70 yr old senior for Visitor visa but with overstay in USA within 5 years

[IceD.]

Good day to all.
I am hoping to apply for my 75 year old mother’s visitor visa so she may revisit Canada (had Visitor visa multiple entry in year 1998 and came to Canada for a tour). Her young grandchildren and daughters are here who she has not seen in more than a decade (since birth to the grandchildren). As I was filling out the form there is a question about her travel records in the past 5 years. She returned from the US last 2022. She had overstayed in the US and got work over there while undocumented. My father who is 73 will not be joining her as he has some pre existing medical conditions. This is also the reason why she will need to go back to take care of her husband’s health. We think of not applying for supervisa since we think it will take longer and she has no plans of staying more than 3 months anyway. She has multiple properties and a good bank account plus her other child and grandkids plus my father as her ties to her country. Also, she is already 70 years old. My sister and I are both Canadians now, as well as all her grandchildren.
My question is, how do we answer the question about her travel records, and how can we prove that she has no intentions of overstaying in Canada as she just wishes to visit her daughters and grandkids, who she has not seen for more than a decade, for a few months?
Thank you for those who will find time to respond.

 

[scylla]

Good day to all.
I am hoping to apply for my 75 year old mother’s visitor visa so she may revisit Canada (had Visitor visa multiple entry in year 1998 and came to Canada for a tour). Her young grandchildren and daughters are here who she has not seen in more than a decade (since birth to the grandchildren). As I was filling out the form there is a question about her travel records in the past 5 years. She returned from the US last 2022. She had overstayed in the US and got work over there while undocumented. My father who is 73 will not be joining her as he has some pre existing medical conditions. This is also the reason why she will need to go back to take care of her husband’s health. We think of not applying for supervisa since we think it will take longer and she has no plans of staying more than 3 months anyway. She has multiple properties and a good bank account plus her other child and grandkids plus my father as her ties to her country. Also, she is already 70 years old. My sister and I are both Canadians now, as well as all her grandchildren.
My question is, how do we answer the question about her travel records, and how can we prove that she has no intentions of overstaying in Canada as she just wishes to visit her daughters and grandkids, who she has not seen for more than a decade, for a few months?
Thank you for those who will find time to respond.

You have to answer all questions truthfully. Canada and the US share immigration information so Canada will find out regardless.

You haven't mentioned the length of her overstay in the US. She should show proof of ties such as the property ownership and funds.

It may be wiser to request a visit to Canada of 2-3 weeks vs. several months given she violated the terms of her US visa.

 

[IceD.]

You have to answer all questions truthfully. Canada and the US share immigration information so Canada will find out regardless.

You haven't mentioned the length of her overstay in the US. She should show proof of ties such as the property ownership and funds.

It may be wiser to request a visit to Canada of 2-3 weeks vs. several months given she violated the terms of her US visa.

Thank you for the information. She stayed around 12 years I believe. So it was really very long. Do you think an explanation letter will help the application?

 

[scylla]

Thank you for the information. She stayed around 12 years I believe. So it was really very long. Do you think an explanation letter will help the application?

That is a very long overstay.

I don't know if an explanation letter will help or what you would say in that letter given how long she overstayed and the fact she also worked illegally. Maybe others can comment.

I think what is most important is for her to show very strong ties to her home country and also strong proof of funds. I would keep the trip to 2-3 weeks at most.

It's quite possible she may be refused due to her immigration history in the US. But give it a try all the same.

Separately, please make sure she does not attempt to re-enter the US until sometime after 2032. I assume she is aware that she has a 10 year ban from the US as a result of the overstay.

Good luck.

 

[IceD.]

That is a very long overstay.

I don't know if an explanation letter will help or what you would say in that letter given how long she overstayed and the fact she also worked illegally. Maybe others can comment.

I think what is most important is for her to show very strong ties to her home country and also strong proof of funds. I would keep the trip to 2-3 weeks at most.

It's quite possible she may be refused due to her immigration history in the US. But give it a try all the same.

Separately, please make sure she does not attempt to re-enter the US until sometime after 2032. I assume she is aware that she has a 10 year ban from the US as a result of the overstay.

Good luck.

Thanks.
On the answer to the form asking about the 5 year travel, I will have to answer the date she arrived and departed the US right? Even if it encompasses 5years?

 

[scylla]

Thanks.
On the answer to the form asking about the 5 year travel, I will have to answer the date she arrived and departed the US right? Even if it encompasses 5years?

Yes, I think she would need to do that. You don't want her to end up with a misrepresentation ban. If there's anything that asks about where she was living or her status, she will need to declare that she was in the US without status.