does not know if she has been approved or denied as a Sponsor. The Permnant residency for her husband hasn't even started yet. The consultant has not returned her calls or emails with the information she is requesting. She doesn't even know her Client number so that she is able to call CIC or the embassy in Haiti herself! Now that she is living in DR she has not retained other counsel or tried to continue the process on her own. She is still using the consultant.

On another note, I know of 2 other Canadians that got married to Dominicans after we did, did not use a lawyer or a consultant and their husbands are NOW in Canada.

Does using a lawyer/consultant somehow slow down the process?

If I had to do this all over again, I would apply to CIC myself and would retain a lawyer only if necessary.

Who ever said coming to Canada was easy?

Rosanie

QUOTE=Anna Coniglio]I feel for you Rosanie. Question in case I've missed it. Is this "lawyer" consultant in Canada or DR?[/QUOTE

This consultant is in Toronto,Canada.

bob saunders

If this person was passing themselves off as a lawyer that is misrepresentation, and is a crimminal offense in Canada and I'm sure if you talk to a real lawyer, the bar might do something about it.



I was having a hard time getting ahold of this "lawyer" and was getting no response from emails and voicemail messages. That is when I decided to look for another lawyer. I had questions and concerns and wanted answers and some help. The new lawyer told me that she had never heard of this "lawyer" and would check the Ontario Bar Association to see if he was listed. I left her office and not 15 minutes later, she called me to tell me that the OBR had never heard of this guy! I was livid! I wanted to confront him about it but I also wanted all my documents that he had in his possession. He is not bound by law to return them to me. My lawyer sent a fax to his office informing him that I had retained her services and would he please contact her when the file was ready to be picked up by a courier. That same day he called me. I told him directly the reasons why I had changed counsel (I did not mention that I knew he wasn't a lawyer) and asked for him to send my file. He asked me about money and I told him what I was prepared to give him - He still wanted the rate he quoted for the appeal even though he hadn't done one thing towards the process except file the appeal in the first place! I sent a cheque but not for the amount he wanted and 2 weeks later he sent my file to my lawyer.

I am now in the works of filing a formal complaint against him.

I believe that CIC has started a Immigration Consultant referral system or something of that nature to help people find the honest consultants and not the phonies.

Thank you Anna and Bob for your support.
Rosanie

Alternative Dispute Resolution - update

After many months (which turned into years) of waiting and wondering WHEN and IF my husband would ever come to Canada is OVER.

The Minister of Immigration conceded to my appeal yesterday and my husband's file will continue to be processed for a Canadian Permanent Residency Visa. He will now have to have a medical exam and security clearance and then a Visa will be issued to him. From what I have been told this could take 6 months to a year before he will be able to live with me in Ottawa.

We are thrilled with the decision and still in a bit of shock. It has been a long difficult road. We are happy to have it come to an end and soon we will be able to start our life together here in Canada. We are very excited!!

I am visiting with my husband in Rio San Juan this Monday, April 19 and we are planning a huge party to celebrate!

Thanks to all who gave us their support!

Some advice to anyone undergoing an appeal with CIC - Make sure you have the evidence to back up your story and do not ever give up!

Rosanie