Applying for EE, living in the US (from brazil) I am legal, husband not

[Faith2019]

Hello all!

I am working with a lawyer to possibly get a EE for me and my hubby. The lawyer said that I had higher points on the test than what is needed, which is great.

The problem is that we are living in the US and he is out of status. He entered in the country legally and had a 6months approval period, we applied for a extension of status and it was denied. So he overstayed since then, and it has been 4 years.

He never got a problem with the police...My concern is when we go to the police to take his fingerprints for the FBI background check.

Is there going to be a problem like deportation?

Please help!
(Brazilian couple here)

 

[schilz]

Per @scylla :

"Having illegal status in the US does not prevent you from applying for PR in Canada. Provided you are 100% honest about your immigration history, you can certainly be approved for PR. Assuming you're planning on applying for PR through the Express Entry program - they key question is how many points you have under the Express Entry system. This is what will determine if you are selected and if you will be successful.

It's also almost certain that you'll end up with a re-entry ban as soon as you leave the US (either 3 year re-enter ban or 10 year re-entery ban). So if you decide to go the Canadian immigrate route, make sure you're prepared to leave the US and not be able to return for a number of years."

Also:
The FBI PCC request might trigger some action against your husband as he has an outstanding warrant for his arrest as an overstayer, he would risk deportation from the US.

 

[tatotato]

Friend of friend in similar situation got the FBI PCC. Got fingerprinted on Boston PD HQ ($5), applied online, sent the fingerprints through mail. One week later, clean criminal record. Not a single problem.

 

[zardoz]

Getting biometrics done will be more of a challenge however. You can't use an ASC if you are not legally in the USA. You'd have to go to either NY or LA to visit the VAC instead...