Advice on a very complicated immigration situation.

[JosephPeter]

My wife has a job offer in Calgary as a cook at a restaurant, however she was an illegal immigrant in the U.S. (She is now back in Mexico)
Here are my questions & concerns about our situation is this.

1. Will her immigration violation in the U.S. disqualify her from getting a work visa and immigrating to Canada?
2. If she is denied could I get a job in Canada and bring her in as a spouse?


Background story - I met my wife 10 years ago in the U.S. she came to the U.S. when she was 19 years old we have been married 5 years and we have 2 children that are also U.S. citizens. One year ago we were voluntarily trying to fix her illegal status in the U.S. and it backfired on us because we were told that she was eligible for a waiver and that she had to go back to Mexico for processing. When she went back to Mexico we found out that she was in fact not eligible and banned from re-entering the U.S. or applying for a U.S. visa for 10 years. She has never committed any crime just this immigration violation from 13 years ago which is technically under U.S. law a civil violation not a criminal offense. Now my wife and children are living in Mexico while I am working in the U.S. to support them.

We want to immigrate to Canada and re-unite our family where we can live and work and hopefully in a few years become residents.
We were told a work visa would be the fastest route.



Thank you for any advice you could give on this subject.

 

[Leon]

My wife has a job offer in Calgary as a cook at a restaurant, however she was an illegal immigrant in the U.S. (She is now back in Mexico)
Here are my questions & concerns about our situation is this.

1. Will her immigration violation in the U.S. disqualify her from getting a work visa and immigrating to Canada?
2. If she is denied could I get a job in Canada and bring her in as a spouse?


Background story - I met my wife 10 years ago in the U.S. she came to the U.S. when she was 19 years old we have been married 5 years and we have 2 children that are also U.S. citizens. One year ago we were voluntarily trying to fix her illegal status in the U.S. and it backfired on us because we were told that she was eligible for a waiver and that she had to go back to Mexico for processing. When she went back to Mexico we found out that she was in fact not eligible and banned from re-entering the U.S. or applying for a U.S. visa for 10 years. She has never committed any crime just this immigration violation from 13 years ago which is technically under U.S. law a civil violation not a criminal offense. Now my wife and children are living in Mexico while I am working in the U.S. to support them.

We want to immigrate to Canada and re-unite our family where we can live and work and hopefully in a few years become residents.
We were told a work visa would be the fastest route.

Thank you for any advice you could give on this subject.

Having overstayed in the US will make it hard for her to get a work permit in Canada. Another option would be to try to apply for PR directly. If she is able to do that, the processing will take longer but there is no risk of overstay when you apply for a PR. She could for example see if she qualifies under the skilled worker program with a job offer, see http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp or under AINP, see http://www.albertacanada.com/immigration/immigrating/ainp-eds-skilled-worker-criteria.aspx

If she is unable to do it, you could try to find a job in Canada and manage to apply for PR for yourself and your family. With the overstay history, it is possible that your wife would not be allowed to join you on a temporary permit so you might have to wait until you get PR.

 

[luisdneza]

My wife has a job offer in Calgary as a cook at a restaurant, however she was an illegal immigrant in the U.S. (She is now back in Mexico)
Here are my questions & concerns about our situation is this.

1. Will her immigration violation in the U.S. disqualify her from getting a work visa and immigrating to Canada?
2. If she is denied could I get a job in Canada and bring her in as a spouse?


Background story - I met my wife 10 years ago in the U.S. she came to the U.S. when she was 19 years old we have been married 5 years and we have 2 children that are also U.S. citizens. One year ago we were voluntarily trying to fix her illegal status in the U.S. and it backfired on us because we were told that she was eligible for a waiver and that she had to go back to Mexico for processing. When she went back to Mexico we found out that she was in fact not eligible and banned from re-entering the U.S. or applying for a U.S. visa for 10 years. She has never committed any crime just this immigration violation from 13 years ago which is technically under U.S. law a civil violation not a criminal offense. Now my wife and children are living in Mexico while I am working in the U.S. to support them.

We want to immigrate to Canada and re-unite our family where we can live and work and hopefully in a few years become residents.
We were told a work visa would be the fastest route.



Thank you for any advice you could give on this subject.

