Outland or Inland?!

[Michyy]

Hi everyone!

My husband and I are currently researching applying for PR through spousal sponsorship. I am a Canadian citizen and hubby is Mexican currently living in the states. Unfortunately, he is undocumented, however, he entered legally when he was young. He does not have a removal order and was never issued one, but he does have an expunged DUI on his record. However, we have all of the documentation proving the expungement, as well as a legal opinion letter from a Canadian attorney to support all of it.

We are trying to decide which is the best route for us as I feel our case may be a bit complicated. We're kind of sick of being separated (who isn't?!) and was looking at Inland especially since there's the option for OWP. This option is also looking good in my eyes vs outland as with the whole Trump administration I'm afraid that they may deport him or something (I tend to over think and am paranoid..however in my defence I think it's a fair possibility lol). I am aware that he will be barred from entering the states for 10 years once he leaves.

The only benefit I see with outland is that we have the ability to appeal in case something goes wrong. What concerns me is the fact that he'll have to leave for an interview if requested and, from my understanding, will have to stay in Mexico until it's all processed.

I appreciate all of your help, advice and time.

 

[spousalsponsee]

If your husband is currently in the USA, then outland is probably a better route for you, for one reason: In order to apply inland, he would have to enter Canada. As soon as he arrives, they're going to look at (1) his history of staying illegally in the US (2) his lack of ties to Mexico (3) his Canadian wife, and are quite likely to conclude he is not a genuine visitor to Canada. If they do so, he may be allowed to withdraw his application to enter Canada (in which case, to return to the US, he would have to go through the US border port), or he may be issued an exclusion order, barring him from entry for some time.

 

[Michyy]

If your husband is currently in the USA, then outland is probably a better route for you, for one reason: In order to apply inland, he would have to enter Canada. As soon as he arrives, they're going to look at (1) his history of staying illegally in the US (2) his lack of ties to Mexico (3) his Canadian wife, and are quite likely to conclude he is not a genuine visitor to Canada. If they do so, he may be allowed to withdraw his application to enter Canada (in which case, to return to the US, he would have to go through the US border port), or he may be issued an exclusion order, barring him from entry for some time.

Hi,

Thank you for your response.
Will this apply even if we show proof that we're applying for inland (I.e. proof of paid fees, lawyer letter, etc.)? Maybe I can even fly there and enter with him? He is currently in California and the only way here would be to fly which means if he is turned away at the boarder he will be sent back to Mexico and barred from the US. He does have family in Mexico (elderly parents and a few siblings) and 2 daughters in the states. Would this not be adequit ties outside of Canada?

The other reason why I'm asking this is because we have a friend who also sponsored her husband from the US (he was legal though) and at the boarder he presented proof that he was going to apply for inland (letter from the lawyer) and they allowed him in. I do understand every situation is different I was just wondering if this is a possible option for us.

 

[spousalsponsee]

Hi,

Thank you for your response.
Will this apply even if we show proof that we're applying for inland (I.e. proof of paid fees, lawyer letter, etc.)? Maybe I can even fly there and enter with him? He is currently in California and the only way here would be to fly which means if he is turned away at the boarder he will be sent back to Mexico and barred from the US. He does have family in Mexico (elderly parents and a few siblings) and 2 daughters in the states. Would this not be adequit ties outside of Canada?

The other reason why I'm asking this is because we have a friend who also sponsored her husband from the US (he was legal though) and at the boarder he presented proof that he was going to apply for inland (letter from the lawyer) and they allowed him in. I do understand every situation is different I was just wondering if this is a possible option for us.

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/218891/index.do?r=AAAAAQAHVmlzaXRvcgE

Nobody can say for sure what will happen at the border - CBSA officers have a wide range of discretion, and as long as they act reasonably, and their decisions can be justified within the range they're allowed, their decision is unchallengable.

In the case above, a US citizen who was married to a Canadian, attempted to enter Canada in order to apply inland. They were refused for not being a visitor, lack of ties to the US, and banned from entry to Canada for some time.

"The applicant argues that persons such as her may enter Canada as temporary residents and then apply for the status of permanent resident. Furthermore, her past travels in Canada reveal a positive history of abiding by immigration rules. This shows that the applicant had a genuine dual intent which is permitted by the Act. ..., the evidence on record strongly suggested that, at the time of the purported entry at the border crossing on July 13, 2016, the applicant’s only intent was to remain in Canada ".

She argued she had family in the US, and this was found not to be strong ties.

Your husband *might* be allowed in. But there are strong reasons to think he wouldn't be, and if he was refused, he would have to go back to Mexico, and you would have to apply outland, after his ban had run out.

 

[canuck_in_uk]

Hi everyone!

My husband and I are currently researching applying for PR through spousal sponsorship. I am a Canadian citizen and hubby is Mexican currently living in the states. Unfortunately, he is undocumented, however, he entered legally when he was young. He does not have a removal order and was never issued one, but he does have an expunged DUI on his record. However, we have all of the documentation proving the expungement, as well as a legal opinion letter from a Canadian attorney to support all of it.

