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Will overstay in US affect the PR: express entry application ?

Chaklader

Full Member
Jun 4, 2016
49
3
theatlantic said:
I think those who aren't sure about how CIC can get your past immigration information should know that the US, Canada, Australia, UK, Japan and few other countries have signed an information sharing treaty in 2012 according to which they will be notified about your past immigration record if you were convicted. It will come to fore as soon as you give your biometric finger prints in Canadian High Commission.
I imagine for the conviction (criminal records/ felony ) this will be an issue, but, I was asking about overstaying and the PR application.
 

theatlantic

Star Member
Dec 30, 2011
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Chaklader said:
I imagine for the conviction (criminal records/ felony ) this will be an issue, but, I was asking about overstaying and the PR application.
It's true that overstaying record may not appear in FBI PCC for that matter. But CIC do have the access to USCIS or DHS ( Department of Homeland Security) records to some extent which may drive them to seek justification for prior violation.
 

Chaklader

Full Member
Jun 4, 2016
49
3
theatlantic said:
It's true that overstaying record may not appear in FBI PCC for that matter. But CIC do have the access to USCIS or DHS ( Department of Homeland Security) records to some extent which may drive them to seek justification for prior violation.
Is that usual for the CIC to ask the USCIS or DHS to ask for the prior overstay records ? I believe they can access the data from them, but, they may not ask it always. Anyway, I will leave it as it is for now unless I get some exact and expert informations about this subject matter.
 

theatlantic

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Dec 30, 2011
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Chaklader said:
Is that usual for the CIC to ask the USCIS or DHS to ask for the prior overstay records ? I believe they can access the data from them, but, they may not ask it always. Anyway, I will leave it as it is for now unless I get some exact and expert informations about this subject matter.
Only expert immigration lawyers can provide exact information. But I am quite sure none of them would encourage the applicants for falsification or misrepresentation as could lead severe consequences.
 

RegularGuy

Hero Member
Dec 21, 2015
209
8
They even share traffic violations. But you shouldn't be worrying that much. Overstaying doesn't disqualify you from getting PR. Untruthfulness does.
They wont reject you based on overstaying for sure. Its not a crime, not even a misdemeanor. Its just a violation, like traffic tickets. So dont worry.
 

souheilbf

Newbie
Nov 10, 2016
5
1
i overstayed my j_1 visa in 2011 in USA, by only few months, i had a call from DHS ( ICE) asking me to go to them, i went to them, i got arrested, i had an immigration hearing, judge gave me voluntary departure ( it didn't look by the way voluntary I was escorted from detention center to airport by ICE agents, the held my passport, in 2014 I applied for a PCC from FBI it showed the arrest, now I'm applying for immigration to canada through express entry I must get ITA soon (I have good score, yes I'm an engineer) , so we
 
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thyagu

Newbie
Jul 27, 2009
2
0
Hi souheibf , same here, i was just going through your post, I also want to apply for Express entry. please share your experience.
 

CANPR12

Star Member
Feb 22, 2017
68
14
Overstaying or not. I think you should be honest about it in your application. As long as you do not have a conviction or an arrest and are able to get a clean FBI PCC I don't think it should be an issue. But the final decision rests with the Canadian Immigration official. I would submit all the information I have and be honest in my application process. Hiding facts is not a good practice and it might come to bite you latter. Hope it helps!
 
Apr 7, 2013
3
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hi friends , i am also having same problem here , i am also over stayed in USA for 3 years , now i m in india , i am applying for canada work permit visa after few months , overstay history will make any problem for canada work permit visa ,
pls friends let me now , if u have any information about this ,,
 

mrangwala

Star Member
Jan 3, 2018
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Overstaying is not explicitly asked, but this will have to come up in the personal history, being a resident in the US for many months. It's also possible it will also come up during the background checks since Canada and the US share immigration info. IMO, it's better to declare it rather than conceal it.

Would OP have to get an FBI PCC in this case?
How can one disclose it? ? I have doubt/unsure whether my brother who is applying for PR was legal/illegal during last 4 months of his time in the USA. I believe it is better to be upfront and tell them that he is not sure if he was legal during this time. This was completely unintentional and he only learned about it after 5 years. But how would he disclose the same? Should he write an LOE. Are you sure this will not affect his PR application? Please help.
 

mishka2018

Star Member
Jun 30, 2018
60
25
i overstayed my j_1 visa in 2011 in USA, by only few months, i had a call from DHS ( ICE) asking me to go to them, i went to them, i got arrested, i had an immigration hearing, judge gave me voluntary departure ( it didn't look by the way voluntary I was escorted from detention center to airport by ICE agents, the held my passport, in 2014 I applied for a PCC from FBI it showed the arrest, now I'm applying for immigration to canada through express entry I must get ITA soon (I have good score, yes I'm an engineer) , so we
Hello, so what’s the end of your story? Did you get your Canadian PR? Curious because I’m in a similar boat . Thanks
 

Connie828

Full Member
Jan 9, 2019
30
3
There are so many people have the same situation. I also wondering how the result of PR. Did you end up get the PR? Does the immigration officer ask for the reason for overstaying? I am also wondering how's the Police certificate shows even you were not caught by police for overstaying. But the length of Police certificate goes with the Visa right? How about the rest of time you overstaying. There is no record shows on the Police Certificate.
 
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carlosbaldojr

Full Member
Oct 3, 2018
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Hi guys, it seems the thread is quite old, but I'll try anyways. Has anyone here, among all who have claimed overstaying in the US, ever gotten the PR? Could you share? Thank you so much.
 

scylla

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Hi guys, it seems the thread is quite old, but I'll try anyways. Has anyone here, among all who have claimed overstaying in the US, ever gotten the PR? Could you share? Thank you so much.
There are plenty of people here who have. As long as you are 100% honest about your immigration history - there will be no issues getting PR.
 
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carlosbaldojr

Full Member
Oct 3, 2018
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Is there a field on the E-apr where I should mention it? I ask that because they normally require travel history from the last 10 years, but my overstaying took place 16 years ago and I've been living in my home country since then.