I'm from Mexico too and lived in the states for 22 years. I got deported from the states in 2011 and when I got to Mexico I started looking for a job contract in Canada. Luckily I found one and I'm trying now to get my resident card to be reunited with my family. I would suggest just to write the truth in the work permit application that's what I did. I didn't even had an immigration interview. My work visa came in one month after getting the LMO of course. Best of luck.

 

[eira]

Over 90 days Expired work permit, how to resolve

Hello everyone!
I would like to ask if there is a chance to restore a status after 90 days,

here is the situation:

my friend is a live-in cargiver here in Canada, she did apply for permanent resident and was received by the the CIC last May 2012,
in the application she forgot to apply for an open permit, so she did call the immigration and advised her to make an application for open permit indicating that she had already an on-going application for permanent resident. She also asked the cic representative if its ok to stay in canada even if the work permit is about to expire, she told her that she does not need to because she already had her application for permanent resident received. she then applied for open permit last October2,2012, but then yesterday (January 4,2013) she received a letter from immigration that her application is denied, and must leaved canada ASAP.
In this situation we found out by reading info in cic that she must applied for restoration of work permit not later than 90 days upon expiration of her work permit. she did rely on the information from cic representative that she does not need to apply for working permit extension.
In this case is there anything that she can do to restore her status in canada without leaving canda?

a help from you guys reading this is really appreciate, she need advise as soon as possible, because if there is no way to restore she have to leave in order to not throw her on-going Permanent \resident application.
thank you so much

 

[annemarie91104]

Re: Over 90 days Expired work permit, how to resolve

Hello everyone!
I would like to ask if there is a chance to restore a status after 90 days,

here is the situation:

my friend is a live-in cargiver here in Canada, she did apply for permanent resident and was received by the the CIC last May 2012,
in the application she forgot to apply for an open permit, so she did call the immigration and advised her to make an application for open permit indicating that she had already an on-going application for permanent resident. She also asked the cic representative if its ok to stay in canada even if the work permit is about to expire, she told her that she does not need to because she already had her application for permanent resident received. she then applied for open permit last October2,2012, but then yesterday (January 4,2013) she received a letter from immigration that her application is denied, and must leaved canada ASAP.
In this situation we found out by reading info in cic that she must applied for restoration of work permit not later than 90 days upon expiration of her work permit. she did rely on the information from cic representative that she does not need to apply for working permit extension.
In this case is there anything that she can do to restore her status in canada without leaving canda?

a help from you guys reading this is really appreciate, she need advise as soon as possible, because if there is no way to restore she have to leave in order to not throw her on-going Permanent \resident application.
thank you so much

please post it to foreign workers somebody might have an insight for this.but she should apply an open work permit together permanent residency apps.

 

[SenoritaBella]

Re: Over 90 days Expired work permit, how to resolve

If her work permit expired before October 2, 2012(the day she applied for an open work permit), then she was out of status and should have applied for restoration of status($200) AND the open work permit($150) at the same time.

Because she did not do this and it has been more than 90 days since the work permit expired, she does not have legal status in Canada and can not stay. Note that if she does not leave within 30 days(or the time given in the letter), it may become a deportation order(can lead to a lengthy ban from Canada).

My advice is your friend should consult an experience immigration lawyer(not consultant) immediately to find out whether she can apply for a temporary resident permit.

Hello everyone!
I would like to ask if there is a chance to restore a status after 90 days,

here is the situation:

my friend is a live-in cargiver here in Canada, she did apply for permanent resident and was received by the the CIC last May 2012,
in the application she forgot to apply for an open permit, so she did call the immigration and advised her to make an application for open permit indicating that she had already an on-going application for permanent resident. She also asked the cic representative if its ok to stay in canada even if the work permit is about to expire, she told her that she does not need to because she already had her application for permanent resident received. she then applied for open permit last October2,2012, but then yesterday (January 4,2013) she received a letter from immigration that her application is denied, and must leaved canada ASAP.
In this situation we found out by reading info in cic that she must applied for restoration of work permit not later than 90 days upon expiration of her work permit. she did rely on the information from cic representative that she does not need to apply for working permit extension.
In this case is there anything that she can do to restore her status in canada without leaving canda?

a help from you guys reading this is really appreciate, she need advise as soon as possible, because if there is no way to restore she have to leave in order to not throw her on-going Permanent \resident application.
thank you so much