Vancouver Mandarin Chinese Immigration Appeals Lawyer

Navigating the immigration process is hard enough. Why do it in your second language, when you could do it in your first?

Chinese Lawyer Vancouver will help you or your loved ones manage the immigration process. All of our lawyers speak Mandarin, which means you will understand every step in the process and get the help and advice you or your family members need to come to Canada or stay in Canada.

Each of our immigration lawyers are well-versed in the appeals process, and can help you take your next steps. 

The Complete Immigration Appeals Process

The appeals process depends on your legal status at the time that your application is denied.

The Appeal Division of the Immigration and Refugee Board (IAD)

Permanent residents facing deportation or the sponsor of a relative who was refused entry may appeal to the IAD. You may also appeal to the IAD if you are a permanent resident who is being accused of failing to meet your residency requirement. Sponsors may appeal on behalf of the foreign national they are sponsoring. 

You are ineligible if you were sentenced to a term of imprisonment exceeding six months or more. 

We will begin sending evidence at least 20 days before the hearing. The Minister’s Counsel will have the chance to answer the evidence. Your case may be referred to alternative dispute resolution. If the matter is resolved in ADR you will not have to have a formal hearing. 

If ADR is not scheduled, or if it fails, you will receive a hearing. You will affirm to the court that you are telling the truth. You will also be asked to give your own version of events. Your immigration appeals lawyer will prepare you for this, and will help you by asking questions that will lead you through the narrative in an effective way. You will then be cross-examined by the Minister’s counsel. We will prepare you for that as well.

As we prepare for the hearing we will help you find witnesses. This could be anyone who can help testify that the facts of your case are true. The Minister’s counsel may also offer witnesses, and your counsel will cross-examine them as well. 

The Federal Court of Canada

If you receive a visa refusal, then you can place your case between the Federal Court. Refusals of visitor visas, student visas, work permits, admissibility decisions, and refusal of humanitarian and compassionate cases. 

The first step in the process is usually to gain access to the reasons for the refusal. You’ll have to file with the Federal Court or send an information request online. Your lawyer will have to file the appeal. You have just 15 days to send a Notice of Appeal  if you are inside of Canada. If you are outside of Canada, you will have 60 days. 

Your case will be challenged via Judicial Review. The court will determine whether immigration officials exercised procedural fairness and whether their decision was reasonable in light of the evidence. 

The Refugee Appeal Division

The Refugee Appeal Division (RAD) may be the right choice for those who have a rejected refugee claim. You have just 15 days to file the Notice of Appeal. 

Within thirty days, you must file an appeal record that includes your completed Refugee Appeal Division form, your affidavit, new evidence, new exhibits, and a “memorandum of fact and law” that explains any errors made by immigration officials. 

You will not necessarily get a hearing. Your lawyer will need to present new evidence when you file the appeal. 

You cannot offer just any evidence when appealing to the RAD. The evidence must not have been extant when the Refugee Protection Division (RPD) denies your claim. That evidence must not have been reasonably available when your claim was rejected, and the RPD couldn’t have expected the claimant to provide the evidence at the time when they were rejecting the claim.

Common Reasons for Visa or Permanent Residency Refusal

There are several reasons why your visa might be denied.

• Immigration officials have reason to believe you committed fraud or misrepresentation on your application.
• You missed certain deadlines for submitting forms and applications.
• You’re not eligible for criminal reasons or for health reasons.
• You failed to supply proper evidence. 

If you have reason to believe that immigration officials have the facts wrong, tell your immigration lawyer right away. We will need to begin working to correct the facts. 

Why You Need a Vancouver Immigration Appeals Lawyer

The immigration appeals process is extremely complex. Even a simple mistake can cause you to lose your permanent residency, or your chances of coming into Canada. 

You will need a lawyer who knows how to argue your case effectively and who knows the rules and procedures of each body that governs the process. Attempting to represent yourself can easily result in the loss of any immigration benefit. Things that seem sensible for a layperson to say can often create legal quagmires.

Never try to tackle the immigration process alone. Many of our clients are those who tried to do the job themselves before they came to us. 

FAQ

How long does an immigration appeal take in Canada?

It can take many months for your appeal to be heard, but once your appeal is filed you can generally stay in Canada until it is complete. We will help you attain the “stay of removal” that will allow you to keep your stay legal. 

We will work with you during this time to build your case and gather the evidence you’ll need to give you the best chance at success.

Any evidence that is “credible and trustworthy” can be considered. 

What kind of evidence will help my immigration appeal?

There are many kinds of evidence that can help, depending on what has caused the adverse immigration decisions. Travel tickets, bank statements, communication between you and your partner, bills shared, photographs, and affidavits from neighbors, friends, and community members may all apply. 

Every case is different, and our lawyers will share the list that will help in your specific case. 

Who is ineligible to appeal? 

You cannot appeal if you or the person you are attempting to sponsor cannot appeal the decision if you have been convicted of a serious criminal offense that is punishable in Canada for a term of at least ten years, whether or not that offense was committed in Canada or outside of it. 

You also cannot appeal if you were a member of an organized crime ring, if it is determined that you are a security risk, if it is determined that you have ever violated someone else’s human rights, or are found to have put in a fraudulent immigration application. 

There are a few ways to overcome criminal inadmissibility. Withdrawn or dismissed charges may allow you to overcome the challenge, as would any case in which you were granted pardon. If your conviction happened between the ages of 12 and 18 then you may be classified as a young offender. Young offenders may be given the chance to receive immigration benefits from Canada. 

You may also be able to overcome this challenge by applying for rehabilitation. You can do this if 10 years have passed since you completed the sentence or sense you committed the offense. Challenging your ineligibility will generally lead to an admissibility hearing. 

What happens if I’m being held by CIC? 

If you’re being held by Citizenship and Immigration Canada then call us immediately. We will find out why you’re being held, and seek your release so that you can begin working with us to prepare your appeal. 

What happens after a successful immigration appeal in Canada?

Immigration, Refugee, and Citizenship Canada will continue processing your case. In general, a successful appeal will mean that your application will be approved in time, as you would have met almost any challenge that could be made to your application during the appeals process. 

What happens if my immigration appeal is denied?

If your immigration appeal has been denied you will most likely be removed, or, if you are not in Canada, prevented from entering the country. For many people, the appeal is the absolute last chance to remain in the nation. 

If you are a permanent resident whose appeal fails, then you could lose your permanent residence status and be deported, even if that takes you away from your job, home, and family. It is very important for you to take the immigration appeal process very seriously indeed. 

Why Choose Us?

Your results will be better if you work with an immigration lawyer who will speak to you in your native language. We also have decades of experience helping other Chinese immigrants attain their dreams in Canada. 

Going to an immigrations appeal lawyer is the very first step that you must take before filing any appeal. We will review your case and file your appeal, then begin the process of gathering evidence. 

Chinese Lawyer Vancouver serves clients in Vancouver, Abbotsford, Langley, Surrey, and White Rock. Call to set up an appointment today.