mojoshow 发表于 2007-12-17 19:59:54

求助!!护照和移民纸被扣留了。

第1楼
求助!!护照和移民纸被扣留了。



求助!!护照和移民纸被扣留了。

我们在拿到签证后生了一个龙凤胎,哈,在没有及时申报我们的孩子的情况下登陆了, 所以,多伦多海关移民局将我们的护照和移民纸被扣留了。

我们不知道现在该怎么办了!!求助,回复信箱:[email protected]

Sedona 发表于 2007-12-18 09:31:21

回复:求助!!护照和移民纸被扣留了。

最初由发布
求助!!护照和移民纸被扣留了。

第1楼
求助!!护照和移民纸被扣留了。



求助!!护照和移民纸被扣留了。

我们在拿到签证后生了一个龙凤胎,哈,在没有及时申报我们的孩子的情况下登陆了, 所以,多伦多海关移民局将我们的护照和移民纸被扣留了。

我们不知道现在该怎么办了!!求助,回复信箱:[email protected]


There is not enough information to analyse your scenario.May I assume:

1. You obtained your landed visa in China;

2. Your twins were born in China;

3. Your twins have China passport.

4. Your twins were not examined, so your landed visa does not include them.

Mistakes made:

1. The airline should not have boarded your twins because they do not have any visa to enter Canada.The Airline will be fined by CIC.

2. Your twins were not admissible into Canada.

Questions:

1. Were you admitted into Canada?Admission is a legal concept that you are allowed to enter Canada with a permanent (landed status) or a temporary (work permit, student permit, visitor's visa) status.Did CBSA process your landed visa and your PR Card?

2. Were your twins admitted into Canada?If so, what is their status? Is their any examination at CBSAat the airport, CBSA office on Airport Road (or in the Heritage Inn), or at the Immigration and Refugee Board on Victoria Street?

3. Do you have evidence that the twins are yours?Did CBSA call Children's Aid Society because the twins are a victim of child smuggling?

Strategy recommended:

1. Consult a lawyer to review your current scenario.Don't go for any immigration consultant.

2. Try everything possible for CBSA to admit you, process your visa and issue you a PR Card.

3. Try everything possible for CBSA to admit your twins with a temporary resident permit so that you can apply for their status in Canada.You may need an income to do so.

4. Admit to CBSA/CIC/IRB where appropriate you have made an honest mistake because of ignorance.

Good luck.

小心为上 发表于 2007-12-18 11:01:07

典型的小聪明, 最后吃大亏
诚实 和 信用, 真的是那么困难吗?

mojoshow 发表于 2007-12-19 09:23:20

加拿大机场海关允许我们进入加拿大了

机场的移民局官员让我入境了, 并且给了我们landing paper and VISA的复印件作为临时证件,其他的事情就不知道了, 我已经跟香港移民局联系了,都没有什么结果,现在真的不知道该怎么办了,请好心人给点意见。顺便提一句,我们用那个复印件已经申请了银行卡。

Sedona 发表于 2007-12-19 10:19:31

入境 doesn't mean admitted.Did CBSA process your admission visa and your application for a PR Card?If they did, you have been admitted as a landed immigrant.

Were you served with any instructions/summons to attend any hearing/investigation at the airport, the airport road office, the Heritage Inn office (Canada Holding Centre) or IRB court?

If no, that's a good news.

Were you told what CBSA would do with your passport and landed visa?If they are being held at the airport, CBSA will continue to investigate you for your twins' admission.

If they have sent your documents to Ottawa or Calgary, together with proof of your twins' identifications, e.g. passports, birth certificates, CIC may be doing you a treat to re-examine (a legal concept meaning including them into your application), so you may hear from them soon.

Calling Hong Kong Regional office is useless, since they don't know what happened here in Canada.

You should call the CBSA manager at the airport to find out the details.It is time to hire an experienced immigration lawyer to find out details.I guess you don't know what has happened, so my advice based on your misleading information can be misleading.

When you were at the airport, the CBSA officer or the manager should have told you their next step.

When did you come to Canada?If within a few days, the airport office may still have your documents.

One more question.Were your twins admitted?If so, what is their status?

I would assume the kids are with you.CBSA didn't refer your case to Children's Aid Society for a child protection investigation for potential child smuggling, did they?If they did, you have more to deal with to produce evidence that you are the parents.

mojoshow 发表于 2007-12-19 18:29:50

你好,谢谢。

我们在机场落地办理手续时,一位黑人女官员随口问了一句话,你们有没有小孩子,我也随口回答了她,有对twins,然后她就叫来一个香港籍的女士跟我们说,我们没有及时申报这个变化,是一个很大的问题,他们要向香港移民局咨询,问问我们是否还有移民资格,并将我们的护照和移民纸扣留,这就是事情的全部经过了。

香港移民局给我来信说,已经将我们的情况告知了加拿大机场移民官了。 现在就是等待加拿大这边的态度和意见。

Sedona 发表于 2007-12-20 10:10:42

Sir/Madam,

Please forgive me if I am too blunt or provocative. May I suggest that you are self-centred, ignorant and 法盲?

