Hello, please can someone with an overstayed visa in the US apply for express entry from the US to Canada? Thank you,.
Visa overstated in US apply for express entry
- Thread starter Cecapplicant17
- Start date
Yes - you can. Make sure you are 100% honest about your status and immigration history.
Yes you definitely can. You just need to obtain your fingerprints and send them in to the FBI with the fees.
Some immigration consultants say it's not impossible, but CIC will ask you for your proof of legal residency if the country is other than the one of nationality.
Overstay in USA is considered very serious by both Canada and US immigration.
As both countries share a common database for entry/exits, it will most probably come up.
My suggestions is to seek advice with immigration lawyer/consultant, and/or write a letter of explanation stating why.
Thank you! I am asking on a case of a visiting on a B2 visa but overstayed after 6 months.
1-How long was the overstay, and why?
2-Was the overstay based on authorized duration as stamped on passport? or Based on visa expiry date?
3-How was it dealt with?... I mean was it a deportation or just walked through the airport.
Note that it most cases with US Visas, there is a 30-day grace period after your visa has expired. So if it happened within those 30 days, most probably no issue there.
I'm asking all this because the seriousness of an overstay is really based on circumstances.
Overstay won't show up in FBI clearance report, as it is not a federal or state crime/felony.
Overstay is a immigration/ICE issue. Will only come up with immigration checks, likely to be done by Canada as they share database with US immigration.
Thanks for your help! I am reaching out on my behalf of a friend. Visa was expired about a year ago! After 6 months stamp on her passport, she stayed and been in the states. We are thinking if migrating through express entry would help her situation
Even being in the USA illegally would not deter someone from obtaining their FBI records. The best place to do fingerprints for FBI records is PDs but due to country environment care must be taken going into PDs. While each person can do their own fingerprints, I would recommend having a private third party do the fingerprints.
Found this link with positive info:
https://www.canadim.com/out-of-status-pr-immigration-myth/
Check it out.
While filling post ITA data, a question asks if my spouse has a sibling residing in the US, yes she doeshave one, but a pop up tab says she must be alegal resident of the country of residence, in this case the sis isn't, as she has violated her education visa by a month now. should my wife declare her status and place of residence, and could this affect PR issuance chances?
Thanks
Thanks