FOSS notes, part II

July 30, 2007 brings another large, brown envelope from my paper worshiping Canadian government employees at my local CIC office. I wasn't really expecting this one, so I am curious. I open it to find a letter with some attachments. The letter reads, in part:

This is further to correspondence sent to you on July 16, 2007 from J. Kourakos, Acting Privacy Co-ordinator, Etobicoke CIC.

I have had an opprotunity to review the information withheld by Ms. Kourakos. As a result, I am pleased at this time to be able to release three additional documents to which you are entitled under Section 12(1) of the Privacy Act. Certain information contained therein qualified for exemption pursuant to Section 26 of the Privacy Act. A copy of the relevant section of the Act is enclosed for ease of reference. The two remaining documents will be forwarded to the Access to Information and Privacy Division, National Headquarters in Ottawa, for their consideration.

The 3 pages I received show my husband and my son and 'related secondaries' whatever that means and my medical results. Well, not the actual medical results, just some codes for the medical which list me as 'passed.' I am curious why no medical results for my son are included and I am even more curious about the still missing 2 documents referred to in the letter.

The medical has me puzzled and pissed. I remember calling CIC and asking them about my medicals and they advised me that they had not been reviewed. Seems a bit more than obvious that they have the information and it is a 'pass.' Either the Call Center agents have no idea what they are doing or they don't want me to know anything about my immigration status. Or both.

FOSS notes received, part I

The same day that I received the deportation threat from my friendly CIC agent, I receive a large brown envelope from CIC. The envelope had a return address of the local CIC office. Inside where several pieces of paper. The cover letter reads, in part:

This in in response to your request for personal information made under the Privacy Act which was received by Citizenship & Immigration Canada on 04 July 2007.

An extension of up to 30 days beyond the 30 calendar day statutory time limit will be required to respond to your request. The extension is being applied in accordance with subsection 15(a)(ii) of the Privacy Act.

Attached to that letter is a blank form entitled "Record Correction Request Form." Attached to that is 4 pages of computer print screens. The top of each of these print screens is labeled: Document Name: FOSS. Yippee! These are those FOSS notes, the ones that are supposed to identify the reason(s) for the delay of my file. Each page has only the top half with text and the bottom half is empty.

The first 3 pages basically give biographical data about myself. My name, date of birth, address, eye color, passport number, language preference, etc. Very non exciting stuff and things that I pretty much know about myself. On the last page, the page entitled "Work In Progress - Events" there is a bit more information. It reads:

Referred to CIC 07Nov2006
RPRF Fees Taken/Loan Applied 07Nov2006
Processing Fees Taken 07Nov2006
Deallocation occurred 07Nov2006
RPRF Fees Taken 07Nov2006
Processing Fees Taken 07Nov2006
IMM0703 - CSIS Check Req 16Jun2006
IMM0703 - RCMP Check Req 16Jun2006
Application in Process 16Jun2006
Application Received 15Feb2006

So, they ordered my RCMP (Royal Canadian Mounted Police) criminal check on June 16, 2006. They also ordered my CSIS check on that same day. The CSIS is a mystery to everyone. I know they preform the non-criminal part of the background check and they are probably looking to see if I am a member of some terrorist cell or some other group who gathers with the purpose of overthrowing the government. If was not a member of the latter group, I should be now, I think to myself. They applied my fees and thank the lord for that. I was worried they didn't get their money early enough in the process. And they transferred the file. I find these notes unhelpful and they just prove that they really haven't done anything with the file since the day they received it.

Deportation 101

Stardate 7.18.2007. I noticed before gathering all my forms for my MP meeting that I was missing the one piece of communication I had received from CIC: the letter from November 2006 that advised me that CIC had transferred my file. After ripping through the house a few times, I decide that I should request a copy. I venture forth and prepare myself for the 30 minute hold time with the Call Center.

I finally reach a live body (and I use that term loosely) and go the the game of 20 questions to verify my identity. I inform the agent that I need a copy of the letter from November 2006 that advised my file had been transferred. He pauses for a minute and states, "I see you have no status currently. I will be calling and requesting a deportation order be issued."