We are trying to decide which is the best route for us as I feel our case may be a bit complicated. We're kind of sick of being separated (who isn't?!) and was looking at Inland especially since there's the option for OWP. This option is also looking good in my eyes vs outland as with the whole Trump administration I'm afraid that they may deport him or something (I tend to over think and am paranoid..however in my defence I think it's a fair possibility lol). I am aware that he will be barred from entering the states for 10 years once he leaves.

The only benefit I see with outland is that we have the ability to appeal in case something goes wrong. What concerns me is the fact that he'll have to leave for an interview if requested and, from my understanding, will have to stay in Mexico until it's all processed.

I appreciate all of your help, advice and time.

Hi

As he is in the US illegally, there is no chance that he will be allowed into Canada as a visitor. He is a huge overstay risk. If he had valid status in the US, it would be a far different situation.

You need to apply outland.

 

[Michyy]

Hi

As he is in the US illegally, there is no chance that he will be allowed into Canada as a visitor. He is a huge overstay risk. If he had valid status in the US, it would be a far different situation.

You need to apply outland.

Thank you for your response.

Wow, I didn't think that his chances of entering to Canada were that slim to none as a visitor.

 

[canuck_in_uk]

Thank you for your response.

Wow, I didn't think that his chances of entering to Canada were that slim to none as a visitor.

Regardless of why he is in the US illegally, it shows that he doesn't respect the immigration laws of other countries. CBSA would have no reason to think that he won't do so in Canada as well, especially with a Canadian spouse.

 

[spousalsponsee]

Thank you for your response.

Wow, I didn't think that his chances of entering to Canada were that slim to none as a visitor.

Visitors to Canada have to display intent to obey Canadian immigration law, and leave at the end of the time allowed them. Your partner displays disregard for immigration laws, and has a very strong reason to not leave Canada. Hence my opening reply; your husband would have to enter Canada to even have the option of applying inland, and that is not at all likely to be allowed.

 

[Michyy]

That abaolutely makes sense. Thank you both for taking your time and answering my question. I really appreciate it. I guess we should start outland asap. Would you both recommend we hire an immigration lawyer?

 

[Masonb6888]

Hi everyone!

My husband and I are currently researching applying for PR through spousal sponsorship. I am a Canadian citizen and hubby is Mexican currently living in the states. Unfortunately, he is undocumented, however, he entered legally when he was young. He does not have a removal order and was never issued one, but he does have an expunged DUI on his record. However, we have all of the documentation proving the expungement, as well as a legal opinion letter from a Canadian attorney to support all of it.

We are trying to decide which is the best route for us as I feel our case may be a bit complicated. We're kind of sick of being separated (who isn't?!) and was looking at Inland especially since there's the option for OWP. This option is also looking good in my eyes vs outland as with the whole Trump administration I'm afraid that they may deport him or something (I tend to over think and am paranoid..however in my defence I think it's a fair possibility lol). I am aware that he will be barred from entering the states for 10 years once he leaves.

The only benefit I see with outland is that we have the ability to appeal in case something goes wrong. What concerns me is the fact that he'll have to leave for an interview if requested and, from my understanding, will have to stay in Mexico until it's all processed.

I appreciate all of your help, advice and time.

So let me tell you my opinion.
I met my spouse in 2014, and come mind 2015 I started looking into immigration and what routes and options we had. I'm an US citizen with no criminal record. I started looking early on because I knew this is what not only I, but what my spouse wanted as well. We wanted to know what we were up against and how doable it was. After taking a year and a half to look into everything, calling multiple people. joining the forums, watching others go by. When it came time to submit our application, we chose OUTLAND. Before 2017 and the Dec. 2016 change, you'd be insane NOT to choose outland.
Reasons:
-Quicker (case by case, but US usually saw DM within 4-6 months average.)
-Appeal (although we were told people from the US rarely "knocking on wood" get refused.)
Makes sense right? why the hell would we choose inland, a possibly 26-month timeline, instead of Outland without a straightforward case?
Come December 2016, CIC Canada made both timelines a 12-month processing projection.
This means the Outland lost all its pro of being 'quick' and inland lost its con of being 'long'.
I'm also a student in Canada and am able to work and study, so we didn't really look at the OWP as a pro.
My spouse and I agreed that if we had to do it again, we'd choose Inland for the sake of an OWP. and not being tied to the confines of a study permit. (not that it's that bad, but I'd like to work a bit more and earn some more money while we wait.)
Don't take my word for it, others would argue it, but I'm only trying to be that voice that gives you the personal experience that would've/did help me when I was in your position.

TL;DR- We would choose inland if we had to do it over again if we have to.

If you're able to LEGALLY apply through inland, do inland.
But as I read above, it looks like you might have some hoops to jump through that would NOT be worth it. Especially if he has 0 legal standing in Canada and DO NOT discuss immigration with the border. That's opening up a whole other box of worms on yourself. Just avoid it, say very little, and if they flat out ask you if you plan on immigrating (which they probably won't) just say something like "we're looking at our options"

Feel free to message me if you have questions or want opinions. I'm usually on and willing to talk.

