Deported from USA

[scylla]

what is the best way to apply i have an USA citizen wife but i was deported from USA for Felony assault after i use to has a USA green card thank uuu all of u

You can apply through an economic immigration stream just like anyone else. However the process will most likely be longer due to the felony - you'll almost certainly have to apply for rehabilitation before you can apply to immigrate. Depending on how recent the felony was, it's also possible you may have to wait a few years before you will qualify for rehabilitation and can apply to immigrate to Canada.

How recent was the felony? When did you complete any sentence or penalty related to the felony?

The fact you have a US citizen wife or used to hold a green card has no impact on the process (either positive or negative).

 

[Simin77]

Hello,please advice , if secondary applicant had a 5 year overstay in UK should he mention his work details in personal history section in EE, he left the country voluntary. Got clean PCC too. Out of 5 years he did 2 year on tax paid job with his NI card , then 3 years just cash in hand job. So should he disclose all the work details in activity section or just write unemployed? Will CIC check on UK tax pay data to find out if he was employed during overstay? And finally how this will effect on PR application? Please advice a bit details of what would be the wise . thanks a lot

 

[Simin77]

Hello,please advice , if secondary applicant had a 5 year overstay in UK should he mention his work details in personal history section in EE, he left the country voluntary. Got clean PCC too. Out of 5 years he did 2 year on tax paid job with his NI card , then 3 years just cash in hand job. So should he disclose all the work details in activity section or just write unemployed? Will CIC check on UK tax pay data to find out if he was employed during overstay? And finally how this will effect on PR application? Please advice a bit details of what would be the wise . thanks a lot

 

[Peacekeeper87]

Hello,please advice , if secondary applicant had a 5 year overstay in UK should he mention his work details in personal history section in EE, he left the country voluntary. Got clean PCC too. Out of 5 years he did 2 year on tax paid job with his NI card , then 3 years just cash in hand job. So should he disclose all the work details in activity section or just write unemployed? Will CIC check on UK tax pay data to find out if he was employed during overstay? And finally how this will effect on PR application? Please advice a bit details of what would be the wise . thanks a lot

Yes it needs to be disclosed in Personal Activity section.
No impact on PR application. I doubt they will check as there are no points associated with it.
No worries here

 

[Simin77]

Yes it needs to be disclosed in Personal Activity section.
No impact on PR application. I doubt they will check as there are no points associated with it.
No worries here

Thank you. I thought so , its always better to be truthful . well. he overstayed there due to had a relationship with a girl. Also due to financial reason he couldnt extend his visa when it expired. Do u advice to mention this in a LOE for the reason of overstayed?

 

[Peacekeeper87]

Thank you. I thought so , its always better to be truthful . well. he overstayed there due to had a relationship with a girl. Also due to financial reason he couldnt extend his visa when it expired. Do u advice to mention this in a LOE for the reason of overstayed?

Unless he was refused a visa, deported, or charged with something as a consequence, there is no need to write about the reason as to why he overstayed. It's not required anywhere in the application. Overstay isn't an issue when it comes to Canada PR.
In personal activity, just disclose what he was doing, when, and where.

 

[Simin77]

Unless he was refused a visa, deported, or charged with something as a consequence, there is no need to write about the reason as to why he overstayed. It's not required anywhere in the application. Overstay isn't an issue when it comes to Canada PR.
In personal activity, just disclose what he was doing, when, and where.

He never refused or deported, he left voluntary. So I won't mention it? What if they found in BG check? Won't it look bad ? Do u think I should upfront provide this info as some others suggest me to do that. Please advice me. When he left at hithro airport the immigration just took some some note off his passport. It was in 2010 he left.

 

[Peacekeeper87]

He never refused or deported, he left voluntary. So I won't mention it? What if they found in BG check? Won't it look bad ? Do u think I should upfront provide this info as some others suggest me to do that. Please advice me. When he left at hithro airport the immigration just took some some note off his passport. It was in 2010 he left.

If no refusal or deportation or convictions, then you don't have a problem.

There is no need to mention the overstay, but nothing keeps you from it, and it won't look bad on your application whether you disclose the overstay or not. It may come up in BG check, but won't hurt your application if it did, as an overstay doesn't impact Canada PR, and the unauthorised work isn't used to claim points anyway...

But I feel you'll be more at ease if you did disclose it. I understand your concern, but these elements are evaluated differently than for a visitor visa, where it's a big NO NO.

So, in personal activity, you will have to mention the status for each activity (Citizen, work permit, Visitor...etc). So, because he didn't have authorisation to work, neither choices will really apply. What you can do then, is choose the closest valid option, and add "Please see LOE for more details". And there you can write your details, saying that he overstayed, and worked without permit.

It's really up to you!

 

[Simin77]

If no refusal or deportation or convictions, then you don't have a problem.

