If you are facing deportation, it is important that you take action immediately to avoid being removed from the country. Depending on why you are being deported, there are several options available to possibly extend your stay. If you have received notice you must leave, here is what you need to know.
What Is in the Deportation Notice?
The notice you receive regarding the deportation usually contains a date and time to attend an interview at the Canada Immigration Enforcement, or CIE, office nearest you. The notice is usually sent after a failed request to stay in the country by you. The interview is a chance for you to state your intentions.
If you plan to leave, advise the CIE officer of the date you are leaving. The CIE officer will inform you of whether or not that date is acceptable. You might be required to leave before then.
If you plan to fight the deportation order though, you need to request that the deportation is delayed or stopped.
Is a Delay of the Deportation Order Possible?
Whether or not the CIE is willing to delay or remove the deportation order depends largely on your reason for wanting to stay in the country. The reason you cite must be sufficient enough to be considered a valid one. For instance, if you currently have an appeal pending for a denied visa, the CIE can delay the deportation until the outcome of your appeal is known.
Your request needs to be made directly to the CIE. The officer can provide you with the necessary documents during your interview.
What If Your Request Is Denied?
In the event that the CIE does not believe your reason for wanting the deportation order delayed or removed is not compelling enough, you can request a stay from the Federal Court of Canada.
The request to the court is essentially a legal argument as to why you should be allowed to stay. In the request, you can include documentation to support your reasoning. For instance, if you are asking to stay because you are caring for a sick relative, you can provide a statement from the relative's treating physician to help make the case that at-home help is necessary.
A hearing will be scheduled at which your attorney can present an oral argument as to why the order should be removed. If the court sides with you, the deportation order will be delayed or removed.
To improve the possibility that you can remain in the country, consult with a lawyer (like Michael H Duffy Plc Inc) as soon as possible. He or she can not only help with the CIE interview, but also the appeal to the court, if necessary.Share
8 February 2016
The laws governing child custody and guardianship can be confusing. As a family attorney, I have helped many clients gain legal guardianship over a foster child or a relative's child. Getting legal guardianship of a child you are caring for is important because you need to be able to make decisions about that child's education, health care and other matters. This blog will help you navigate the world of legal guardianship and show you how to take steps to get guardianship over a child whether the child's parents are cooperative or not. Legal guardianship does matter even if a child is not going to be adopted. I hope to help people find the way to get this done.