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2canada2011

Newbie
Mar 14, 2011
5
0
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?
 
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.
 
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.
 
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! :)
 
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.
 
can u clarify
do u hv old i-94 stamped in passport
or r u no longer in legal status
 
2canada2011 said:
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.
 
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.
 
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,

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!
 
2canada2011 said:
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