I am at first stunned, but having had my fill of completely useless phone conversations with the paper worshiping Canadian government employees, it wears off quickly. I think that visiting my family back in the States would be a good thing for me and I wonder if I can now do this on Canada's dime. After all the fees I have paid, it should at least buy me airfare. I keep these thoughts to myself and respond, "Do what you have to do, but can you mail my copy of the letter please?" He says he will, the adds "Is there anything else I can do for you?" I think this to be an odd question at this moment, but reply, "No, I think you have done enough." and hang up the phone.

I do not know what elicited this action from CIC, or the threat of this action. I have never been rude to these people. I have never sworn at them, although I do think they deserve that and much more. Maybe they are just tired of hearing from me. Regardless, I follow up with Len at the MPs office and advise him of this conversation and his only response is, "Don't travel outside the country. The deportation process is long and it is only after a judge issues the order can you actually be deported, but they can keep you from re entering Canada." Well, thanks Len! That was a comfort. *rolls eyes*

I am secretly wishing that the deportation order process does get underway. I haven't had any substantial communication from CIC since they acknowledged receipt of my application over a year ago. Perhaps if I can stand in front of a judge and point out how utterly ludicrous my situation has become, I can win some sympathy and the judge can order CIC to actually process my application. Perhaps I am just dreaming. I do feel like I have fallen into an episode of The Twilight Zone.

Got to love the politians

Early July 2007 finds me in our Member of Parliament's (MP) office. A MP is an elected official to the lower house of commons, or Canadian House of Commons. For you Americans, it is equal to a U.S. State Representative. I had read that sometimes these officials can be useful in lighting a fire under CIC's arses, so we thought, why not? We don't have much to lose at this point.

My husband and I arrive hopeful as this is our last gasp of air in this process. If this doesn't go well, we might as well pack up and move to Mars. Anyway, our meeting is not with the MP directly, it is with the MP's assistant. I shall call him Len. Now Len, looks to be freshly graduated from high school, but my husband and I sit at his desk, with a copy of our applications, birth certificates, passports, 8x10 color glossies with circles and arrows and a paragraph on the back of each one describing what each photo is, etc., and prepare to spill out our sob story. Len nods as he listens. Len tells us he can fax the CIC Etobicoke office and request the status. (He has the direct number to call them, just as he has the fax number, but he chooses the fax.) He informs us that it will take about 2 weeks before the CIC office responds and for us to call him back then.

The 2 week period passes and I call Len. Len confirms that he does have a response from the CIC Etobicoke office and the office says they do have our file and that they currently have a 12 month backlog. Len says "We have to respect that office's time line, so if you don't hear anything, say, by mid November, please call me and let me know. I can't do anything until then."

*sigh* I am completely drained.

Gotta know when to hold 'em, know when to fold 'em

Late June 2007 has a flurry of activity, on my part at least. Through this forum, I learned about ordering FOSS notes. These are the electronic notes made by immigration officers regarding an immigration file. I quickly mailed off my request for them. Perhaps these notes can shed light on what exactly the issue is any why my application is still sitting, virtually untouched for 16 months. I hope that these notes do not take years to get, but I don't count on it.

Also, I investigate the idea of withdrawing my application in whole and reapplying an 'outside' application, namely through the Buffalo NY CIC office. The outside applications have a consistent history of being processed faster than the 'inside' applications. I believe this is due to the way CIC frowns upon 'inside' applications, but who really knows for sure. In order to make an informed decision, I contact the friendly paper worshiping Canadian government employees and the Call Center. You would think that we are on a first name basis now, but sadly, we are not. I inquire about the withdrawal process and getting a refund. If Nemo has shown me anything, it is like bailing the Titanic with a thimble, and not likely to be successful.

I mentally prepare myself for the lack of information I am about to receive from the Call Center. Imagine my surprise when I reach a *gasp* helpful agent! His name is Phillip. I quiz Phillip for almost 45 minutes. He researches all my questions and takes at look at my file. He informs me that based upon my file, he thinks I should be eligible for a complete refund (less $75 processing fee that CIC keeps in any circumstance). He says that nothing has been processed on my file. He sees no notes on the medical exam either. I find this rather disturbing, that my file has been there for 16 months and some paper worshiping government employee took it out of one pile in Alberta and stuffed it into an envelope and whisked it away to another CIC office in Ontario where it sits unopened. I inform him that I had recently ordered my FOSS notes and I was curious if those notes would indicate the reason for this dreadful delay. He states frankly: 'No, the FOSS notes won't help you figure that out.' Phillip also kindly states that any request to withdraw and subsequent refund takes about 12 weeks. (I ponder this and come up with the formula of 12 weeks in CIC time equals about 1 year in Earth time, based on my experience.)

At this point, my husband and I have to determine what kind of gamblers we are. Do we withdraw an application that is, perhaps, ~5 months (November 2007) from being looked at in Ontario or do we withdraw the whole thing and start over in Buffalo which also seems to be running at about 5 months initial processing time? Other factors include the fact that the medicals would have to be redone ($600) and new fingerprints ordered from the FBI ($40 but at least 3 months of waiting time), and we would be out the application fees until CIC refunded the original fees, if they ever do. We mull this dilemma for a few days and elect to keep the original application going. Emotionally, I want to wrestle my file from the wretched, cold hands of the Alberta and Ontario CIC immigration officers while beating them with a wooden spoon, but we can't always have what we want, can we?

Me and Mr. Harper

Time goes so slowly now. I stalk the postman. Although he doesn't seem to appreciate it very much; I find it highly entertaining in my drab little world.

On this day in June 2007, I am just plain frustrated. There has been no contact from CIC and when I contact them, I still receive the 'your file is in process' crap. I decide it is time to vent. I sit down and hastily pen the Prime Minister of lovely Canada a letter. It reads:

The Right Honourable Stephen Harper:

My name is XXXX XXXXX. I was born and raised in Minneapolis, Minnesota, USA. I have a Bachelor of Arts degree from a prestigious university in St. Paul, Minnesota and have several years of experience working in my field of corporate tax for both publicly and privately held businesses. I have no criminal record. I have paid my taxes and voted in every election in the United States since I was eligible. I have literally worked my fingers to the bone every day of my life to raise my two children as a single parent and see that they have every opportunity possible available to them. My older child is currently in college in the U.S. training to be a registered nurse. My younger child just completed grade 10 in Toronto.

In 2000, I met and fell in love with a man who lives in Toronto. In 2004 we decided our lives were finally in position that one of us could relocate and we could marry and continue our lives together. In 2005, I sold my house, packed up my belongings and my younger son, and moved to Toronto. We married within a few months and began the immigration process believing the guidelines posted on CIC's website and on their forms. They advised that the process would take no more than a year. CIC's 'listen to this while you are on hold' recordings still advise to this day that if a person is in Canada legally and married to a Canadian, CIC will contact you within 30 days upon receiving your paperwork. Needless to say, it has been 2 years and I have received no contact from CIC other than one letter in 2006 saying my file was transferred to a local office.

I, being naive, and believing what CIC says in print on their own forms and on their own website, thought at first that they must of just miscoded my information and I contacted them several times. Every time I contact their 800 number, I receive the same no-information answer, regardless of my question. Even when I inquire about my over paid processing fees (I am currently over paid by $485 due to a change in fees), I received the response and I quote "You could receive your refund in 3 days, 3 weeks, or 3 years. We can't tell you." I do not know where else to go for help with my situation.

I have used up all my funds that I arrived with, and a portion of that going to pay GST/PST. I have changed from a comfortable middle class life in the U.S., complete with health care and other social services at my disposal to a life just below the poverty line with no health care and little hope for the future. My husband who works in the construction industry and who was previously attending university part-time, has had to leave school and put in 14 hour days to support us while we wait for CIC. I cannot even register my car that I drove here to Canada in due to my lack of status although I still have to pay insurance and make my monthly car payment. I have and numerous job interviews here in Canada, all of which seem eager to hire me, but are reluctant to sponsor a temporary work permit for me.

I read a statistic recently that said that new immigrants arrive with $50,000 - $100,000 each which is in line with the funds I brought. CIC advises that there are ~250,000 new immigrants every year, making the total over 1 billion dollars. I am beginning to believe that it is Canada's intent to lie to new immigrants and make the country appealing to migrate to only so the immigrant can spend all their money here to lubricate the Canadian economy before turning the new immigrant into a destitute, frustrated individual and force them to return to their home country with nothing but a large gap in employment on their resume to show for all their efforts.

