Vancouver Mandarin Chinese Immigration Litigation Lawyer

Vancouver Mandarin Chinese Immigration Litigation Lawyer

Vancouver Mandarin Chinese Immigration Litigation Lawyer Featured Image

Immigration litigation is the process you go through when you want to appeal or change an immigration decision. The process is not an easy one, and takes a great deal of time and expertise to resolve in your favor.

If you are a Chinese immigrant with an immigration litigation case, then our team can help you. Our lawyers speak Mandarin Chinese fluently, which means you can complete your case without facing a language barrier. If you are trying to help family members who don’t speak English then you can hire us knowing we can communicate smoothly with them, as well.

Get the help you need by contacting us today.

Types of Immigration Litigation

We pursue multiple matters, including:

  • Admissibility Issues
  • Immigration Appeals
  • Refugee Claims
  • Removal Orders

Each of these matters proceeds a little differently depending on the specifics of the case.

Admissibility Issues

Most people who are declared inadmissible have criminal issues in their past. Some have medical issues.

We can defend these issues if the immigration authorities have gotten the facts wrong. There are also some forms of relief for certain former criminal defendants, such as those who were youth offenders or who are eligible for rehabilitation.

Immigration Appeals

Appeals fall into four categories. Generally we see family or spousal sponsorship appeals, residency obligation appeals, removal order appeals, and refugee appeals. 

One of three different appeal bodies may hear these cases depending on which type you have, but all of them come with strict deadlines. In most cases you have just 15 days to file a Notice of Appeal. If you have received a denial or if your residency requirement has come into question, you should contact us right away. 

Refugee Claims

It would be nice to think that everyone who needs help will receive a warm welcome in Canada. China can be a frightening environment to many people, and many people are under active persecution there.

Yet it is not easy to make a refugee claim, and a lot can go wrong. Maximize your chances of finding shelter here in Canada by reaching out to our office for help with your claim. 

Removal Orders

If you intend to fight a removal order you will need a truly skilled litigation lawyer by your side. We’ll have to move fast to protect your ability to remain here in Canada, beginning with securing a stay of removal so you may remain in the country while fighting your case. 

If you or a loved one has been detained by CIC we will work hard to secure your release. We will help you through your pre-removal risk assessment and work hard to defend your right to stay in Canada. 

The Complete Immigration Litigation Process

The process depends on who is hearing your case.

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

Who is eligible:

  • Permanent residents facing deportation; or
  • The sponsor of a relative who was refused entry; or
  • Permanent residents accused of failing to meet residency requirements.

The process:

  • We file a Notice of Appeal on your behalf.
  • The case is referred either to alternative dispute resolution (ADR) or a hearing is scheduled.
  • If the case cannot be settled in ADR, a hearing date is set.
  • 20 days before the hearing your lawyer sends the evidence you’ve gathered, any credible evidence that pertains to your case. 
  • On the hearing date, you, your witnesses, and the Ministry’s witnesses will be questioned and cross-examined. Evidence will be examined and introduced.
  • The IAD makes a decision either to approve your appeal, deny it, or stay it long enough to have another hearing.

The Federal Court of Canada

Who is eligible:

  • Those who have been refused for a non-immigrant visa such as a student visa or work permit; or
  • Those who have had their humanitarian and compassionate relief cases denied.

The process:

  • We file a Notice of Appeal on your behalf.
  • The lawyer files paperwork which tells the court that it is believed that there was an error of law, a procedural fairness error, or that the decision was unreasonable in light of the evidence.
  • The Federal Court reviews the case and determines whether your appeal should be granted or denied.

The Refugee Appeal Decision

Who is eligible:

  • Those who have a rejected refugee claim.

The Process:

  • We file a Notice of Appeal on your behalf. 
  • We file an appeal record on your behalf. This includes your completed RAD form, a statement of fact from you, our memorandum of fact and law which discusses the new evidence and exhibits as well as the mistakes of fact or law we believe was previously made in your case. 
  • A hearing may or may not be offered. 
  • Evidence must be new and not reasonably available when your claim was rejected.
  • The RAD will either approve or deny your claim.

Why You Need a Vancouver Immigration Litigation Lawyer

Like any litigation, immigration litigation is exceedingly complex. 

Our team has been tackling some of Canada’s toughest cases for over two decades. We’re known for being fierce, well-prepared litigators who are ready to defend you and your interests.

It is absolutely impossible to successfully launch an appeal on your own. You must know decades of legal precedent, the rules of evidence, the types of arguments the court will accept, how to question and cross-examine a witness, and how to write an appeal. 

Get help from our firm today. Even a small mistake can end your dreams of remaining in Canada forever.

FAQ

Why might my visa be refused?

Most applications are refused because immigrations officials have reason to believe you are criminally inadmissible. This means that you may have committed a crime, either in China or in Canada, which would be punished by ten years of prison or more by Canada’s laws.

Another common reason is misrepresentation or an attempt at immigration fraud, or the belief that these things have taken place. If, for example, you are sponsoring a common law spouse and immigration officials don’t truly believe that you and your spouse have a romantic relationship then you are going to have to provide credible proof that a bona fide relationship does exist. 

Another example is if you applied for a visitor’s visa while intending all along to try to convert it to a work or study visa later, but did not indicate this on your initial application. While dual purpose visas are sometimes permitted, it is very important for Canadian officials to belief that you truly do mean to leave the country when you say you intend to do so. 

Some reasons are more mundane. Every part of the immigration process is managed through a series of strict application deadlines. If you miss a deadline, your application can be denied.

Failing to supply proper evidence is another common reason for immigration trouble. This can often be remedied by providing said evidence, though not doing it properly the first time can delay your application unnecessarily.

What kind of evidence will need to be gathered?

It depends on the hearing type. If it is an IAD hearing then any evidence which is considered to be “credible and trustworthy” can be considered. 

If it’s a Refugee hearing then the evidence must be new. It must not have existed at the time of your denial and you must not have been able to reasonably attain it prior to your appeal.

After those conditions are met, there is a wide variety of evidence that can play a role in immigration litigation. If you’re trying to prove a relationship, photos, travel tickets, bank accounts, shared utility bills, shared leases or mortgages, and communications between yourself and your partner may all suffice. So may the testimony of family, friends, religious leaders, community members, and others who can testify to the fact that your relationship is real.

When we work with you we will give you a list of the evidence that is likely to be most useful in your case. 

Why Choose Us? 

Our team has extensive experience with immigration litigation. We have helped thousands of Chinese immigrants secure and defend their rights to stay, work, live, invest, and pursue an education here in Canada. We have reunited families, helped corporations build global teams, and have pursued numerous successful appeals. 

We do it all in Chinese, so that you always feel like you are in the loop and comfortable through an otherwise stressful process. 

The immigration litigation process is extremely complex. Even a simple mistake can cause you to lose your permanent residency, or can deny you your chance to come into Canada. You could lose valuable opportunities without help from an expert firm like ours. 

Contact us today to set up your first appointment. We are ready to help you in any way that we can.

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

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Please note: The information provided on this website is Not Legal Advice. The information may or may not be accurate. The information is for discussion purposes only. Reliance upon any information provided would not be grounds to advance a claim against Chinese Lawyer Vancouver for providing any advice. In order to get a formal legal opinion upon which you may rely about any specific fact scenario, you would have to first retain the services of a lawyer and request a formal legal opinion.