Q. I have been an illegal immigrant for a few years now. I consider
myself young, university educated and experienced with much to offer to the work
force. I made the mistake of listening to too many people and before I knew it
my status expired. I then tried to appeal and was refused. I am working “under
the table” to feed my family and children. I do not want to live in this manner
my entire life and want to legalize my stay. What can I do without being put in
detention. My parents think that I am a permanent resident as I lied to them
about my stay. I am too ashamed to tell them that I have no status all these
years. I need your advice and would appreciate it if you did not contact
immigration about my situation.
I find your letter quite interesting as it touches upon several areas and quite
helpful to others in similar circumstances. I believe the utterly most important
aspect of your letter (as least to me) involves the relationship between a
lawyer / client / immigration. Some people are of the opinion that immigration
lawyers are simply a branch of the immigration system and the government. This
is not true. Immigration lawyers (as with all lawyers) are on your side.
Immigration lawyers will not stab you in the back and contact the government to
secretly deport you. Lawyers take instructions from their clients and act on
behalf of their clients. Therefore, there is no possibility that I would ever
contact immigration without your permission.
Secondly, you have mentioned that you are illegal and want to legalize your
status. From the information provided, I can pinpoint a few options:
1. You have stated that you are working to support your family. Are you married
to a permanent resident or citizen? If yes, it is possible that your spouse can
sponsor you, regardless of whether you are illegal.
2. As an educated and experienced worker, it may be possible for you to apply
directly as an immigrant. You do not need a sponsor. You also do not need to be
legal to file the case. You do however need to qualify under the category.
3. If you are working at a company and the employer is able to demonstrate that
your skill is in demand and cannot hire locally, it may be possible to obtain a
work permit.
Finally, my utilizing some of your options it will be unlikely that you will be
detained. However, by not acting fast you will eventually be caught. There is no
way of knowing when immigration will come after you so timing is crucial.
Attorney Henry Moyal is a certified and licensed Immigration Lawyer in Toronto,
Ontario. The above article is general advice only and
not intended to act as a legal document. Send questions
in confidence to Balita or to Attorney Moyal by fax,
mail or email canada@moyal.com
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