Immigration Legal Opinions

Family Law: Immigration Consequences in Family Law Proceedings

Family law matters frequently raise immigration questions that fall outside the expertise of family lawyers. Separation, divorce, custody disputes, and changes in relationship status can all affect the immigration status of one or both parties, as well as dependent children. Our legal opinions help family lawyers and their clients understand the immigration dimensions of their matter and make informed decisions accordingly.

Examples: immigration consequences of family law proceedings such as effect of separation on an in-progress sponsorship application or custody arrangements involving children with different immigration statuses.

Criminal Law: Immigration Consequences of Criminal Proceedings

A criminal charge or conviction can have severe and sometimes permanent immigration consequences, including inadmissibility, loss of permanent residence, or removal from Canada. These consequences are not always apparent to criminal defence counsel, and they are rarely explained to clients at the time of a guilty plea or sentencing. Our legal opinions provide criminal lawyers and their clients with a clear and authoritative assessment of the immigration consequences at stake, so those consequences can be properly considered before any decisions are made.

Examples: immigration consequences of a guilty plea for a permanent resident, inadmissibility arising from a criminal conviction, impact of a conditional discharge versus a conviction on immigration status, consequences of a criminal record for a pending citizenship application.

Technology and AI in Immigration: Expert Opinions and Affidavits on AI and Technology in Immigration Processing

Canadian immigration processing increasingly relies on artificial intelligence, algorithmic decision-making tools, and technology-assisted review systems such as Chinook. When these tools influence or determine the outcome of an immigration application, the legal and procedural implications are significant and often poorly understood outside of immigration law.

The MyVisa Team provides expert legal opinions and affidavits for use in legal proceedings where the use of technology or AI in immigration processing is a relevant issue. We explain how these systems operate, how they affect decision-making, what procedural obligations IRCC is required to meet, and where automated or technology-assisted decisions may have gone wrong. Our opinions are grounded in current immigration law, administrative law principles, and a deep practical understanding of how these systems are actually used by Canadian immigration authorities.

This is an emerging and rapidly developing area of law. Having expert opinion evidence from lawyers who understand it from the inside can make a decisive difference in proceedings where AI-influenced decisions are being challenged.

Examples: Expert affidavit on the role of Chinook in a refused application for use in a judicial review, legal opinion on procedural fairness obligations where AI tools were used in decision-making, expert evidence on algorithmic decision-making for use in Federal Court proceedings, opinion on the transparency and accountability obligations of IRCC in technology-assisted processing.

Lawyers and Legal Professionals: For counsel who need immigration expertise.

Family, criminal, and civil lawyers retain us to provide formal immigration law opinions when their client's matter has immigration dimensions that fall outside their area of practice. Our opinions give counsel the expert foundation they need to properly advise their clients and advance their case.

Individuals in Legal Proceedings:
For people whose immigration status is affected by a legal matter. 

If you are involved in family, criminal, or civil proceedings and believe your immigration status may be at risk, we can provide a legal opinion that explains your situation clearly and can be used by your counsel or submitted to the court or tribunal handling your matter.