deportation from US then apply for PR in Canada

[forjc123]

Hi,

My partner when she was 16 years old was ordered to leave the US because of failed asylum claim of her parents. They fought the case but lost so they were ordered to leave voluntarily. They agreed with the decision but did not leave the US. This happened in 1997 and after 10 years they are still here in the US. My question is, can I include her in my PR application with her status considering she was a minor then? I will be applying as the primary applicant but I'm an undocumented as well. I have a BS degree in Biology and worked in a lab in my home country for over 1 year. I visited the US and started to work and pay taxes in a mortgage company even without a valid working visa. Second question is, I'm I be eligible to apply in my home country with my situation with my assesment of 76 points including my work experince in the US?

Desperate answer,

Warren

 

[Libra]

Re: deportation in US then apply for PR in Canada

Hi,

My partner when she was 16 years old was ordered to leave the US because of failed asylum claim of her parents. They fought the case but lost so they were ordered to leave voluntarily. They agreed with the decision but did not leave the US. This happened in 1997 and after 10 years they are still here in the US. My question is, can I include her in my PR application with her status considering she was a minor then? I will be applying as the primary applicant but I'm an undocumented as well. I have a BS degree in Biology and worked in a lab in my home country for over 1 year. I visited the US and started to work and pay taxes in a mortgage company even without a valid working visa. Second question is, I'm I be eligible to apply in my home country with my situation with my assesment of 76 points including my work experince in the US?

Desperate answer,

Warren

Canadian Law says: You [MUST] have been lawfully admitted into the United States for a period of at least one year.

So, since you were not legally admitted into the U.S., you do not satisfy the residency requirement, which bars you from applying for Canadian immigration as the principal applicant.

The same goes for your girlfriend - The United States ordered her family to leave - voluntarily or not - therefore, Canada would recognize her or members of her family as "hostile" residents of the United States.

The fact that she was a minor when her family was deported bears no weight, she was considered deported as well.

You may always contact a Canadian Lawyer to verify all of this.

 

[Libra]

Re: deportation in US then apply for PR in Canada

Second question is, I'm I be eligible to apply in my home country with my situation with my assesment of 76 points including my work experince in the US?

Desperate answer,

Warren

Yes, with 76 points, you are eligible to apply from your home country, which is best in your case for any of the Permanent Resident Immigration categories.

 

[george1981]

hi im new to this forum and i needed some information. I am currently in the USA and am almost done with my degree. i got into some trouble with immigration and i am currently appealing a denied asylum claim( not looking so good). I am looking into migrating to Canada. I am currently in the USA with an indefinite parole till my asylum claims is decided...any advise on where i should start will be highly appreciated

 

[thaiguy]

If you were admitted to the U.S. legally for at least one full year (and then overstayed your visa), you can still apply to immigrate to Canada from the U.S.

If you were never admitted to the U.S. legally for at least one year, you'll have to return to your home country to apply to immigrate to Canada.

You can get a free assessment to see whether you're qualified to immigrate as a skilled worker here:

https://www.canadavisa.com/assess/canada-immigration-assessment-form.htm

 

[chau01]

Hi,

What if you are on study visa for the last six years in UK have achieved one degree but not studying anymore and working full time on study visa, Will one be eligible to apply for Canadian Immigration?

Thank you

 

[thaiguy]

chau01

You can apply to immigrate to Canada from any country to which you were legally admitted for at least 1 year. Since it sounds like your study visa in the UK was for at least one year, "yes," you can apply from the UK.

To see whether you qualify as skilled worker, you take an online assessment.

http://www.canadavisa.com/assess/canada-immigration-visa.htm

 

[george1981]

I am currently here in the USA on an indefinate parole..im applying for asylum from my country..so this in some puts me here legally..do i still have a chance at getting a Permanent residency in canada...i have years of work experience and im almost done with my bachelors degree

 

[ROMANIAUSA]

I AM CURRENTLY HERE IN THE USA.NY .FROM 2000(I AM FROM ROMANIA)
I HAVE BEEN LAWFULLY ADMITTED INTO THE USA FOR A PERIOD OF 6 MONS (TURIST VISA)END 1 YEAR (STUDY VISA) I AM LOOKING INTO MIGRATING TO CANADA ,ORDER TO LEAVE VOLUNTARLIY IN 27.04.08.I CAN APPLY TO IMMIGRATE TO CANADA FROM USA?
ANY ADVISE ON WHERE I SHOULD START WILL BE HIGHLY APPRECIATED
THANK YOU ,THANK YOU ,THANK YOU ,THANK YOU,
roxausaval@yahoo.com

 

[thaiguy]

george1981

It doesn't sound like you were actually admitted to the U.S. legally, but rather that you were given parole because your case is pending. There is a difference. Until your case is resolved in the U.S., I don't think you can apply for PR to Canada. Maybe someone else here knows differently.

RomaniaUSA

If your study visa specified you could stay for at least one year, then you can apply for PR to Canada from the U.S. If not, then you'll have to apply from your home country. You can start by completing this free assessment to see if you qualify:

http://www.canadavisa.com/assess/canada-immigration-visa.htm