Inadmissible for misrepresentation

[tj_punjab]

Did you apply for a TRV for them in 2015? You said they were divorced then but did you apply as married parents?

The good part is on my applications ever since I moved here in 2012, I have been 100% honest on my applications. I declared them as seprated/divorced.
Father applied for TRV in Dec 2016. Nothing in 2015.
Mother has a valid TRV and has visited me last summers.

 

[canvis2006]

Forget and chill about it for atleast 5 yrs.

 

[Buletruck]

Father applied for TRV in Dec 2016.

If he applied as married (to your mom), then this will be the stickler, despite you listing them as divorced/separated. IRCC will have the history of applications, along with the listed family members, which your mother would be part of. If you apply now for her as divorced, IRCC will pick upon your fathers application as married. Probably a few issues will arise from that.

 

[scylla]

True. The entire thing is complicated. I don't even want to file the case and end up misrepresenting unintentionally. I am looking for some expert advice here, as seems to be a very complicated case.

They're common law. If you sponsor your mother only and say she is single - that will be misrepresentation and then you can expect she will end up with a 5 year ban as well. She's not single if they are living together. They are common law / married.

 

[scylla]

The good part is on my applications ever since I moved here in 2012, I have been 100% honest on my applications. I declared them as seprated/divorced.
Father applied for TRV in Dec 2016. Nothing in 2015.
Mother has a valid TRV and has visited me last summers.

But they aren't separated. They are living together. If your mother declares she is single - you're going to have another misrepresentation case on your hands.

 

[carolbb23]

Yes, correct. They were divorced in 2011 with her not present. They started living together since November 2016.
Father applied for SUper visa December 2017 - with her as a spouse, and misrepresentation of missing deportation orders - These were issued in 2011 as well. He was in US legally until Nov 2016 on a work permit, but had a deportation order on a stay.
Anyways,
Nov 2016: they started living together
December 2017: Applied for super visa
January 2018: I applied to sponsor them both
July 19th 2018: She moved out as they were not doing well together
July 31st 2018: We received a letter addressed to father about his 5 years inadmissibilty effective date July 14th 2018.
August 01st 2018: I received invitation to apply for both of them

I am so confused what to do now.

So, they were divorced for years. Lived together recently. Are not living together now. Honestly, I am not even interested in applying for him, and she can provide an affidavit that would never like sponsor him in the future.
Not sure what to do next.

Why did you not tell your mom they are divorce in us. I suggest you talk to an immigration lawyer.