Submitting Inland sponsorship before PRRA submission deadline

[Ktra8]

Looking for some insight in the following situation:

A person who overstayed their work permit by a couple years got detained and then given a PRRA application during his detention. The deadline for filing the PRRA is on December 30. He doesn’t have any fear of persecution in his home country so applying for a PRRA would simply be to stall. My question is: If he files an inland sponsorship application before the PRRA submission deadline, would his removal order be put on hold and eliminate the need to file for a PRRA all together?

 

[scylla]

Looking for some insight in the following situation:

A person who overstayed their work permit by a couple years got detained and then given a PRRA application during his detention. The deadline for filing the PRRA is on December 30. He doesn’t have any fear of persecution in his home country so applying for a PRRA would simply be to stall. My question is: If he files an inland sponsorship application before the PRRA submission deadline, would his removal order be put on hold and eliminate the need to file for a PRRA all together?

You should assume it won't. The spousal sponsorship application will be brand new and this means it almost certainly won't stop the removal. If you had applied a long time ago and the application was near decision and you also had AIP, it would be different. But that's not the situation here.

Note that if you submit an inland application and the person is removed, you will have to withdraw and reapply outland.

 

[Ktra8]

Thank you for your reply @scylla.

Assuming it won’t, it seems like the best bet is for the person to apply for the PRRA to put on hold his removal and then file for his inland sponsorship and most likely within the PRRA time, the person will get an AIP

 

[scylla]

Thank you for your reply @scylla.

Assuming it won’t, it seems like the best bet is for the person to apply for the PRRA to put on hold his removal and then file for his inland sponsorship and most likely within the PRRA time, the person will get an AIP

There's no guarantee they will have AIP by then and probably a decent chance they won't. But you can try. Given the circumstances, there's probably a high chance this application will go for secondary review which will significantly delay AIP if that happens. But again, you can try and hope you have AIP before the PRRA decision.

 

[Ponga]

Thank you for your reply @scylla.

Assuming it won’t, it seems like the best bet is for the person to apply for the PRRA to put on hold his removal and then file for his inland sponsorship and most likely within the PRRA time, the person will get an AIP

If a person is already deemed to be `Removal Ready', the public policy that is in place for Inland applicants without legal status to not be disqualified for sponsorship (SCPLC) would not apply. You are correct that if the applicant reaches the all important AIP stage, their chances of being removed are less, but not guaranteed.