+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

zouzou

Newbie
Oct 12, 2012
7
0
i am a canadian citizen with an overstay problem in the usa. i am in canada now, but i can no longer go to the states. my boyfriend is an illegal immigrant in usa. he came to the usa illegally 20 years ago by crossing the border. about 5 years ago, his green card got approved but he went to jail for 3 years for an aggravated felony. his green card was then denied/cancelled. he then went to immigration jail for 3 months. he has been out of jail for 2 years now. he reports to the immigration office every 2 months in new york and he is facing deportation anytime now( as soon as his passport comes out)

if we get married and i am a canadian citizen, can he get citizenship? since i cannot go to the states right now, we cannot get married in usa. does he have to come across the border to canada? is there any way for this to work?

can he get his citizenship since he has a criminal record in the states?

PS. there is a huge age difference between us, but we are in love
 
He was convicted of a serious crime and was imprisoned for it. This will make it difficult for him to be approved to come to Canada.
You can read about criminality here on the CIC website:http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp
Basically he would have to wait for 10 years after his prison term ended, or apply for rehabilitation, to be acceptable for immigration.
 
You are about to make a lot of wrong choices.
 
if he (my boyfriend) went back to his country (where he is originally from) and we get married there, would he be able to get his canadian citizenship? would it be faster that way?
 
I have to agree with McDutch, that all doesnt sound very good :-( love can make you blind, i hope you make the right choises. Im sorry to say this, but it lets the alarm bells ring for me. Wish you the best though!
 
zouzou said:
if he (my boyfriend) went back to his country (where he is originally from) and we get married there, would he be able to get his canadian citizenship? would it be faster that way?

This is very close to being a clear case. He was jailed recently. Canada will not grant PR until 10 years has passed. It does not matter where you marry. At the minute your only option to be together is to live in Mexico (I assume that is the country you were making reference to).

For clarity as well. Your boyfriend even if granted PR in Canada (which is highly unlikely) would not qualify for citizenship until he completed 1095 days inside Canada in a 4 year given period. If your determined to go down this route, it is going to be very very expensive and time consuming. Also I suggest you hire a damn good lawyer to help you.
 
How old are you ZouZou and how old is he?
Where/how did you meet?
Why did you overstay in the US?
 
zouzou said:
if he (my boyfriend) went back to his country (where he is originally from) and we get married there, would he be able to get his canadian citizenship? would it be faster that way?
It won't help. He will still be barred from immigrating until he is rehabilitated: so 10 years after the prison sentence ended, or he is considered rehabilitated after applying for it. You will need a lawyer for this one.
 
i am 20 and he is 38.

we met through a friend.

and for my overstaying problem, it happend a long time ago.

i took a year off classes and wanted to travel around the states, not realizing the maximum time i could stay was 6 months. i stayed about 7-8 months.
 
will he need to wait for 10 years to get a PR? or is the 10 year wait for citizenship only?

with a PR, is he free to travel to places like japan or china?
 
zouzou said:
will he need to wait for 10 years to get a PR? or is the 10 year wait for citizenship only?

with a PR, is he free to travel to places like japan or china?

No he is not able to travel to those places. A lot of countries will find him inadmissable given his criminal history and when they see what it was for he will find it very very hard to gain entry to a lot of countries. He made his choice when he chose to live illegally in the States and now he is realising the consequences. I suspect and I am sorry to say this, he sees you as his golden egg and A chance of obtaining a status in another country other than his own. You need to sit down and think long and hard about what you are getting in to. Also just say "IF" he was granted PR for Canada and low behold he runs off after 6 months, you are still financially responsible for him. If he then goes on welfare you will have to pay all of it back.
 
Any country that needs a visitors visa will give him a lot of trouble because of his jailtime.

You sponsoring him is going to be REALLY really hard.
Especially if the jailtime he did was immigration related.
 
Also, CIC is probably doing you a favor.

Unless you are going to move to Mexico to be with him, but i doubt you will find the happiness that you think you are going for.
 
Hi


R151NG5UN said:
This is very close to being a clear case. He was jailed recently. Canada will not grant PR until 10 years has passed. It does not matter where you marry. At the minute your only option to be together is to live in Mexico (I assume that is the country you were making reference to).

For clarity as well. Your boyfriend even if granted PR in Canada (which is highly unlikely) would not qualify for citizenship until he completed 1095 days inside Canada in a 4 year given period. If your determined to go down this route, it is going to be very very expensive and time consuming. Also I suggest you hire a damn good lawyer to help you.

1. He is actually eligible to apply for rehabilitation 5 years after the completion of his sentence.
2. Depending on what his conviction was for, if he could have got 10 years or more in Canada, then "deemed rehabilitation" after 10 years doesn't apply.