Thank you >>>>>>>>> Legalfalcon <<<<<<<<<<<

[legalfalcon]

Hi @legalfalcon , can you help me with this?

I received my ITA couple of days ago and I found I have overstayed in the US in 2016 for 4 months and I left the US voluntarily without any removal or deportation procedure. My criminal record from FBI is also clean.

I plan to disclose full detail in letter of explanation, but how should I answer the statutory questions? Should I answer no to all of them?

Thanks in advance.

You do not have to disclose this as you never opted for voluntary departure from ICE or an immigration judge. You just overstayed and left US on your own without a removal order.

So if you read the statutory questions, you do not fall under any one of them where you have to answer yes.

Also, after a US visa expires, as per US immigration law you get a grace period to leave the country. This depends on the type of visa you had.

• F-1 visa holders have 60 days after their program end date to leave the United States. For F-1 students who participate in post-completion optional practical training, they have 60 days after their employment ends to depart.
• M-1 visa holders have 30 days after their program end date to leave the United States. M-1 students who participate in practical training have 30 days after their EAD expires to depart.

If you have left the US, your previous overstay will not necessarily prevent you from returning to the US unless you accrued 180 days or more of unlawful presence before leaving and are therefore barred from reentry.

If you accrued fewer than 180 days of unlawful presence, you can still apply to return to the US if you otherwise qualify for another nonimmigrant or immigrant status. However, you will have to explain why you overstayed.

 

[legalfalcon]

I am PNP paper based applicant

AR 08/10/2019
AOR 15/01/2020

Please have a look my below timeline for details.

I haven't done medical and that's why i seeking for your advise for upfront.

For paper based applications you have to do the medicals after IRCC sends you medical request.

 

[caipsnotes]

I am PNP paper based applicant

AR 08/10/2019
AOR 15/01/2020

Please have a look my below timeline for details.

I haven't done medical and that's why i seeking for your advise for upfront.

Provincial Nominee Program: After you apply (paper process)

Medical exams and police certificates
If you applied through the paper-based process, we’ll tell you when to submit these documents.

See https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/provincial-nominees/after-apply-next-steps.html

 

[claudedunk]

You do not have to disclose this as you never opted for voluntary departure from ICE or an immigration judge. You just overstayed and left US on your own without a removal order.

So if you read the statutory questions, you do not fall under any one of them where you have to answer yes.

Also, after a US visa expires, as per US immigration law you get a grace period to leave the country. This depends on the type of visa you had.

• F-1 visa holders have 60 days after their program end date to leave the United States. For F-1 students who participate in post-completion optional practical training, they have 60 days after their employment ends to depart.
• M-1 visa holders have 30 days after their program end date to leave the United States. M-1 students who participate in practical training have 30 days after their EAD expires to depart.

If you have left the US, your previous overstay will not necessarily prevent you from returning to the US unless you accrued 180 days or more of unlawful presence before leaving and are therefore barred from reentry.

If you accrued fewer than 180 days of unlawful presence, you can still apply to return to the US if you otherwise qualify for another nonimmigrant or immigrant status. However, you will have to explain why you overstayed.

Thanks for the detailed explanation. Unfortunately I already included grace period when I calculated the overstaying time in the US.

My concern is if I do not disclose such experience in letter of explanation, will IRCC consider it as misrepresentation? I believe IRCC will definitely notice my overstay in the US because they share all the information with USCIS.

Thanks in advance.

 

[vihuynh]

If you wish to submit your Passport for visa and COPR at a VO different form what the instructions state, you have to inform IRCC and IRCC will send you a new set of instructions accordingly. This is because your file is at Ho Chi Minh , and will have to be transferred to Singapore for Singapore to generate your COPRS.

Thank you so much @legalfalcon

 

[Hannan Khan]

Hi @legalfalcon I am an SINP nominee filing EE PR. I just realized I checked no to visa refusal on IMM5669 in my SINP application and got nominated (honest mistake). However, I do need to mention the refusal to UK in my EE application. What should I do now? Should I explain in an LOE to CIC or do I need to go back and inform SINP too? I can't afford to loose this nomination.

 

[vihuynh]

If you wish to submit your Passport for visa and COPR at a VO different form what the instructions state, you have to inform IRCC and IRCC will send you a new set of instructions accordingly. This is because your file is at Ho Chi Minh , and will have to be transferred to Singapore for Singapore to generate your COPRS.

