US Illegal Immigrant, apply in Canadian Consulate in USA for Canada study permit

[kashish1728]

Hello, I am illegal immigrant in USA and I would like to pursue further education. Since this is a difficult task for me given my status in USA, I decided to pursue options in Canada.

Is it possible for me to apply for Study permit at Canada Visa Office in USA?
Would they deny my application just because of my status in USA?
I have a serbian passport. Should I apply for my study permit at Visa Office in Serbia? I was displaced in War and came to US illegally when I was 12 years old. My family's asylum petition in USA was denied?

I am looking for a clean slate so I can be free. I am married and my husband is on valid worker in USA?

Can someone please help?

Thank you,

 

[scylla]

You'll be wasting your time and money applying. So the short answer to your question is yes - you will be denied due to your status in the US.

To be approved for a study permit to Canada you must prove that you have strong ties to your home country and have no plans on remaining in Canada long term. There's no way for you to prove this given your illegal status in the US. You're guaranteed a refusal.

If you want to try applying all the same, then you will have to apply through the visa office responsible for Serbia. You cannot apply through the US visa office since you came to the US illegally.

 

[scylla]

Just to add...

You should forget about applying for any temporary visas to Canada. This include study permits, work permits and visitor visas. You're guaranteed a refusal due to your status in the US.

However you can certainly apply to immigrate to Canada while illegal in the US (if you qualify to apply to immigrate under one of Canada's immigration programs). So if you are set on coming to Canada, this is the path you should follow.

Note that you will be banned from the US for 10 years as soon as you leave the country. Something you might want to consider before making any big moves...

 

[kashish1728]

Thank you for your response. I genuinely appreciate it. My husband is Indian and he has strong ties with India, as my inlaws are all in India. Also my husband owns property in India over the years and still has decent amount to his name. Would you think applying from India would be a better option. I do not hold any possessions in Serbia. My parents are estranged and are in USA. I have no strong ties to Serbia.

Should I go to India, and apply after few month for the study permit there

I am in a difficult boat and your advise is very helpful, even if it closes one path for me, it will help me decide the best path.

 

[txboyscout]

Thank you for your response. I genuinely appreciate it. My husband is Indian and he has strong ties with India, as my inlaws are all in India. Also my husband owns property in India over the years and still has decent amount to his name. Would you think applying from India would be a better option. I do not hold any possessions in Serbia. My parents are estranged and are in USA. I have no strong ties to Serbia.

Should I go to India, and apply after few month for the study permit there

I am in a difficult boat and your advise is very helpful, even if it closes one path for me, it will help me decide the best path.

Since your husband has legal status in the US, can't he sponsor you for something?

I doubt Canada would give you any temp resident visas either from the US or from India. No matter where you apply from you will have to disclose illegal presence in the US

 

[scylla]

Thank you for your response. I genuinely appreciate it. My husband is Indian and he has strong ties with India, as my inlaws are all in India. Also my husband owns property in India over the years and still has decent amount to his name. Would you think applying from India would be a better option. I do not hold any possessions in Serbia. My parents are estranged and are in USA. I have no strong ties to Serbia.

Should I go to India, and apply after few month for the study permit there

I am in a difficult boat and your advise is very helpful, even if it closes one path for me, it will help me decide the best path.

In order to apply from India you would have to be admitted there on some kind of status for at least a year. So going as a visitor won't work. You would have to go there on some sort of visa (student, worker, permanent resident) that admits you for a year or more.

A few months in India isn't nearly long enough to establish ties after such a long illegal stay in the US. The items you've mentioned above aren't your ties to India - they are other people's ties. You would need to establish your own ties such as a job, assets, etc. Additionally, one of the most important ties to a country is having some sort of permanent residency status there that allows you to return (e.g. either permanent residency or citizenship). Without that you really don't have ties to India. Do you have either permanent residency or citizenship in India? Have you lived there before for a few years? If so, I'd recommend that you return there for a minimum of six months before trying to apply for a student visa to Canada - a year would be better since you really can't establish real ties in just six months. If you don't have permanent residency or citizenship in India and have never lived there before - then I doubt you'll be able to convince CIC that you have strong ties to that country.

 

[scylla]

Rereading your original post... I believe you have never lived in India and don't have any sort of permanent status here (e.g. permanent residency or citizenship). If that's the case, your plan to apply for the student visa from India has zero chance of succeeding.

