Overstayed visa in USA - no criminal record

[Jules82]

Overstaying the VISA in US will have no impact on your Canada PR application, but you have to fully disclose the history entirely (when and how you entered US, and why you decided overstay, with all VISA attached, if applicable). Also, as somebody else posted FBI Rap Sheet will not contain any of your immigration record (If you had warrant of any kind, including immigration, then it will show on the FBI Rap Sheet), and by applying FBI Rap Sheet, it will not lead you to be exposed to ICE. And most likely your case will be transferred to your local VO for process, and if there is an interview request, you have to leave US to attend the interview, which means you will be barred 3 or 10 years or even life time from US, depends on how long you lived US illegally or if you ever misrepresented to the US immigration Authority.

As long as you are 100% honest to disclose the US immigration history, and you are qualified to immigrate to Canada, CIC will approve your case and issue your COPR without asking any additional documents.

Thanks Miraclejj. Are your already in Canada? I will like to keep in contact with you if you don’t mind.

 

[Alex54321]

If someone legally lived in a country (no matter current status), at some point in the past, for over 12 consecutive months and still is living there, CIC has the discretion to send the application to either applicant's country of origin or the current country that the applicant resides. I did notice that when CIC decides which way they would go, they do have the applicant's current situation weight into the consideration, such as if the applicant is living with sponsor in that country, the length of the relationship, how long had the applicant lived there, how deep the applicant had put the root in that country, if the applicant has kid(s) with sponsor and etc. If they determined that the case is simple, straightforward and likely genuine, then most time than not, they will keep the case to the VO to that country. To your case, the VO is CPC-Mississauga. And also, it is because overstaying VISA or Crossing border without inspection for the first timer is a civil violation in US currently, so CIC really doesn't care about it. But if the US changes it to a felony (It might, who knows, the house tried before), then that will be a completely different animal we would talk about.

Also, the situation of your spouse doesn't apply to others that overstayed their VISA. Those had VISA has to disclose the immigration history to CIC, because they had a record with US immigration and Border Agent, and CIC will find it out easily. If they forgot to mention it or tried to omit it, that may count as misrepresentation, in the eyes of CIC.

A bit of correction, my spouse's file was indeed transferred overseas to VO, Kiev, Ukraine ( not CPC-Mississauga) on Jan 17, 2018 and Passport request was done on Feb 26, 2018.

Notice of file transferred to VO: Jan 17, 2018
AOR2: Jan 24, 2018
Pre-arrival letter: Feb 17, 2018
Background Check Started: Feb 23, 2018
PPR: Feb 26, 2018; In ECAS message: DM on Feb 27, 2018

 

[Miraclejj]

Thanks Miraclejj. Are your already in Canada? I will like to keep in contact with you if you don’t mind.

No, I am not in Canada yet. I will land in Canada a bit late of this year.

 

[Miraclejj]

A bit of correction, my spouse's file was indeed transferred overseas to VO, Kiev, Ukraine ( not CPC-Mississauga) on Jan 17, 2018 and Passport request was done on Feb 26, 2018.

Notice of file transferred to VO: Jan 17, 2018
AOR2: Jan 24, 2018
Pre-arrival letter: Feb 17, 2018
Background Check Started: Feb 23, 2018
PPR: Feb 26, 2018; In ECAS message: DM on Feb 27, 2018

Then, that makes more sense to me. And I don't know the general process time for applicants from Ukraine, it seemed the VO, Kiev is one of the fastest processing VOs. And I remember you posted your case before and it is a very strong and straightforward case, thus no interview required. For those that newly wedded, with short courtship relationship or have any red flags, and while living in any countries with no status, most likely will be called upon for an interview to proof their marriage is genuine, and also, the marriage is not a desperate move for applicant to gain legal status to Canada.

And btw, congrats!

 

[USHIE]

What about someone who has overstayed for over one year & still in the US without any criminal cases (illegally working sponsoring his children's education in his homeland), NOW wants to apply for Canadian PR Visa while in the US. Will he be granted.

Nope, doesnt matter - his app is for Canada, not for USA. It would be a different story if he overstayed in Canada and even that doesn't matter ( for spouse case with explanation )

Trust me - USA overstay doesn't matter, I know - all they care is FBI Clearance and mandatory Security which they will do

This is an outland app

 

[scylla]

What about someone who has overstayed for over one year & still in the US without any criminal cases (illegally working sponsoring his children's education in his homeland), NOW wants to apply for Canadian PR Visa while in the US. Will he be granted.

Yes - it will be granted provided he is 100% honest about his immigration history in the US.

 

[USHIE]

Yes - it will be granted provided he is 100% honest about his immigration history in the US.

@scylla:
Thank you Scilla!
So, I should go ahead & advise him to apply for the Canadian PR visa without any need of returning to his home country?

 

[canuck_in_uk]

@scylla:
Thank you Scilla!
So, I should go ahead & advise him to apply for the Canadian PR visa without any need of returning to his home country?

You will have to return to your country if an interview is required. Also note that you cannot use any of your illegal work experience to qualify for PR.

 

[Melbelle]

Hi guys

I hope someone can guide me here. My situation is this:

I am a South African currently living in Brazil with PR status. My partner wants to apply for the Express Entry programme with me as secondary applicant. We have a daughter together (2 yrs). When I first arrived in Brazil, I intended on traveling around South America but that didn´t happen and instead I overstayed my tourist visa. After her birth I applied for PR based on having a Brazilian child, paid the fine and was issued with PR.

I`m not going to ask whether it would negatively affect our application, as I`m sure it will, but rather how negatively.....ie is it possible for us to be granted PR?

Any help/thoughts/advice would be appreciated!

 

[scylla]

Hi guys

I hope someone can guide me here. My situation is this:

I am a South African currently living in Brazil with PR status. My partner wants to apply for the Express Entry programme with me as secondary applicant. We have a daughter together (2 yrs). When I first arrived in Brazil, I intended on traveling around South America but that didn´t happen and instead I overstayed my tourist visa. After her birth I applied for PR based on having a Brazilian child, paid the fine and was issued with PR.

I`m not going to ask whether it would negatively affect our application, as I`m sure it will, but rather how negatively.....ie is it possible for us to be granted PR?

Any help/thoughts/advice would be appreciated!

No issues as long as you are 100% honest about your immigration history in your application.

 

[Melbelle]

No issues as long as you are 100% honest about your immigration history in your application.

Thank you, appreciate your quick response! Have a great day further