Immigration guide: Why using an assumed name can pose problems

Special to the Filipino Reporter, a content partner of GMA News Online Q. I entered the USA as a worker using an assumed name. My work permit is under the assumed name but all my educational degrees are under my real name. I have a job offer from a restaurant in Vancouver and want to work in Canada. Do you see any problems? A. Yes, whenever someone misrepresents themselves, it is always a problem. The question now is whether it is fatal to your pending work permit application in Canada. To answer that I would need to know more information but in general the strategy would be to decide where you are going to process the application and on what documents you will rely to support your application. It is never a good idea to lie on any application as future applications are compromised as you can see in your case. Best to obtain professional help where your lawyer can review all documents. Q. I entered Canada as a permanent resident 10 years ago. I had a child from a previous relationship which I did not declare. I tried to sponsor my daughter last year but was refused because they told me that she was not part of the family class since I did not tell immigration about her when I applied for permanent residence. I am okay with that. However, this week I just received another letter from immigration asking me to attend an interview because I misrepresented myself. Is this a deportation order? Will I be deported? I am married with three Canadian children. Can they really force me to leave? A. Yes, they can. Canada Immigration can deport you on the basis that you did not tell the truth upon landing. Will they? That is another story. It seems that this initial interview is the start of the removal process but it is not a deportation order (yet). It could turn into one. You seem to have strong ties to Canada which may prevent you being removed but it will take some work to overcome all this. You will face a few more hearings and an immigration judge will likely make a final decision. Obtain professional assistance as soon as possible. Q. I applied for permanent residence as an electrician about five years ago while I was living in the Philippines. Last year, I entered the USA on an H1B visa. Shortly after I came to the USA, the Canadian Embassy sent me a letter to attend an interview in Manila. I ignored it because I was here in the USA. I assume they just closed my file. I want to re-activate it. It seems that my company may not be in a position to continue my employment for two more years given the poor economy. I now want to immigrate to Canada. Will they be able to re-open my file? A. I would have to say no. Firstly, if they called you for interview and you did not attend, they likely assumed you were no longer interested in immigrating and closed the file. Secondly, that file was in Manila. Do you really want to go back to Manila just for an interview? It is best to re-apply and file in the USA. From the information provided, you may be eligible for the fast track under the Federal Skilled Trades Category and you can be an immigrant in 12 months. Q. I entered Canada over a year ago as a live-in caregiver. I have never stopped employment and I will be eligible to apply for permanent residence by next summer. I am now involved with a same-sex Canadian citizen. My partner wants us to get married and for me to leave my employer. I do not know if that is best for me as I feel reluctant to file a same-sex application. Will immigration refuse my work permit application when I renew it if they know I am married? Is it best to apply as a sponsored spouse or should I wait until next summer? A. Since you have worked for over a year under the live-in caregiver program you may wish to consider having both applications going on at the same time. I do not know if your fiancée will like that but it is probably in your best interest. That is, try not to leave the live-in caregiver program unless you are absolutely sure of the marriage. While it is rare, if the sponsorship breaks down and you leave the caregiver program, you will have nothing left. I therefore suggest you get married and file the sponsorship but keep on working as a caregiver. On the other hand, if you have no reservations about the genuineness of the relationship, you can marry and file for permanent residence as a spouse of a Canadian and then change your current work permit to a visitor next time around. - Filipino Reporter Atty. Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario. The above article is general advice only and is not intended to act as a legal document. Send questions to him by e-mail: canada@moyal.com or call toll-free: 1-888-847-2078.