How to present USA denial wisely on Canadian PR appication??


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pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 27-08-08 16:07:17

Quote:
Originally posted by dudewheresmycar
LOL.. CHC does not run FBI check .. u send police clearence along with ur application..

Correct, and any criminal record will show up there.
Quote:
CHC verifies employment history only if it suspects fraud.. No such verification was done for me..
Just because it wasn't done for you and me doesn't mean it doesn't happen.
CHC in country where application is lodged does call employers to verify details.
Quote:
If they suspect something they will call for interview or ask for additional details, not go chase FBI and call employers..
But they do - that's the whole point.
CHC does not "trust" whatever applicants provide - they conduct their own checks.
That's what background/security checks are all about.
Canadian and US authorities are sharing more and more data in the present state of the world.
They are sharing everything from visa records, driving records, immigration details, etc.
Not just for immigration purposes but in general.

How can you say with confidence that if you do not disclose your previous US immigration attempt, CHC Buffalo will not find out?
Quote:
I140 rejection is no shadow.. it is a fact that has no value in a Canadian PR application especially since it has already been rejected..

Who are you to say whether it has or doesn't have value.
CHC is asking for that information, period.
There is a clearly worded question asking whether you have ever been denied for an immigrant petition in any country.

If you say no, you are lying.

Also, you were wrong when you said we are not giving any consent to CHC to pull up our history from other countries.
The consent is there in Schedule 1 of the application form.
You are also signing a declaration saying that all information is correct and that you are not concealing any facts.

What you are suggesting is to blatantly disregard all these declarations and make up our own minds on what to declare and what not to.


-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


dudewheresmycar   
Member since: Jan 07
Posts: 980
Location:

Post ID: #PID Posted on: 27-08-08 16:28:36


To Each person his own,In my opinion sometimes some facts are best omitted..

Will this person get his GC if he does not mention I140 rejection.. probably Yes..

Will it affect any thing in future.. probably not..

Will it make things more difficult if he mentions I140 rejection.. probably Yes

Canada is filled with people who came over on false immigration claims including refujee status, fake marriages..
Sometimes i think 20% of immigrants in brampton (where i live) is made up such false immigrations, considering the number of people i know with fake immigration ...

I think leaving the I140 information is a very small detail in my opinion..

U may think otherwise..






Quote:
Originally posted by pratickm

Quote:
Originally posted by dudewheresmycar
LOL.. CHC does not run FBI check .. u send police clearence along with ur application..

Correct, and any criminal record will show up there.
Quote:
CHC verifies employment history only if it suspects fraud.. No such verification was done for me..
Just because it wasn't done for you and me doesn't mean it doesn't happen.
CHC in country where application is lodged does call employers to verify details.
Quote:
If they suspect something they will call for interview or ask for additional details, not go chase FBI and call employers..
But they do - that's the whole point.
CHC does not "trust" whatever applicants provide - they conduct their own checks.
That's what background/security checks are all about.
Canadian and US authorities are sharing more and more data in the present state of the world.
They are sharing everything from visa records, driving records, immigration details, etc.
Not just for immigration purposes but in general.

How can you say with confidence that if you do not disclose your previous US immigration attempt, CHC Buffalo will not find out?
Quote:
I140 rejection is no shadow.. it is a fact that has no value in a Canadian PR application especially since it has already been rejected..

Who are you to say whether it has or doesn't have value.
CHC is asking for that information, period.
There is a clearly worded question asking whether you have ever been denied for an immigrant petition in any country.

If you say no, you are lying.

Also, you were wrong when you said we are not giving any consent to CHC to pull up our history from other countries.
The consent is there in Schedule 1 of the application form.
You are also signing a declaration saying that all information is correct and that you are not concealing any facts.

What you are suggesting is to blatantly disregard all these declarations and make up our own minds on what to declare and what not to.



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 27-08-08 16:33:21

Quote:
Originally posted by dudewheresmycar
To Each person his own,In my opinion sometimes some facts are best omitted..
Canada is filled with people who came over on false immigration claims including refujee status, fake marriages..
Sometimes i think 20% of immigrants in brampton (where i live) is made up such false immigrations, considering the number of people i know with fake immigration ...

I agree with that, sure.
It's a percentage call.
i.e. probability of getting caught vis-a-vis the consequence of getting caught.
If probability of getting caught is high, but the consequence is minimal - then sure.
If probability of getting caught is low, but the consequence is serious - is it worth the risk?
That's a personal call.


-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


bc2on   
Member since: Jul 08
Posts: 204
Location: Markham

Post ID: #PID Posted on: 27-08-08 19:34:13

I applied for Ca immigration at the time when I did nto need a US visa and used to have AP to travel meaning I was at the last stage adn about to get GC. I got CA approval faster and even though I had to mail my legal status with CA application which was clearly a pending I-485 application.
At that time there was no concurrent I-140 and 485 meaning my I-140 was already approved.



dimple2001   
Member since: Apr 04
Posts: 2873
Location: Western Hemisphere

Post ID: #PID Posted on: 28-08-08 09:54:32

Quote:
Originally posted by leo21873

Hello Friends,

I have been frequenting this forum lately and really appreciate the way strangers are helping each other with the immigration concerns. I too am hopeful about honest, wise feedback from all of you regarding my concern.

Can anyone advise on how to present a US I-140 Denial wisely on the Canadian Background declaration form where they ask \"whether your resident status has been denied in any country\"??. My resident status in US was denied last year as a result of I-140 denial for some reason as I had filed them concurrently. I am pursuing Canadian PR and wanted some intelligent feedback regarding the same. I request all of you to help me, if possible, in this regard. Thanks in advance.

Also does USA denial adversely impact Canadian PR prospects??



Since 140 approval is a prerequisite for 485 adjudication, concurrent filing in the eyes of the Govt may not mean much. So, can you find out why 140 was denied?

Since 140 is your employer's petition on behalf of you, it is highly likely that the denial was based on information that was requested from your employer and your employer was unwilling or unable to provide. Ex: Corporation's Tax filings and annual financial info.

If the above is the case, you may be able to state in your Cdn application, something like "your employer's petition was denied due to employer unable to support request for evidence"

Also, it might behoove you to find out if anything in your 485 filing caused 140 denial (although, I think that is unlikely). Because 485 is where medical, criminal and immigration status eligibilities of you are asked for.


-----------------------------------------------------------------
Dimple2001


bc2on   
Member since: Jul 08
Posts: 204
Location: Markham

Post ID: #PID Posted on: 17-10-08 16:49:36

CIC will ask for FBI clearance.
No need to worry about I140 deniel.
criminal cases are looked at negatively but it depend what type



Contributors: pratickm(5) dudewheresmycar(4) bc2on(2) leo21873(1) dimple2001(1)



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