Entering Canada after Voluntary Deportation in US

[garcias]

Hello,
My husband was picked up by immigration during a traffic stop more than 10 years ago, was transported to immigration jail then signed voluntary deportation papers and had to leave the country. He was deported for being an illegal undocumented alien, he has no criminal record other than a few traffic tickets over the years, all of which have been paid off. A few months after being deported, he re-entered the country again as an illegal alien and has lived here in the US since then...that was more than 10 years ago. Three years ago, we got married and since have had 2 children. My children and I are US citizens. We have consulted with 2 different immigration attorneys regarding our options of obtaining legal residency for my husband but both attorneys have told us that my husband is subject to the 10 year ban because of the voluntary deportation and thus is not eligible for application of legal status of any kind unless he lives outside the country for 10 years and then tries applying for legal status from outside the US. There are opportunities for me to work in Canada with my current profession and I would like to consider moving there in hopes of a plan that will keep our family from being separated. If I'm granted status to work and live in Canada do you know if Canada would allow my husband to apply for some kind of legal status also given that he was deported from the US for being undocumented? Thank you so much for any information you have to share

 

[Buletruck]

The fact he is currently living illegally in the US probably won't bode well for him. Shows a complete lack of respect for the countries immigration laws and suggests a strong risk of overstaying in Canada. You can certainly apply for a LMIA to work here, and make sure you include his overstay and stays in the application for him, but I wouldn't expect very positive results. Just my opinion.

 

[gehtrew]

Hello,
My husband was picked up by immigration during a traffic stop more than 10 years ago, was transported to immigration jail then signed voluntary deportation papers and had to leave the country. He was deported for being an illegal undocumented alien, he has no criminal record other than a few traffic tickets over the years, all of which have been paid off. A few months after being deported, he re-entered the country again as an illegal alien and has lived here in the US since then...that was more than 10 years ago. Three years ago, we got married and since have had 2 children. My children and I are US citizens. We have consulted with 2 different immigration attorneys regarding our options of obtaining legal residency for my husband but both attorneys have told us that my husband is subject to the 10 year ban because of the voluntary deportation and thus is not eligible for application of legal status of any kind unless he lives outside the country for 10 years and then tries applying for legal status from outside the US. There are opportunities for me to work in Canada with my current profession and I would like to consider moving there in hopes of a plan that will keep our family from being separated. If I'm granted status to work and live in Canada do you know if Canada would allow my husband to apply for some kind of legal status also given that he was deported from the US for being undocumented? Thank you so much for any information you have to share

I was in a situation similar to your husband.I resided in the U.S. for 21years,got picked up by I C E and was granted voluntary departure to my home country.I did not have a criminal record but a lot of traffic violations which was really minor.i was recently married to a Canadian citizen,we did however file through family sponsorship and I am patiently waiting on my passport to be returned with (God Blessing) my shiny visa.

 

[canuck78]

Unfortunately the situation is quite different. You did not re-enter illegally after being deported and your wife is a Canadian citizen which is the key factor.

 

[Buletruck]

I think the big difference here is that the OP seems to be looking for a work permit rather than a PR so they can meet the 10 year requirement before they apply for his status in the US. I am also assuming you didn't go back and live illegally in the US after your voluntary deportation. If I am not mistaken, the OP's husband is likely facing a lifetime ban from the US if he is caught again. They should be aware that IRCC and CBSA share information with US agencies. Applying in Canada will likely show his current status in the US on applications made later, so there is significant risk for him attempting to re-enter the US.

 

[scylla]

Hello,
My husband was picked up by immigration during a traffic stop more than 10 years ago, was transported to immigration jail then signed voluntary deportation papers and had to leave the country. He was deported for being an illegal undocumented alien, he has no criminal record other than a few traffic tickets over the years, all of which have been paid off. A few months after being deported, he re-entered the country again as an illegal alien and has lived here in the US since then...that was more than 10 years ago. Three years ago, we got married and since have had 2 children. My children and I are US citizens. We have consulted with 2 different immigration attorneys regarding our options of obtaining legal residency for my husband but both attorneys have told us that my husband is subject to the 10 year ban because of the voluntary deportation and thus is not eligible for application of legal status of any kind unless he lives outside the country for 10 years and then tries applying for legal status from outside the US. There are opportunities for me to work in Canada with my current profession and I would like to consider moving there in hopes of a plan that will keep our family from being separated. If I'm granted status to work and live in Canada do you know if Canada would allow my husband to apply for some kind of legal status also given that he was deported from the US for being undocumented? Thank you so much for any information you have to share

Your only chance of entering Canada as a family is to apply to immigrate and be accepted as permanent residents. Given your husband's status in the US and immigration history - there's zero chance he's going to be approved for any temporary visa. So this means a work permit, visitor visa and student visa aren't options. You can certainly get a temporary job in Canada - he's not going to be allowed to accompany you and you'll be separated. You need to look into immigrating if you want to stay together.