Thank you so much. However in my PPR, They mention that We can submit pps at any VAC for applicants residing outside of Canada so Can we get any stucks if apply in VAC Singapore?

 

[legalfalcon]

Thank you so much. However in my PPR, They mention that We can submit pps at any VAC for applicants residing outside of Canada so Can we get any stucks if apply in VAC Singapore?

If you PPR does not provide any country specific instructions, then you can. However, most PPRs will provide instructions on how to submit the passport in the country of residence.

 

[legalfalcon]

Hi @legalfalcon I am an SINP nominee filing EE PR. I just realized I checked no to visa refusal on IMM5669 in my SINP application and got nominated (honest mistake). However, I do need to mention the refusal to UK in my EE application. What should I do now? Should I explain in an LOE to CIC or do I need to go back and inform SINP too? I can't afford to loose this nomination.

All your visa refusals should be declared in your application, not doing so can lead to misrepresentation. As per law you have an obligation to be truthful. Section 16(1) of the IRPA states:

• 16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

See Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII), <http://canlii.ca/t/hr59k
Alalami v. Canada (Citizenship and Immigration), 2018 FC 328 (CanLII), <http://canlii.ca/t/hr6r1>

If you inadvertently missed declaring your prior visa refusal in your SNIP, then you should inform SNIP and also answer the questions truthfully in your EE application.

 

[legalfalcon]

Thanks for the detailed explanation. Unfortunately I already included grace period when I calculated the overstaying time in the US.

My concern is if I do not disclose such experience in letter of explanation, will IRCC consider it as misrepresentation? I believe IRCC will definitely notice my overstay in the US because they share all the information with USCIS.

Thanks in advance.

Since I am not privy to your documents and your case, you should disclose it. Overstaying in the US by itself will not impact a decision on your PR application.

But you should disclose it and mention it in the LoE.

 

[claudedunk]

Since I am not privy to your documents and your case, you should disclose it. Overstaying in the US by itself will not impact a decision on your PR application.

But you should disclose it and mention it in the LoE.

Really appreciate your help, I will include a LOE in optional files.

To be more specific, I overstayed my post-completion OPT because I failed to find a job in 90 day grace period and stayed another 100 days until I finally found a job in my home country and then flew back to my home country to work.

Hope this mistake I made 4 years ago will not affect my PR application in Canada.

 

[Tee23]

Hi @legalfalcon,
In my EE profile, I made a mistake with the date filling my spouse work history.
My spouse resigned from his previous in the year 2016 but I wrote 2015 in our EE profile.

Now Post ITA, can we change the year to the correct year, since we are not claiming any point from his work history. Also, his reference letter states 2016. Please I need your advice.

 

[legalfalcon]

Hi @legalfalcon,
In my EE profile, I made a mistake with the date filling my spouse work history.
My spouse resigned from his previous in the year 2016 but I wrote 2015 in our EE profile.

Now Post ITA, can we change the year to the correct year, since we are not claiming any point from his work history. Also, his reference letter states 2016. Please I need your advice.

If your spouse is the dependent applicant, and you are not claiming points for your spouse's work history, then you do not need to enter it in the work history. You can simply answer no and have the work history as a part of personal history.

If you enter work history, you will be asked to provide work reference letters.

And yes, you can change the date post ITA.

 

[legalfalcon]

Really appreciate your help, I will include a LOE in optional files.

To be more specific, I overstayed my post-completion OPT because I failed to find a job in 90 day grace period and stayed another 100 days until I finally found a job in my home country and then flew back to my home country to work.

Hope this mistake I made 4 years ago will not affect my PR application in Canada.

It will not as long as you disclose it.

 

[vihuynh]

Earlier IRCC was sending COPRs by email for inland applicants and effective that date, you became a PR. Once you are a PR, all visas are cancelled as you no longer need a visa to enter Canada.

Lately this can been discontinued and IRCC now wants applicants to create an account on an online portal to activate the COPR.

If you fall in the latter category, then you can travel back on TRV. If not, and if your COPR is activated, you will have to apply for a PRTD.

My brother was in same case. Last week, he just returned Toronto from Japan when he was on the way to Singapore. He received CoPR this June however he did't get PR card yet. Before he flew, IRCC informed that he became PR and all visaa are cancelled. However He returned by TRV and valid work permit.