Canadian wanting to sponsor Illegal US immigrant spouse

[hsksata]

Hello All,


I am a Canadian Citizen residing in Canada and my soon to be spouse is a Korean (with a Korean passport) living in the US illegally. (entered the US at a young age with parents, student visa later expired and now is currently working illegally in the US) I would like to sponsor him to Canada but I’m having a hard time choosing which route to go. Outland or Inland.


I don’t want him to be deported back to Korea because all his close family live in the USA at the moment and he will have no one for support in Korea.


If he came to Canada through a visitor visa:

• Sponsor him right away for INLAND sponsorship
  
  
• Apply for OWP at the same time of application
  
  
• Can he be deported back to Korea if application fails or if visa expires? (I don’t think he will be able to re-enter the US because of his illegal status)
  

If we applied for OUTLAND sponsorship:

• Would an interview in the US be possible when the time comes? If not will he have to do an interview in Korea? (I’m assuming he wont have entry back to the US as well with this, so would he have to come to Canada..?)
  

Going off a website I was reading…

“However, an out of status spouse must choose the CIC office responsible for the country in which that spouse has citizenship in the application forms.”

• If this is the case, will he have to do an interview and apply for PR in Korea?
  

In short, I am aware that once he leaves the US, he won’t be able to go back due to his current status, so I’m trying to figure out the safest route for him to come to Canada.



Please help me with this !

 

[scylla]

Hello All,


I am a Canadian Citizen residing in Canada and my soon to be spouse is a Korean (with a Korean passport) living in the US illegally. (entered the US at a young age with parents, student visa later expired and now is currently working illegally in the US) I would like to sponsor him to Canada but I’m having a hard time choosing which route to go. Outland or Inland.


I don’t want him to be deported back to Korea because all his close family live in the USA at the moment and he will have no one for support in Korea.


If he came to Canada through a visitor visa:

• Sponsor him right away for INLAND sponsorship
  
  
• Apply for OWP at the same time of application
  
  
• Can he be deported back to Korea if application fails or if visa expires? (I don’t think he will be able to re-enter the US because of his illegal status)

If we applied for OUTLAND sponsorship:

• Would an interview in the US be possible when the time comes? If not will he have to do an interview in Korea? (I’m assuming he wont have entry back to the US as well with this, so would he have to come to Canada..?)

Going off a website I was reading…

“However, an out of status spouse must choose the CIC office responsible for the country in which that spouse has citizenship in the application forms.”

• If this is the case, will he have to do an interview and apply for PR in Korea?

In short, I am aware that once he leaves the US, he won’t be able to go back due to his current status, so I’m trying to figure out the safest route for him to come to Canada.



Please help me with this !

It's extremely unlikely he will be allowed into Canada as a visitor given his status in the US. Most realistic and probably the safest option is to sponsor him for PR outland while he remains in the US. Once the PR visa is approved, he will be able to come to Canada. Yes - if an interview is required, it will be held in Korea and he will have to attend in person. However interviews aren't required for most applications (only if there is doubt the relationship is genuine). So if you put together a strong application, no interview should be required.

Note that he must be holding a valid passport to apply for PR.

EDIT: If an interview is required, he would need to travel to Korea and will not be able to return to the US since the overstay ban will then kick in. He will need to remain in Korea until the PR visa is approved.

 

[zardoz]

Hello All,


I am a Canadian Citizen residing in Canada and my soon to be spouse is a Korean (with a Korean passport) living in the US illegally. (entered the US at a young age with parents, student visa later expired and now is currently working illegally in the US) I would like to sponsor him to Canada but I’m having a hard time choosing which route to go. Outland or Inland.


I don’t want him to be deported back to Korea because all his close family live in the USA at the moment and he will have no one for support in Korea.


If he came to Canada through a visitor visa:

• Sponsor him right away for INLAND sponsorship
  
  
• Apply for OWP at the same time of application
  
  
• Can he be deported back to Korea if application fails or if visa expires? (I don’t think he will be able to re-enter the US because of his illegal status)

If we applied for OUTLAND sponsorship:

• Would an interview in the US be possible when the time comes? If not will he have to do an interview in Korea? (I’m assuming he wont have entry back to the US as well with this, so would he have to come to Canada..?)