 

[gehtrew]

I d

Unfortunately the situation is quite different. You did not re-enter illegally after being deported and your wife is a Canadian citizen which is the key facto

Your only chance of entering Canada as a family is to apply to immigrate and be accepted as permanent residents. Given your husband's status in the US and immigration history - there's zero chance he's going to be approved for any temporary visa. So this means a work permit, visitor visa and student visa aren't options. You can certainly get a temporary job in Canada - he's not going to be allowed to accompany you and you'll be separated. You need to look into immigrating if you want to stay together.

I did not return to the U.S. after my voluntary departure

Your only chance of entering Canada as a family is to apply to immigrate and be accepted as permanent residents. Given your husband's status in the US and immigration history - there's zero chance he's going to be approved for any temporary visa. So this means a work permit, visitor visa and student visa aren't options. You can certainly get a temporary job in Canada - he's not going to be allowed to accompany you and you'll be separated. You need to look into immigrating if you want to stay together.

 

[scylla]

I d
I did not return to the U.S. after my voluntary departure

I was responding to the OP - not your situation. Your situation is completely different since you're applying for PR.

 

[gehtrew]

I did not return to the U.S. after my voluntary departure and yes my situation may be different in that my wife is Canadian but if you are attempting the family sponsor route,my best advice is to return to your home country,as Interpol,FBI, and other agencies will be sharing info and if you are found being illegal your chances are next to none.

 

[scylla]

I did not return to the U.S. after my voluntary departure and yes my situation may be different in that my wife is Canadian but if you are attempting the family sponsor route,my best advice is to return to your home country,as Interpol,FBI, and other agencies will be sharing info and if you are found being illegal your chances are next to none.

That's not quite accurate. We've seen a number of people on this forum successfully immigrate when they were out of status in the US. Provided CIC doesn't have concerns about the relationship being genuine, the overstay and illegal status is forgiven. That's why you won't have any issues. Even if you were still in the US illegally - it would be totally doable. We've seen plenty do it.

Completely different case for the OP who is hoping her husband can come to Canada based on some sort of temporary status (work permit, visitor visa). In that case the overstay is a big problem and isn't forgiven (since CIC wants to see the applicant has ties to his home country and isn't at risk of abusing Canadian visa privileges). Extremely low chances the visa will be approved.

 

[garcias]

We would want to stay in Canada until my husband became eligible to apply for legal entry into the U.S. or perhaps indefinitely if the U.S. permanently denies him. I mentioned my work opportunities just because I'm not sure if that makes a difference in Canada's willingness to accept foreigners living in their country (as opposed to "we just want to live there so we can go back to the U.S. in 10 years). I don't necessarily want to apply for a temporary work situation unless I have to because working in Canada for me will involve a considerable investment of time and money to get licensed to work in my profession. It sounds like the way to go would be to apply for permanent residency and hope that they don't use his current status in the U.S. when considering approval for entry...

 

[scylla]

We would want to stay in Canada until my husband became eligible to apply for legal entry into the U.S. or perhaps indefinitely if the U.S. permanently denies him. I mentioned my work opportunities just because I'm not sure if that makes a difference in Canada's willingness to accept foreigners living in their country (as opposed to "we just want to live there so we can go back to the U.S. in 10 years). I don't necessarily want to apply for a temporary work situation unless I have to because working in Canada for me will involve a considerable investment of time and money to get licensed to work in my profession. It sounds like the way to go would be to apply for permanent residency and hope that they don't use his current status in the U.S. when considering approval for entry...

His current status in the US won't be held against him when you apply for PR provided he is 100% honest about his immigration history in the application. The trick with applying for PR is meeting the program requirements and having sufficient points to be selected. Whichever one of you is going to be the primary applicant should look into having their education officially assessed and also take the English language test as a first step.

Again, any sort of temporary status in Canada is out of the question and there's no point even trying the work permit route (or a tourist visa). Refusal is guaranteed. It doesn't matter what the situation is or what his motives are for coming to Canada. CIC will look at his immigration history which unfortunately demonstrates an extremely strong disregard for immigration rules.

 

[garcias]

Thank you so very much for your reply, it is greatly appreciated. The comments posted in this thread prompted me to make an appointment for consultation with an immigration attorney in my area who specializes in both U.S. and Canadian immigration law. However, if you have a recommendation for an attorney, I'd be more than eager to contact them if you're willing to pass along their contact information. Again, thank you so so very much for your comments.

 

[canuck_in_uk]

Thank you so very much for your reply, it is greatly appreciated. The comments posted in this thread prompted me to make an appointment for consultation with an immigration attorney in my area who specializes in both U.S. and Canadian immigration law. However, if you have a recommendation for an attorney, I'd be more than eager to contact them if you're willing to pass along their contact information. Again, thank you so so very much for your comments.

There is no need to use an attorney. Either you qualify for Canadian immigration or you don't. As scylla said, your next step should be getting the Primary Applicant's education assessed and language test done.

 

[Vinodmax]

Hello,
I have a friend he got canada visa then came to USA (6 years till now) illegal and was picked up by immigration he is attending all hearing he got work authorization he don't have any tickets or crime. Now he is trying to move Canada on student visa are there any possibility to get Canadian visa.

Can he apply for visa from usa if he take voluntary return request to his country