Am I eligible to apply in Buffalo Office with this huge problem?

[mjsantos]

Hi. I arrived in the US in 1996 in a 6-month tourist visa. I overstayed and was illegal for about one year. Then, luckily, I won the lottery visa and received my work authorization and social security. In three years I was able to renew it. However, after three years, I went to the office to renew it and they denied claiming that I never appeared for my interview. I never received any communication from them requesting me to appear for an interview. Now, 12 years later, I have an illegal status. My brother is an American citizen and he applied for me with a relative petition. It has been 7 years and I have not heard anything from them yet. I work, pay my taxes, but I am illegal. I graduated from a college in New York City and now I want to immigrate to Canada. Will I encounter any problems being illegal here in the US?

Thank you.

 

[Leon]

You can apply through Buffalo if you were admitted for one year at some point. They will not ask you about your status, just if you have ever been deported from somwhere and you have not. Since you are waiting on applications, you are not really illegal, more like your status is pending.

 

[jalbert]

You can apply through Buffalo if you were admitted for one year at some point. They will not ask you about your status, just if you have ever been deported from somwhere and you have not. Since you are waiting on applications, you are not really illegal, more like your status is pending.

I believe that he or she has to be legally admitted for a year at the time of the application. So, if he or she is illegal now it will not be possible.

 

[Leon]

I believe that he or she has to be legally admitted for a year at the time of the application. So, if he or she is illegal now it will not be possible.

I wouldn't call this illegal status though. Waiting for appeals with immigration is more like pending or implied status.

 

[Leon]

Since your friend doesn't live in the US anymore, I think it's unlikely he could still apply there. What would he gain from applying in the US anyway? As it has been posted on several threads, the rules for skilled worker are changing. CIC has promised that waiting times under the new rules will be under 12 months. No more 6-7 year waiting lists. However, they will be tied to 38 professions so if your friends profession is not one of them, he will probably have to find another way to immigrate.

 

[Maus]

Guys,

the immigration law says:

An application for a permanent resident visa ...— must be made to the immigration office that serves ... the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year

So it's quite clear that a person can submit his application for a PR status to the US office while residing legally in the US at the time of submission.

There is another unclear thing about the situation described: what does it mean "I work, pay my taxes, but I am illegal". Ok, I understand that one can work illegally, but paying taxes illegally ?! Sounds strange to me.

 

[cchabert]

Maus some people have Tax ID and paid taxes but they can't ask for Tax return, this one of the options the other ones are kinda fishy Do you understand?

 

[mjsantos]

That because you did not ready my first post. I did not say I was paying tax illegally. Ready again and think about your statement and the gravidity of it. What i said that I work, pay taxes but I am illegal. I have my social security and I pay my taxes legally. what is so strange about that!!!

 

[jalbert]

That because you did not ready my first post. I did not say I was paying tax illegally. Ready again and think about your statement and the gravidity of it. What i said that I work, pay taxes but I am illegal. I have my social security and I pay my taxes legally. what is so strange about that!!!

That if you are illegal, how is it that you have social security and pay taxes?. Illegal immigrants usually don't have social security.

 

[mjsantos]

Again, did u ready my first post? You should have read it first. I said I won the lottery visa here and they granted me my social security and work permit. I was legal waiting for my green card interview. However, since they lack organization, they denied my green card application claiming they sent me a notice of interview and I never appeared. I never received anything from them. I fought it and there was nothing I could do. Therefore, I kept my social security. That's why I have it.

 

[Maus]

I did not say I was paying tax illegally. Ready again and think about your statement and the gravidity of it. What i said that I work, pay taxes but I am illegal. I have my social security and I pay my taxes legally. what is so strange about that!!!

I've read every word of your post.
Could you please explain what do you mean saying "illegal" ? Which particular aspect of your living in the US is illegal, if you're legally working and paying taxes, legally graduated from the college ?

 

[cchabert]

Maus he was illegal for overstay with a tourist visa, after the lottery he's legal now

 

[Maus]

after the lottery he's legal now

He says that he was refused to renew his social security and work authorization, but at the same time he says that he does legally work and pay taxes... Is it possible ?

 

[Leon]

He was refused to renew his green card and appealed and never heard anything more. Maybe they lost his application or something.

 

[Maus]

Ok, it seems like everything depends on what he have heard from the government. If they said "you're illegal" - that means just that. If they said nothing, but are still accepting tax payments without hesitation - than I'd say his status is Ok.