How dare you bring your twins to Canada without an approval of landed visa for them?How dare you point your finger toward the black female CBSA officer who was performing her duties and her due diligence guarding the gate (一位黑人女官员随口 问了一句话)?

Do you want the officer to ignore your mistake and admit your family into Canada and in a few months or a few years you discover your twins do not have any legal status in Canada and consequently they are not eligible for health or education services and bear the risk of becoming stateless?I guess not.

Canada is ruled by the laws.If you abide by the laws, you are fine.If you do not, you are not.Period.

A few more pieces of advice for you:

1. Admission.Perhaps because of my poor English, I didn't explain well the concept of admission.Everyone in Canada has a legal (immigration) status: it could be born citizen, naturalized citizen, landed immigrant, visitor, visa student, work permit holder, and etc.You said in one post you were admitted but in another the Hong Kong Visa Office will determine if you will remain eligible for landed status.

Upon entrance into Canada, everyone is assigned a legal status.What is yours?I have asked this question twice, because that will affect you and your twins.If they have processed your PR Card, I trust they have admitted you as a landed immigrant.

Why is admission important?Look at the case of Gao Shan.He was admitted as a landed immigrant.To take away his status, CIC/CBSA must take him to court or IRB for a judge to get rid of his status.This is a troublesome lengthy legal process that both Gao and CIC/CBSA do not want.

I can't image CBSA has admitted you while they are re-considering your eligibility for landed status.

2. Examination.This is another legal concept.In an immigration application, the principal applicant will list all his/her dependents who will be examined for relationship and eligibility.Go back to your application form if you still have a photocopy.There is a warning that it is your choice not to list all dependents for an examination, but those not listed will not be eligible for future sponsorship.

If CIC/CBSA re-examine your twins, they are doing you a favour.

Here is the catch 22.If you have not been admitted, you still have the opportunity to report the changes.You may be told to return to China, process the changes and come back.

If you have been admitted but your twins were not examined in your application, you will never be able to sponsor them again.

This can be over-ruled by an assistant deput minister, delegated by the minister.The decision won't be made by a staff at the airport or the regional visa office.

Do you understand the hassle/trouble you are facing?

3. Risk of stateless. Did you surrender all your identifications, except your passport, to the Chinese government?Once you become a Canadian citizen, you are no longer a Chinese anymore.You may need an expert in international laws to figure it out if your twins remain as Chinese citizens.I don't know the answer, but have seen a similar scenario that the child eventually has to apply for landed status based on compassionate grounds, but his fate is at the mercy of the CIC officer.

Sir/Madam, you made a mistake.You should pay high legal cost to fix it now, before it becomes un-fixable.

I wish you all the best.I wish CIC will consider yours an honest mistake and will re-examine your twins - which is the best scenario you could get.

小心为上 发表于 2007-12-20 11:31:48

现在孩子在哪里?

久石让的粉丝 发表于 2007-12-20 13:01:24

最初由[小心为上]发布
现在孩子在哪里?

在国内被,带孩子还能入关呀。带孩子出境都出不了

小哈哈 发表于 2007-12-28 22:39:29

哇,怎么这么糊涂??
机场的人应该付一定的责任,无论事主法盲与否,小孩没有签证,怎么可以上机??

mojoshow 发表于 2008-1-1 12:53:43

你好,谢谢。

机场移民局已经通知我们在新年后的第一周让我们过去说明情况了,我们该如何解释现有的情况呢?谢谢朋友们!!!

顺便说一句,我们的孩子仍然在中国。他们太小,只有5个月大小。

小哈哈 发表于 2008-1-1 15:45:41

事主,我觉得你对你的情况描述很不清楚。
你的双包胎到底当时有无和你一起上飞机来温哥华?他们在国内是被退回去的还是根本就没来?

读者Sedona给你的意见很有参考性,但是你把你的问题都说不明。最好还是去找律师吧!

多伦多上海人 发表于 2008-1-1 20:04:11

我遇到过一个香港人有过相似情况。当时他是结婚了,也是被扣了护照。最后就是回国向申请地重新申请移民,把老婆做为副申请人加入。一年不到就下来了。

mojoshow 发表于 2008-1-3 11:52:28

i am new comer

我们的twins这次没跟我上飞机,应为太小了, 5个月大小啊, 机场移民局的说,这周让我们过去谈谈,我们应该怎么说呢? 谢谢。。。

小心为上 发表于 2008-1-3 16:25:50

回复:i am new comer

最初由发布
i am new comer

我们的twins这次没跟我上飞机,应为太小了, 5个月大小啊, 机场移民局的说,这周让我们过去谈谈,我们应该怎么说呢? 谢谢。。。

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