Do you need a valid I-94 in order to apply for Canadian Permanent Residency?

[2canada2011]

Hi,

I would like to apply for Canadian Green Card from within US. However my I-94 has already expired. CIC requires a copy of visa from a country you currently live in to be sent along with other documents:

"If you live in a country different from your nationality, include a photocopy of your visa for the country where you currently live."

However they also say that they need a "proof of admission"
"If you do not reside in your country of nationality, provide proof that you have been lawfully admitted for a period of at least one year to your current country of residence. [...]

Submit photocopies of:
•current or expired entry/exit stamps in your national passport.
•current or expired status documents indicating the date you were admitted and the validity.
For USA residents only:
•I-94 card
•I-797
•IAP-66/DS-2019 (for J-1 status)
•I-20 (for F-1 status)

My question is quite simple. Will CIC mind that my current I-94 is expired or will my application be denied because of the I-94?

 

[2canada2011]

Anybody please? :

 

[krae]

Hello,

As long as you have entered lawfully in the country for a period of one year, the expiration of I-94 will not matter.

 

[BlueRobin]

Please read the line again. "you have been lawfully admitted for a period of at least one year". One could argue that once lawfully entered and stayed in a country for one year, current status does not matter. But in my view applicant's status should be valid during the application processing stage, till landing.

 

[2canada2011]

OK, I see that answers are inconclusive. 1 for and 1 against.

Please, does anybody have any experience direct or indirect on how this work and could share? I understand that the process is complicated and many members of this forum are not fully familiar with it. I'm a good example of that. That's why it would be helpful to get non-speculative answer if possible.

I also don't know what to enter on application imm0008 in field #6: "Your Status in That country." Any suggestions? The person that answers gets a big cold beer from me!

 

[Yinkuzi]

Ok. I am in the same situation as u are. I have out of status for a while. I used a lawyer though because of that. I already did my medicals last November and awaiting PPR.
I do not think the expiration matters. All that matters is coming in legally and being here legally for at least 1 full year.

 

[novsaggi]

can u clarify
do u hv old i-94 stamped in passport
or r u no longer in legal status

 

[Yinkuzi]

Both.

 

[upp942]

Hi,

I would like to apply for Canadian Green Card from within US. However my I-94 has already expired. CIC requires a copy of visa from a country you currently live in to be sent along with other documents:

"If you live in a country different from your nationality, include a photocopy of your visa for the country where you currently live."

However they also say that they need a "proof of admission"
"If you do not reside in your country of nationality, provide proof that you have been lawfully admitted for a period of at least one year to your current country of residence. [...]

Submit photocopies of:
•current or expired entry/exit stamps in your national passport.
•current or expired status documents indicating the date you were admitted and the validity.
For USA residents only:
•I-94 card
•I-797
•IAP-66/DS-2019 (for J-1 status)
•I-20 (for F-1 status)

My question is quite simple. Will CIC mind that my current I-94 is expired or will my application be denied because of the I-94?

I've read somewhere in this forum that somebody was given, although it has already been a couple of years ago, a PR status even though he was already illegal at the time his application was finalized. I just can't remember where I've read it or what his user name was.

 

[krae]

Hey,

As long as you entered legally and for at least one year period and do not have any criminal background, even if you don't have a valid I-94; you can apply for Canadian PR. As for the status in the country, I suggest you put whatever is in your passport or visa. But along with that have an attachment to inform that you have overstayed your visa or for whatever reason your I-94 is not valid. This way you will not be misrepresenting your application.

Best of luck.

 

[2canada2011]

Yinkuzi,

I don't mean to poke around in your application, but do you know/remember by any chance what did the attorney advise you to put in field #6 ("Your status in that country") Did you put your original status?


To all others thank you for your time and help. Good luck everyone!

 

[Yinkuzi]

Just double-checked it was "out of status"
Goodluck

 

[2canada2011]

Yinkuzi,

Thank you dearly for your prompt and honest replies. I think that your answer just helped many people. I wish you and your family all the best in Canada. Good luck!

 

[abhi812]

Hi,

I would like to apply for Canadian Green Card from within US. However my I-94 has already expired. CIC requires a copy of visa from a country you currently live in to be sent along with other documents:

"If you live in a country different from your nationality, include a photocopy of your visa for the country where you currently live."

However they also say that they need a "proof of admission"
"If you do not reside in your country of nationality, provide proof that you have been lawfully admitted for a period of at least one year to your current country of residence. [...]

Submit photocopies of:
•current or expired entry/exit stamps in your national passport.
•current or expired status documents indicating the date you were admitted and the validity.
For USA residents only:
•I-94 card
•I-797
•IAP-66/DS-2019 (for J-1 status)
•I-20 (for F-1 status)

My question is quite simple. Will CIC mind that my current I-94 is expired or will my application be denied because of the I-94?

Do you also neeed to submit for your wife