 

[canuck_in_uk]

That abaolutely makes sense. Thank you both for taking your time and answering my question. I really appreciate it. I guess we should start outland asap. Would you both recommend we hire an immigration lawyer?

No, you don't need a lawyer. Just make sure to be 100% honest about everything in the application. The illegal stay in the US will not be a reason for refusal.

 

[canuck_in_uk]

So let me tell you my opinion.
I met my spouse in 2014, and come mind 2015 I started looking into immigration and what routes and options we had. I'm an US citizen with no criminal record. I started looking early on because I knew this is what not only I, but what my spouse wanted as well. We wanted to know what we were up against and how doable it was. After taking a year and a half to look into everything, calling multiple people. joining the forums, watching others go by. When it came time to submit our application, we chose OUTLAND. Before 2017 and the Dec. 2016 change, you'd be insane NOT to choose outland.
Reasons:
-Quicker (case by case, but US usually saw DM within 4-6 months average.)
-Appeal (although we were told people from the US rarely "knocking on wood" get refused.)
Makes sense right? why the hell would we choose inland, a possibly 26-month timeline, instead of Outland without a straightforward case?
Come December 2016, CIC Canada made both timelines a 12-month processing projection.
This means the Outland lost all its pro of being 'quick' and inland lost its con of being 'long'.
I'm also a student in Canada and am able to work and study, so we didn't really look at the OWP as a pro.
My spouse and I agreed that if we had to do it again, we'd choose Inland for the sake of an OWP. and not being tied to the confines of a study permit. (not that it's that bad, but I'd like to work a bit more and earn some more money while we wait.)
Don't take my word for it, others would argue it, but I'm only trying to be that voice that gives you the personal experience that would've/did help me when I was in your position.

TL;DR- We would choose inland if we had to do it over again if we have to.

If you're able to LEGALLY apply through inland, do inland.
But as I read above, it looks like you might have some hoops to jump through that would NOT be worth it. Especially if he has 0 legal standing in Canada and DO NOT discuss immigration with the border. That's opening up a whole other box of worms on yourself. Just avoid it, say very little, and if they flat out ask you if you plan on immigrating (which they probably won't) just say something like "we're looking at our options"

Feel free to message me if you have questions or want opinions. I'm usually on and willing to talk.

As already explained above, given the fact that OP's spouse is living illegally in the US, he has no chance of being allowed to enter Canada as a visitor in order to apply inland.

 

[Will_PA]

Outland or inland, the application form asks you for evidence of your status in the country that you're in. Are you saying he'll use Mexico as his current country of residence? How would he provide police check certificate for USA? Or would you pretend he hadn't been staying there?

 

[Michyy]

Outland or inland, the application form asks you for evidence of your status in the country that you're in. Are you saying he'll use Mexico as his current country of residence? How would he provide police check certificate for USA? Or would you pretend he hadn't been staying there?

1. No. That would be lying and thankfully through my research, legal advice and this forum, legal status doesn't affect a PR application.
2. Although undocumented he can still apply to receive a police/FBI check as it's unrelated to immigration. We're actually waiting for one right now.

 

[Michyy]

So let me tell you my opinion.
I met my spouse in 2014, and come mind 2015 I started looking into immigration and what routes and options we had. I'm an US citizen with no criminal record. I started looking early on because I knew this is what not only I, but what my spouse wanted as well. We wanted to know what we were up against and how doable it was. After taking a year and a half to look into everything, calling multiple people. joining the forums, watching others go by. When it came time to submit our application, we chose OUTLAND. Before 2017 and the Dec. 2016 change, you'd be insane NOT to choose outland.
Reasons:
-Quicker (case by case, but US usually saw DM within 4-6 months average.)
-Appeal (although we were told people from the US rarely "knocking on wood" get refused.)
Makes sense right? why the hell would we choose inland, a possibly 26-month timeline, instead of Outland without a straightforward case?
Come December 2016, CIC Canada made both timelines a 12-month processing projection.
This means the Outland lost all its pro of being 'quick' and inland lost its con of being 'long'.
I'm also a student in Canada and am able to work and study, so we didn't really look at the OWP as a pro.
My spouse and I agreed that if we had to do it again, we'd choose Inland for the sake of an OWP. and not being tied to the confines of a study permit. (not that it's that bad, but I'd like to work a bit more and earn some more money while we wait.)
Don't take my word for it, others would argue it, but I'm only trying to be that voice that gives you the personal experience that would've/did help me when I was in your position.

TL;DR- We would choose inland if we had to do it over again if we have to.

If you're able to LEGALLY apply through inland, do inland.
But as I read above, it looks like you might have some hoops to jump through that would NOT be worth it. Especially if he has 0 legal standing in Canada and DO NOT discuss immigration with the border. That's opening up a whole other box of worms on yourself. Just avoid it, say very little, and if they flat out ask you if you plan on immigrating (which they probably won't) just say something like "we're looking at our options"

Feel free to message me if you have questions or want opinions. I'm usually on and willing to talk.

Yes, as previously mentioned the only thing that's affecting our chances at Inland are his chances of getting into Canada in the first place due to his status. It sucks cause he was so young when he immigrated..