I have custody of a child in the Dominican Republic with my husband and we want to get him to Canada but we can not do a

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Customer: I have custody of a child in the Dominican Republic with my husband and we want to get him to Canada but we can not do a full adoption here because we are not over 30 years old and also the adoptions here take 10+ years. I am canadian citizen and my husband is almost done his permanent residency process for canada so he will have status in canada as well. We have custody papers, rights to travel and live with him in canada and his passport. But we do not know how to get him a visa to get status in canada
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: I am from Canada
JA: Have you talked to a lawyer about the visa?
Customer: No I talked to our government personal and immigration and all they told us was I could not sponsor him like I did with my husband unless we did a full adoption
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by Counsel Creed in 1 day 2 years ago
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Counsel Creed, Expert

Hi, thank you for contacting Just Answer. Counsel Creed here. I understand your predicament. Have you thought about adopting him in the Dominican Republic? Then he will not need any visa with one parent having a Canadian citizenship and the other having a permanent residence (and on his way to the citizenship).

Customer
I said we can not do an adoption because neither of us are over 30 and that is the adoption requirement for the Dominican republic, not to mention adoptions here in the dominican take 8-10 years to finalize. And regardless whether we did an adoption, the child would still need a visa to enter canada
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Counsel Creed, Expert

My apologies: I missed the word "here" in your first sentence. Why don't you get a tourist visa for him and then apply on "COMPASSIONATE GROUNDS" from WITHIN Canada? What have you got to lose? I know that normally Canada Citizenship and Immigration normally does not like to see foreign nationals get in the country as tourists and the apply for permanent status, but your situation is truly EXCEPTIONAL since we are talking a bout a child needing a family here. Check out this site: https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/humanitarian-compassionate-grounds.html

I also suggest that you do a solid research with adoption agencies here and ask them what it is that is required for adoption in Canada PRIOR to returning here.

Customer
We would put inside the visitor visa application that we want to take him there and apply after for compassionate grounds or we apply like a normal visitor Visa? I also was told Canada was unlikely to accept a visitor visa for him until my husband had landed in canada because with only one parent with access to Canada immigration would see it as like not mandatory that he go to Canada with mom when dad is staying in home country.
This child has also been thrown around all his life and we dont want to uproot him to canada with the chance canada refuses him and he has to be send back to the Dominican
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Counsel Creed, Expert

I agree that the father should first land here. To answer your first question, once both parents are here, bring him on a visitor visa and THEN apply for status for him. AGAIN, it would be very important to present to the immigration Canada that you have ALREADY figured out everything pertaining to the adoption process.

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Counsel Creed, Expert

Hi, again. If you have no further questions for me, will you kindly rate me on your page, since that is the only way that I will get paid for assisting you? You can do that by clicking on 3,4, or 5 stars in the top right-hand corner. Thank you.

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