Can I apply to Canada from the US if I was legally present over a year?

[pepeuni]

Hello there. I would really appreciate if somebody knows if it is possible in my case to apply to Canada. I came to the US with a 4 months J1 visa which was extended for another 4 months and then changed to a visitor visa (already expired), all that was done while I was in the US. I read in another thread that as long as you entered legally with at least a 1 year visa that was possible to apply from the US so I don't know if in my case it would apply since I was legally present for more than one year but I wasn't granted a 1 year visa right of the bat. I have no criminal history. My US citizen wife and I are tired of fighting the US immigration in court and are looking into other options. I always heard most Canadians are nice people so we would like to immigrate there. Thank you very much for all who take the time to read and respond this thread.

 

[computergeek]

If you were not admitted to the US for at least one year, you won't be eligible for US based processing. Your wife, of course, would be. If she can qualify for immigration, you could make her the primary applicant. Otherwise, you'll need to have an FSW application processed through your home visa office.

In fact, if your wife can qualify for a NAFTA qualified position, she could find a job in Canada, take the qualified offer, her evidence she meets the qualifications, pictures, fee, and application and get her own work permit at the POE. You could then obtain an open work permit as an accompanying spouse (although I'm not certain you can apply at the border - you may need to process your application through your home visa office). You could then apply from inside Canada and be processed through Ottawa.

Also, note that right now FSW is closed (until next January) unless you have pre-arranged employment.

 

[pepeuni]

Thanks for the reply. It is very much appreciated. I actually found this while looking in the form IMM5612E (Document Checklist):

"Proof of lawful admission is in the form of a stamp in the passport or a status document issued at the port of entry or other place of admission. If an extension of the original has been obtained, the evidence required would be a document or stamp issue by the ministry responsible for immigration matters, providing an extension up to one year or beyond"

My original J1 visa was issued for 6 months then changed to visitor for 4 months and extended for another 4 months. It seems that according to the wording of the directions in the form I would qualify for applying in the US location. Unfortunately my wife would not qualify for the NAFTA since her profession is not listed in it. All comments are always welcome. Thanks.