Realistically your only chance would be to return to Serbia, live there for a few years to establish ties - and then apply.

 

[scylla]

Since your husband has legal status in the US, can't he sponsor you for something?

Her husband is in the US on a work permit. Individuals in the US on a work permit cannot file an application to adjust the status of an illegal spouse.

 

[scorpio1641]

Can she wait until her husband becomes a green card holder then so she can adjust her status? That will take long though?
Your situation is really tough, kashish, I hope it works out in the end for you

 

[scylla]

Can she wait until her husband becomes a green card holder then so she can adjust her status? That will take long though?
Your situation is really tough, kashish, I hope it works out in the end for you

Yes - she can probably do that. But it will take a long time (many years). We are also assuming her husband qualifies for a green card.

 

[wantoknow]

You'll be wasting your time and money applying. So the short answer to your question is yes - you will be denied due to your status in the US.

To be approved for a study permit to Canada you must prove that you have strong ties to your home country and have no plans on remaining in Canada long term. There's no way for you to prove this given your illegal status in the US. You're guaranteed a refusal.

If you want to try applying all the same, then you will have to apply through the visa office responsible for Serbia. You cannot apply through the US visa office since you came to the US illegally.

Hello scylla,

Is it possible to PM you please?

Have some questions i prefer to ask 'offline'

Many thanks.

 

[Alex54321]

...However you can certainly apply to immigrate to Canada while illegal in the US (if you qualify to apply to immigrate under one of Canada's immigration programs). So if you are set on coming to Canada, this is the path you should follow.

Note that you will be banned from the US for 10 years as soon as you leave the country. Something you might want to consider before making any big moves...

I am dual US/Canadian citizen living/working for 18 years in US and my spouse is EWI (Entered Without Inspection) in US since 2000.
I can be a Sponsor and the spouse qualifies to immigrate to Canada under Family Class.

How do you know that a person can immigrate to Canada while illegal in the US?

What if the spouse cannot get FBI certificate because of risks involved?
What if the spouse passport is about to expire and US Foreign Consulate does not renew the passport because of illegal status in US?

Thanks.

 

[scylla]

I am dual US/Canadian citizen living/working for 18 years in US and my spouse is EWI (Entered Without Inspection) in US since 2000.
I can be a Sponsor and the spouse qualifies to immigrate to Canada under Family Class.

How do you know that a person can immigrate to Canada while illegal in the US?

What if the spouse cannot get FBI certificate because of risks involved?
What if the spouse passport is about to expire and US Foreign Consulate does not renew the passport because of illegal status in US?

Thanks.

We've seen a number of people immigrate to Canada while illegally in the US on this forum. Provided the person is 100% honest about their immigration history and illegal status - being approved isn't a problem.

It's mandatory to obtain an FBI certificate. Without an FBI certificate, the Canadian application will be refused 100%.

The application cannot be completed without a valid passport. If the applicant cannot renew his/her passport from within the US, he/she will need to return home and do it from there.

 

[scylla]

Just to add to the above - I'm assuming you're aware that your spouse will be issued an automatic 10 year ban from the US as soon as he/she leave the country. Having Canadian PR or even citizenship doesn't fix the ban. Your spouse will need to remain outside of the US for 10 years.

 

[Alex54321]

Just to add to the above - I'm assuming you're aware that your spouse will be issued an automatic 10 year ban from the US as soon as he/she leave the country. Having Canadian PR or even citizenship doesn't fix the ban. Your spouse will need to remain outside of the US for 10 years.

Yes, thank you - I know with my own experience of Canadian and after that US immigration that Immigration is not a joke and it's very difficult to hide something, much easier to be 100% honest.

My spouse got her passport (old original foreign passport with fresh official renewal stamp for another 10 years).
As you mentioned before the medical can be done in US. I think that FBI certificate is doable as well in US.

I am aware about 10 years ban, but with voluntary departure there is a chance come back legally in US even 10 years later, assuming current immigration law stays intact.

Also I am Canadian living outside of Canada and there could be another issue with proving Sponsor's intention to reside in Canada. Since my company is in Detroit area the idea is to settle in a border city (Windsor, ON) and commute to my work in US. I could set my residency in Windsor now, become resident of Canada and avoid this Sponsor's intention problem.

But this is secondary, first thing first - I just wanted to clarify for myself that this is possible to do this process for my spouse from third country (US) without her going back to the country of birth.