There is no need to mention the overstay, but nothing keeps you from it, and it won't look bad on your application whether you disclose the overstay or not. It may come up in BG check, but won't hurt your application if it did, as an overstay doesn't impact Canada PR, and the unauthorised work isn't used to claim points anyway...

But I feel you'll be more at ease if you did disclose it. I understand your concern, but these elements are evaluated differently than for a visitor visa, where it's a big NO NO.

So, in personal activity, you will have to mention the status for each activity (Citizen, work permit, Visitor...etc). So, because he didn't have authorisation to work, neither choices will really apply. What you can do then, is choose the closest valid option, and add "Please see LOE for more details". And there you can write your details, saying that he overstayed, and worked without permit.

It's really up to you!

Thank you for your input. In personal activity section no such option like out of status?
I think I should just write a simple LOE explain due to financial reason he couldn't extend his visa on time resulted overstay .

 

[Simin77]

Thank you for your input. In personal activity section no such option like out of status?
I think I should just write a simple LOE explain due to financial reason he couldn't extend his visa on time resulted overstay .

Is that gonna be OK you think? And not to add the reason for overstay but just to mention it in simple terms and apologized for this would make things ease ?

 

[Peacekeeper87]

Is that gonna be OK you think? And not to add the reason for overstay but just to mention it in simple terms and apologized for this would make things ease ?

Although you don't have to, sure you can do that.
But really, no need to apologise...

 

[inda]

What I would suggest is mention everything. Check Deportation box. It say to mention reason if any of above is YES. In that description column mention " Please see Annexure 1 & Deportation paper attached". Not disclosing any thing can be very dangerous in your case.

On Annexure 1: Describe whole scenario and sign at bottom. PM me if you need Annexure format.

Other documents: Deportation paper (includes reason of deportation) or any other paper from US authorities explaining deportation if any.

Also you have to submit FBI Clearance report along with application. It will prove that you were not convicted of any criminal case or immigration fraud (I don't know if you were convicted or not.)

No VO will reject you application before looking at the reason of deportation from another country. So don't worry. Only thing that is at the stake is $550.

Hope this helps

Hi,

My fiance is in the same situation, he was deported from US on F1 without any fraud/ criminal. It just improper travel documents. Will this effect his chances to apply for student visa or PR in canada ?

 

[scylla]

Hi,

My fiance is in the same situation, he was deported from US on F1 without any fraud/ criminal. It just improper travel documents. Will this effect his chances to apply for student visa or PR in canada ?

It will certainly impact the chances of getting a student visa. The chances of being approved for a student visa are very low. It will not impact PR as long as this US history is fully declared in the application.

 

[terulinkarezinka]

Wow, great thread in here, answered a lot of my questions.

I will add my situation here:
My husband overstayed US visitor visa - twice - but under one visitor visa only (granted for 10 years 1999-2009) entered in 1999 and then 2002, left for good in 2008.
- never got caught, charged, deported
- claimed work experience from US in WP application and PR application, obtained required FBI clearance with no problem

now we're applying for citizenship and we want to be honest BUT, how the hell do I fill Q13 regarding immigration status?
Q 13 asks: Do you or have you ever had any immigration/citizenship status in any country besides Canada (including your country of birth).

Because CIC does have his US work experience and address record, think we should state it - but he has only visitor status and then he was with no status at all there.
My idea is to state in Q13 visitor visa 1999-2009 (so it matches PR application) - so we don't misinterpret anything.

I've read in many forums here that overstaying your visa in another country should have no negative impact on citizenship application, is that correct?
Any opinions will be much appreciated.

 

[terulinkarezinka]

I also want to bring some relief to those asking about overstaying visa in US as I know there are many of hose looking for answers.
My husband overstayed in 1999-2001 and 2002-2008, never got caught, therefore no deportation or charges connected to it whatsoever.
We came to Canada in 2012, he found an employer and had to admit US work experience to base his WP application on relevant experience.
Then we had to keep going in PR application and filled truthfully work and address experience in PR application - as he was there for much more than 6 month, we had to apply for FBI clearance. We were able to obtain it even though he never had SSN.
We were never asked about any documents regarding his status in US, we just provided recommendation letter from previous employer in WP application.

We'll be applying for citizenship soon, now I'm just struggling with how to enter this time in US in the application.

We want to be 100% honest - misinterpretation is a big deal for CIC: just 2 recent cases:

my husbands daughter was incorrectly guided by visa agency to not list previous visitor visa denial from US and got 5 year ban (I know it's her fault but she did want to admit it and agency told her admitting means immediate rejection of her visa, we're now trying to reverse the decision with help of immigration lawyer)
A friend of ours overstayed US visa, never got caught, but admitted later to US embassy while already living back in his home country - received 5 year ban to enter US and few years after that was rejected for student visa in Canada.

So right here, clear proof US and Canada do share immigration data so best is to be honest.

I'll keep you guys posted regarding our case.

Good luck to everyone.