Hi, I have been living in usa illegally for 10 years, I entered the country with a tourist visa but never came back to my country (mexico). My husband has a working visa here, but we would like to inmigrate to canada, since my status is illegal. We dont know what is the procedure. We would like to move to Vancouver. I am afraid to go back to my country and apply from there. What should we do? Help!!! We would like to apply for the skilled worker visa, but I dont know if i can apply for that If I studied here in usa while i was illegal. I am chef, and I know that there are many jobs in my field.
can i inmigrate to canada if i am ilegally in usa
- Thread starter dorita
- Start date
i remember some body said before you should have atleast 1 year of legal status to apply for immigration.
i think you can't apply.......
but wait for others to comment
i think you can't apply.......
but wait for others to comment
Yes, you can apply, the only issue is which VO is yours.
If your husband is the principal applicant (PA), then, you can apply and your VO will be either New York or Buffalo.
You can also apply if you are the PA, however, your VO is Mexico City as as Mexican, the jurisdiction of Mexico is for the canadian embassy there.
However, I've seen one incident in this forum for someone who is waiting passport stamping/Visa issuance while she was illegally staying in the US, so you might try your chance.
R11 from the IRPA states that you file your application with the commission based on your nationality or place of residence for a year.
Good luck.
If your husband is the principal applicant (PA), then, you can apply and your VO will be either New York or Buffalo.
You can also apply if you are the PA, however, your VO is Mexico City as as Mexican, the jurisdiction of Mexico is for the canadian embassy there.
However, I've seen one incident in this forum for someone who is waiting passport stamping/Visa issuance while she was illegally staying in the US, so you might try your chance.
R11 from the IRPA states that you file your application with the commission based on your nationality or place of residence for a year.
Good luck.
Dorita,
I relooked into R11, and found something interesting. Read below:
"11. (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves
(a) the country where the applicant is residing, if the applicant has been law-fully admitted to that country for a period of at least one year; or
(b) the applicant's country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted"
If I go by the literal meaning of lawfull admission, then and since you had a visitor visa, then, you actually have been lawfully admitted to the US. The issue is on how long that visa granted you lawful stay, is it 6 months, a year!
You need to weight your options however I feel you might be good to go.
Good luck
I relooked into R11, and found something interesting. Read below:
"11. (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves
(a) the country where the applicant is residing, if the applicant has been law-fully admitted to that country for a period of at least one year; or
(b) the applicant's country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted"
If I go by the literal meaning of lawfull admission, then and since you had a visitor visa, then, you actually have been lawfully admitted to the US. The issue is on how long that visa granted you lawful stay, is it 6 months, a year!
You need to weight your options however I feel you might be good to go.
Good luck
tourist visas require maximum stay of 6 months in one entry regardless of total duration of visa. in my opinion she on her own is not eligible. but if her husband is principal applicant she can apply then...........Mezo2009 said:
I am a little bit on the same boat. I am the principal applicant (US citizen), my husband has came into US with a a US K-3 Visa (valid for 2 yrs) and never passed his green card interview in the US. He is not yet illegal in US, because the US Immigration didn't reject us yet, just place us on review and it has been over 2 yrs now.
We are in the process of applying to Canada's post 6/26 FSW. We are still waiting for our PER.
I hope we still qualify for Canada.
We are in the process of applying to Canada's post 6/26 FSW. We are still waiting for our PER.
I hope we still qualify for Canada.
Will you be able to get police clearance certificate from USA? Send a general inquiry about your doubts to a Canadian visa office before proceeding with investing time and money in the immigration process.dorita said: