31.7.10

In which it all falls to bits.

Well, a super shitty few weeks on the immigration front, and I don’t mean in Arizona or Utah.

No, no – we’re gone from the US, but we still get to live the US immigration experience every day.

First, I’ve been struggling with the possibility of having to apply for “the waiver.” For me, the waiver of inadmissibility is my last resort, because I am philosophically opposed to the government dictating whether or not my marriage rises to the level of what they consider significant enough to honor. I know that everyone has different views on this, but for my own situation, my marriage is between my husband and me. Not between my husband, me, and some guy at USCIS.

But I recognize that there might be some situations in which I would have no choice but to apply. If my health or life were on the line, I would very seriously consider it.

Cut to the constant, gnawing abdominal pain I’ve had for the last 5 months – almost since I arrived in Brazil – with a number of delightful accompanying symptoms (none of which are fit for polite conversation, so I will spare you). I managed to brush it off for the first few weeks (months), telling myself it was the water or the food or my seriously augmented bean intake, but when you’ve been sick for 4 months, you have to accept the fact that you’re not going to get better on your own. So no matter how much you just don’t want to know, how horrid your health insurance is to you when you plead for their assistance, and how much more you prefer teasing a grizzly bear while dressed as a ribeye to going to the doctor’s office, you also accept that your only recourse is an MD.

Leo, of course, has been trying to drag me to the doctor since it started. I am, however, a very stubborn person. Cabeçuda! he calls me.

Of course, when I finally went to the doctor (a whole post in and of itself), he showed an unnerving amount of concern and requested more than US$2000 in exams – from blood tests to abdominal ct scans to (gulp) a colonoscopy. He then proceeded to list off a half dozen potential ailments that could kill me dead with terrifying efficiency.

Oh my God, I thought. I’m going to die. I proceeded to tell almost no one about my death sentence, and swallow my massive anxiety and mental images of my impending funeral over the course of several weeks, several thousand dollars, and several heebie jeebie-inducing tests.

I guess I shouldn’t be surprised that the doctor’s conclusion was stomach ulcers.

So, for the time being, no waiver and no death – thank goodness. But it made for a really nerve-wracking couple of weeks. Although, I highly recommend general anesthesia; I want to always never remember my doctor’s visits.

The day that I got the good news (that death was not, in fact, imminent) I was ecstatic. But I didn’t feel better. I had a different gnawing sensation in my gut.

Guilt.

We’re going to actually do it, I thought. While most exiles watch their dreams crumble, their bank accounts dwindle, and their families pop and stretch at the seams, it looked like we’d get to go to Canada – healthy, well-funded, on our way to achieving our goals, and, above all, together.

I realized that I’d been so convinced that there was something seriously wrong with me because, well, no one gets this lucky!

With an (almost) clean bill of health and only a month to go, I couldn’t help celebrating a little, too; we just needed Leo’s FBI clearance on time, and we’d be as good as Vancouverites!

Well, you heard it here first: no one gets this lucky.

There’s a very good chance that Canada may not happen for the exact same reason that countless border-crossed lovers find themselves facing exile in the first place: with all of the good intentions in the world, we checked the wrong box.

The story starts 3 years before I even met Leo.

For undocumented immigrants in America, getting pulled over (and harassed for driving without a license) is par for the course. Everyone drives because essentially all of the jobs that undocumented immigrants do – from house cleaning to construction to, in Leo’s case, auto detailing – require that they drive from job site to job site. At least in Massachusetts, immigrants can buy insurance (indeed they are required to do so) and register their cars, but they are not legally allowed to drive because they can’t get a US license (which isn’t to say that they don’t have legitimate licenses from their own countries).

That they drive (in Leo’s case, around 200 to 300 miles per day) also means that they’re pulled over, like we all are from time to time. But for undocumented immigrants, a routine traffic stop can be the beginning of a family frayed, the beginning of a long journey hundreds of miles away, and, it seems, a routine traffic stop can also be the end of my dreams of professorhood, a middle class developed world lifestyle, and Canadian residency.

In 2005, Leo got pulled over, showed his Brazilian license, and was taken to the police station, where he paid a fine and left.

“Were you arrested?” I asked in 2009 as when we sorted out our options at our dining room table in Medford, Massachusetts, “Were you actually convicted of anything?”

“I have no idea!” he told me, “I didn’t speak English. I didn’t know what was happening; I just paid them and left.”

So before leaving the US, Leo and I solicited our Massachusetts criminal background checks, assuming both that we’d need them for our Canadian visas and that it would answer the question of whether Leo had been actually “arrested” or “charged” in 2005.

His Massachusetts record came back clean.

So, when we were filling out our Canadian visa applications, we checked “NO” next to the criminal record question.

Fast forward to tonight, when my mom received Leo’s FBI record letter in the mail stating that he had been “arrested for operating a motor vehicle without a license” in 2005.

Even before I met Leo or thought of going to Canada myself, I’d heard that surest way to get a Canadian visa denied is a criminal record. I’ve received anecdotal evidence to the same effect just this evening from a dear friend. No doubt, looking like you weren’t telling the truth probably just increases the swiftness and weight of the “DENIED” stamp.

It’s pretty humbling to watch your whole world and all of your prospects lurch and tumble on the foundation of a paper square occupying not more than a few millimeters on a bureaucratic form.

But there it goes: goodbye Canada. Goodbye grad school. Goodbye academia and water governance. Goodbye to my dishes waiting for me in the back of my Subaru. Goodbye living an hour from my mom’s cabin in Washington State. Goodbye to a lot of very comforting numbers, odds, and daydreams.

With no other ideas on the table, we’re just going to turn everything in and hope for the best, but a visa would be a miracle.

13 comments:

  1. "It's not over till it's over" so hope for the best. Even if there is no miracle, you only lose a battle but not the war.

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  2. Oh Corin....this is a let down for all of us "cheerleaders". It also really makes me wonder about my husband's record that was always "cleared"...or was it? Let's join in Deportee's Wife's crusade! Let's make some noise!

    I am sure you are now faced with many new and daunting decisions and so I will keep you in my prayers. I'm so sorry.

    Abraco,

    Jane

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  3. (Hugs) I'm so sorry. Have you considered talking to a Canadian immigration attorney to go over your situation and get some advice on how to handle it? I know it's very different, but for US immigration there is an opportunity to "correct" what you put on a form if you realize you did something wrong. It may help to try to be proactive and correct/disclose Leo's record.

    Try and take care of yourself, and please don't think you don't deserve the happy ending you've worked so hard for! Please let me know if there's anything we can do.

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  4. I second the "It's not over until it's over" sentiment. Sometimes the person working the immigration counter actually engages to learn about your details/reality and simple errors are accounted for and fixed.

    I totally get the teeth knashing that starts when the government is deciding if you are "really" married. Why is it that movie stars can marry and live in different cities -- or different countries! - and their marriage is 'real' - or Brittany Houston can get married on a bender in Las Vegas and she is considered married? And those of us who marry for love have to be evaluated and approved (or not). Repulsive.

    Hang in there! Good luck.

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  5. *hugs hugs hugs*

    I third the "It's not over until it's over" sentiment.

    What about speaking to an immigration solicitor/lawyer? I'm not an expert on any of this stuff, but I find it a bit odd that the Massachusetts background check came up clean while the FBI one did not - especially concerning an offense that happened in the state of Massachusetts within the past 10 years. What might a professional say about this discrepancy, and would it be something you could use in your favor (if you are given a chance for review or appeal)?

    Do you have a copy of the MA report (attested, if possible)? If so, and it doesn't have anything recorded, would you be able to use that as evidence that deception was not used when you applied for the visa?

    As for the criminal record - does Canada refuse visas for any and everything that could appear on a criminal record? Or must an offense have a certain level of severity to be relevant to the decision? If the latter, perhaps his offense would not trigger an automatic refusal?

    Also, does Canada have any rules along the lines of: after X years, the offense is considered spent or rehabilitated, and the applicant is eligible once again to apply for a visa? If so, that might be something else to look into?

    Best of luck you guys!!!

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  6. I have absolutely no advice for you and can't even imagine what you're feeling, então, só queria mandar uns beijos...tenho confiança que, numa maneira ou outra, todo dará certo.

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  7. It definitely aint over til the pleasantly plump lady sings! We're with ya, baby, and we're rooting hard for the two of you!

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  8. Ditto the previous posters. And does Canada really reject people for such a small thing? Either way, glad to hear your health isn't jeopardized, but stress is awful for ulcers. Cuidate mucho!

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  9. So sorry to hear this, Corin :-( But I agree with the rest - don't give up! I'm praying that everything works out for the best. Take care and keep us posted!

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  10. I agree with Emmy´s comment, provide a timeline with relevant documentation proving you did not intend to mislead in any way. It is your good name in the end regardless of outcome.

    So sorry to hear about this. I hope all is well with you and your spouse.

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  11. Hello everyone! I so appreciate the well wishes and positive thinking. Whether or not Canada happens, please keep us in your thoughts (so many of you are in ours; we're in this together)!

    I'm in the process of trying to get advice from lawyers, but the good news is that we actually had already turned in the clean Massachusetts records with the original application.

    I don't know whether Canada would deny a visa for such a small (and common, if you have any experience with the immigrant community in the States) offense. What worries me most is that we checked the "no" box next to arrest of criminal charge. I believe that is what puts us at the mercy of the visa officer even though it was checked in good faith. At least in the US immigration world, false pretenses can get you a lifetime bar.

    I would be delighted were Canada to have a radically different take on this, but I'm not holding my breath.

    Even so, your support goes a long way! Thank you!

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  12. Corin, don't lose hope yet! This seems like a setback, but like the others said, you won't know that until you've tried. I'm the most cynical one of them all, due to my own family's immigration experience, but even I have faith that there's still hope for you in Canada. Let this disappointment sink in for awhile, but then get to work making sure it doesn't define your future!

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  13. P.S. I'm not a big legal expert on these things, but I believe in most places, driving without a license is a CIVIL violation and that's why it wouldn't have shown up on the Massachusetts criminal record. I honestly think you don't have to think of this as the end of your Canada future!

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