Can a person immigrate to Canada if he/she overstayed in the U.S.?
- Thread starter vvicky29
- Start date
No problem if you were legally admitted to the US for at least 1 year. To see if you qualify for Canada immigration hit the link >> http://www.cic.gc.ca/english/immigrate/index.asp
¬m2l
¬m2l
Dear friend, if you enter the US legally and still have your papers at the time that you are applying, the answer to your first question will be "YES". Once you get your PR nobody cares about you leaving the US and Canada just wants to make sure that you have your PR so you will not have any problem. This means that you should be legal in the US while applying for your PR.vvicky29 said:
Now, I am not sure if this is possible when you are already without paper since you will have to convince the OV that you have been admitted in the US for at list a period of one year (copy of your visa) and send them your I-94, H1B with your current status. To avoid all this, you could also go back home and apply directly from your home country.
Hope that other guys come and help you my friend…
Cheers,
Regularize ur papers first in the US before u apply. If u apply before doing that, chances are u will not get a PCC for your application bcos u're already in breach of the law. U may also consider relocating to home country as someone had advised.vvicky29 said:
Vicky,
Yes, you can apply if you were lawfully admitted to the U.S. for at least one year. Your current status is a moot point.
Please read section 5.17 of the CIC Operational Manuals - OP1 Procedures very carefully - "What is meant by lawfully admitted?"
"For the purposes of R11, situations in which an individual is considered to have been “lawfully admitted” will include (but are not limited to):
i) persons who were lawfully admitted, but no longer have legal status when the application is submitted. For example, a person who has entered a country lawfully but at some time subsequent to lawful admission has lost legal immigration status is considered to have been lawfully admitted, whether or not status has been restored at the time of the application to the visa office. Such applicants may or may not qualify for a visa, but their application must be accepted for processing and assessed on its merits;
ii) persons who initially were not lawfully admitted, but have since gained legal status and have legal status at the time an application is submitted"
Good luck!
Source: www . cic.gc.ca/english/resources/manuals/op/op01-eng.pdf (please take out the spaces)
Yes, you can apply if you were lawfully admitted to the U.S. for at least one year. Your current status is a moot point.
Please read section 5.17 of the CIC Operational Manuals - OP1 Procedures very carefully - "What is meant by lawfully admitted?"
"For the purposes of R11, situations in which an individual is considered to have been “lawfully admitted” will include (but are not limited to):
i) persons who were lawfully admitted, but no longer have legal status when the application is submitted. For example, a person who has entered a country lawfully but at some time subsequent to lawful admission has lost legal immigration status is considered to have been lawfully admitted, whether or not status has been restored at the time of the application to the visa office. Such applicants may or may not qualify for a visa, but their application must be accepted for processing and assessed on its merits;
ii) persons who initially were not lawfully admitted, but have since gained legal status and have legal status at the time an application is submitted"
Good luck!
Source: www . cic.gc.ca/english/resources/manuals/op/op01-eng.pdf (please take out the spaces)