On this upcoming Canada Day, I hope that you think of the thousands of skilled, educated, eager to work individuals who are in my position and consider if it is in line with your own mission statement and what you hope to make Canada during your tenure.

Sincerely,

XXXXX XXXXXX

cc: Honourable Diane Finley, Minister of Citizenship and Immigration

As I mentioned, it was hastily penned and probably not my best piece of work. I hope I did get my point across though. I emailed this letter to The Prime Minister's office just to feel like I have actually done something. I did get a response which reads:

Dear Ms. XXXXXX:

On behalf of the Prime Minister, I would like to thank you for your
e-mail, in which you raised an issue which falls within the portfolio of the Honourable Diane Finley, Minister of Citizenship and Immigration.

Please be assured that the statements you made have been carefully
reviewed. I have taken the liberty of forwarding your e-mail to Minister Finley so that she too may be made aware of your comments. I am certain that the Minister will give your views every consideration.

L.A. Lavell
Executive Correspondence Officer
for the Prime Minister's Office
Agent de correspondance
de la haute direction
pour le Cabinet du Premier ministre

Apparently, Mr. Harper's paid letter readers don't read letters or they would have seen already that Ms. Finley has a copy.

It's No Fun Being An Illegal Alien

May 2007 brings me closer to all out carpet bombing in my war for immigration. My ECAS still hasn't changed since November 2006. My calls to CIC still yield the same response: my file is in process. Now, however, CIC has changed the processing time of the local office where my file sits in its rapidly accumulating dust. The time now for the Etobicoke office is at 12 months. I protest this vigorously with the Call Center agent and point out to him that when I called a few months ago, I was told it was going to be a 9 month wait. He explains that the office has updated its delay and now nothing will be done until November 2007.

I have run out of new and fresh ideas in this campaign, so I turn to the web. I do random google searches on immigration to Canada. Most of what I find is sites for 'immigration consultants' and immigration lawyers all shouting about Canada's virtues and how easy the immigration process is. Then I found this forum and was amazed at what I read. There were others on this planet that were finding Canada not all it was cracked up to be. They point to the blatant racism and the double standards applied to immigrants. I read on, intrigued, and trying to fill myself with as much knowledge on the topic as I could to continue my personal battle with CIC.

Eventually, I landed on this forum. This site was intended to help individuals get through the CIC processing, and I found it invaluable for bouncing ideas off other 'in-process' individuals from all over the world. I read all the posts every day. It became an obsession. I would wake up in the morning, check my ECAS, then check the forums. After 'lurking' for a month, I started posting myself. I posed my situation and asked for feedback. There wasn't much response and people were generally not in my situation. I did learn some interesting facts though. Things such as: it is faster to apply from outland than inland (from the U.S. instead of going directly to CIC in Alberta); getting AIP does not give the applicant the right to work; health care is different from province to province, etc.

One of the more frightening things I discovered, was that I was, technically, now an illegal immigrant in Canada. According to CIC rules, a visitor (even if from a visa exempt country such as the U.S. and the U.K.), has a time limit imposed on their visit: 6 months. After 6 months in country, the visitor has to renew that status or leave the country. For a U.S. citizen, it is technically feasible for them to drive their car to the U.S. and turn around and re enter Canada to restart the 6 month period. The other option is to apply for a visa extension and pay the appropriate fee. The visa extension must be applied for prior to the current visa expiring, or you are just SOL. Since CIC is holding Nemo (my overpayment refund) hostage, I refuse to give them one more penny.

Since I did visit my daughter in Minneapolis in June 2006, my visitor visa technically expired on December 2006. Then, I was under the mistaken belief that my processing was nearing an end anyway, so my legal status in Canada wasn't forefront on my mind. It is there now, but now I do not have the means to fix this little problem. I could drive to Niagara, cross the bridge, spend the day 'shopping' and come right back. For now, I sneak around my neighborhood and run behind trees and bushes when I see the Immigration Police driving down the street. Actually, I have never seen that, but I am prepared for it when I do.