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Canadian citizen marrying an illegal in USA

Able18

Member
Jun 28, 2011
10
0
Hello, me and my boyfriend have been together from almost a year now. I am a Canadian citizen. He came to USA through the Student Visa from U.A.E almost 10 years ago. He got out of status because after some time he stopped attending his college due to his health problems. After his visa got expired he got jailed but since all his record was clear they released him on bail bond. He attended all the court dates after that. They gave him 120 days to go back and come back with the new Visa. But it was not possible for him to do that because in Arab after living with parents when you get older you need to have a new Visa to start work. His Visa under parents got Expired so for his education he came to USA when he was 18. The only option left was to go to Pakistan but situations their aren't well or safe enough so he stayed there. Now he is illegal there.

We have planned for getting married there in USA and on border we apply for his asylum. The question is, is that is possible? He can't go back now because he will get deported and that is another long process. The only place he can go to is Pakistan but its not safe and he don't want to go there.
Is there any trouble free way to get him here in Canada if not the one we have planned?

Help would be appreciated.
Thanks.
 

newtone

Champion Member
Nov 10, 2010
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Whatever you do knowingly or unknowingly make sure this is not a marriage of convenience. As far as I know Pakistan is a safe country and foreign males over the age of 18 in U.A.E cannot be under the sponsorship of their parents. Having said that he could go to U.A.E under work permit or under the sponsorship of a University.If he cannot study due to health reasons I don't see his urgency to marry due to the same reasons
 

Able18

Member
Jun 28, 2011
10
0
Thanks for your opinion! Its not a MOC for sure! going back to U.A.E is not an option because we want to start our life. I live in Canada that's why we have planned to get him here so we can live together. We are different caste. Pakistan's situation is not safe specially on religion bases. If he goes back it will take 2-5 years to get him here. That is why we were planning to get him asylum. If we do that on border would that work because there is no other option now?
 

newtone

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Nov 10, 2010
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Its going to be hard for him to get immigration, Canada is not going to look at his case favourably considering he overstayed his welcome in U.S. The case may hang for about 7 to 8 years which means he could be under removal order anytime. Really depends if you want to be with someone whos future is uncertain? I dont know if the religious aspect would hold considering there are many religions in Pakistan living safely without being persecuted. For exaple wearing a burqa in France is outlawed, does it mean Muslim people are being persecuted? and they sould seek asylum in Canada? There is no law in Pakistan that says you will be persecuted if you belong to a certain religion. Pakistan soverign country and is part of United Nations which holds certain standards governing protection to religious minorites.
Your situation is unique, I am no expert but I would strongly suggest you hire a lawyer and see what could be done.
 

Leon

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Jun 13, 2008
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I think it is not a good move to try to apply for an asylum for him. You can go to the US, marry him and apply to sponsor him for PR. His overstay history in the US will not really matter much for a PR application because it is not possible to overstay a PR. Many illegals in the US have applied for PR in Canada and gotten it.

You do however need to prove that your relationship is genuine. Phone bills, chat logs, photos, proof of visits, emails etc.