Legal Question in Immigration Law in Canada

Immigration procedure

I have been living in America as a permanent resident, along with my second husband and son from first marriage. My son is 9 and completely dependent on myself and my present husband. we are receiving no support from my exhusband.

My exhusband, citizen of India, is immigrating to Canada.

Recently he informed me that,for his application procedure, he needs my son to get his medical assessed by designated doctor in the USA.

He claims that this is a formality for application, since he had to state that he has a son, and if he has a son then his medical must be submitted.

He says that he will not be issued a visa unless this formality is complete.

He has not asked for any other documentation.

Is it really true that my son's medical would be required to apply for his immigraton?

1) My son is in my custody and resides with me in USA 2) My exhusband has never and is not now sending any support in financial or any other form for my son hence my son is NOT a dependent on him.

3) I am not sending my son to Canada to visit.


Asked on 3/11/04, 12:45 pm

3 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Immigration procedure

Why don't you ask some representative from the Canadian embassy or a counsular office?

Read more
Answered on 3/11/04, 4:51 pm
Myron Morales Lee Lane Smith LLP

Re: Immigration procedure

No, only the medical of the person immigrating will need a medical. You may want to file some paperwork with the U.S. State Department to prevent a passport being issued to your son without your permission.

[email protected]

Read more
Answered on 3/11/04, 5:09 pm
Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: Immigration procedure

SIMPLE ANSWER: NO! as a matter of fact I would make sure that he is not trying to take your son with him... when you file immigration papers all you need is recent photos, birth certificates (or some explaination of why you cannot produce them... people get creative).... nothing that you or your son need to sign unless he is disclosing that he does not have custody!!! so it would not be a bad idea to make sure that no passport is issued to your son without your consent. State Department would be a starting point. Have your eyes open at all times in this situation.

GOOD LUCK,

Tiziana Ventimiglia

Read more
Answered on 3/14/04, 11:39 am


Related Questions & Answers

More Immigration Law questions and answers in Canada