Going off a website I was reading…

“However, an out of status spouse must choose the CIC office responsible for the country in which that spouse has citizenship in the application forms.”

• If this is the case, will he have to do an interview and apply for PR in Korea?

In short, I am aware that once he leaves the US, he won’t be able to go back due to his current status, so I’m trying to figure out the safest route for him to come to Canada.



Please help me with this !

Regarding the comment "However, an out of status spouse must choose the CIC office responsible for the country in which that spouse has citizenship in the application forms.”. As far as I am aware, the option to nominate a specific "CIC" office has long been removed from the application. The fact that they refer to CIC vs IRCC indicates that the information is old.

 

[YVR123]

Is he from North or South Korea?
I though South Koreans do not need a visitor visa to enter Canada.

 

[keesio]

Is he from North or South Korea?
I though South Koreans do not need a visitor visa to enter Canada.

It is very likely he is South Korean.

While South Koreans are visitor visa exempt by default - due to his history, CBSA may deny him entry.

 

[zardoz]

It is very likely he is South Korean.

While South Koreans are visitor visa exempt by default - due to his history, CBSA may deny him entry.

He would almost certainly be refused an eTA, although that wouldn't prevent a land border crossing "attempt".

 

[scylla]

He would almost certainly be refused an eTA, although that wouldn't prevent a land border crossing "attempt".

Agreed. However attempting a land border crossing without an eTA is super risky. If Canada refuses him entry due to his immigration status and history in the US, he'll be returned to the US side of the border. The US will then put him into deportation proceeding due to being out of status and possibly detain him (sometimes people can be detained for months).

I personally wouldn't try a border run without an approved eTA. Way too much risk of making a tricky situation much much worse.

 

[paint.thinner]

Agreed. However attempting a land border crossing without an eTA is super risky. If Canada refuses him entry due to his immigration status and history in the US, he'll be returned to the US side of the border. The US will then put him into deportation proceeding due to being out of status and possibly detain him (sometimes people can be detained for months).

I personally wouldn't try a border run without an approved eTA. Way too much risk of making a tricky situation much much worse.

Even with an eTA, he might be denied entry to Canada for his immigration history with the US because an eTA does not guarantee entry to Canada

 

[baimmeb]

if he really wants to be with you in Canada and have canadian PR or something, he has to give up being in the U.S illegally now like back to the South korea, and wait for you to sponsor him.. thats the only way....

 

[scylla]

if he really wants to be with you in Canada and have canadian PR or something, he has to give up being in the U.S illegally now like back to the South korea, and wait for you to sponsor him.. thats the only way....

That's incorrect. He can be successfully sponsored while in the U.S. illegally. Nothing in IRCC's rules prevents this and we've seen a number of successful cases on this forum. It's very doable.

 

[baimmeb]

That's incorrect. He can be successfully sponsored while in the U.S. illegally. Nothing in IRCC's rules prevents this and we've seen a number of successful cases on this forum. It's very doable.

hunmm whatever, if they wanna risk...

 

[canuck_in_uk]

hunmm whatever, if they wanna risk...

It's not a risk. The only real issue would be if an interview is requested, requiring the person to return to their country.

 

[hsksata]

It's not a risk. The only real issue would be if an interview is requested, requiring the person to return to their country.

Does this count if he was in the US legally previously for over a year?
Thanks!

 

[Amy mouse]

Logically it sounds like he needs to sort out his status in the us before you attempt anything. The cic is going to see him as a risk since he is already an illegal in his country of origin . One step at a time. Trying to jump borders could result in complete deportation and a stay in a remand centre

 

[scylla]

Does this count if he was in the US legally previously for over a year?
Thanks!

You should assume it won't. Ultimately IRCC will decide where the application is processed (which visa office) and the visa office that processes the application is the part of the world where the interview will be held (if one is required). Based on what we've seen over the last several years, IRCC always selects the individuals home country if someone is in another country without status. They sometimes even select the home country if a person is living elsewhere with valid status. Your spouse needs to be prepared to return home if an interview is required.