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Expected application to be sent to home country and it was not? Help

LeoNYC

Star Member
Jan 2, 2009
84
0
Funny thing. I am out of status in the US and I sent my application to Sydney, NS and on the application I put down "out of status". I was expecting that they would send my application to my home country and they did not. They sent it to Buffalo, NY. Big surprise because I entered in the US with a 6-month tourist visa and I overstayed becoming "out of status" consequently. Then, at some point I became legal with a work authorization for 2 years and now I am out of status for more that 5 years. Why would they send my application to be processed in Buffalo, NY if I put down "out of status" in the application? Will I have a chance of being approved in Buffalo,NY since my occupation is in the "38 occupation? Is that a good sign?

Thanks.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

LeoNYC said:
Funny thing. I am out of status in the US and I sent my application to Sydney, NS and on the application I put down "out of status". I was expecting that they would send my application to my home country and they did not. They sent it to Buffalo, NY. Big surprise because I entered in the US with a 6-month tourist visa and I overstayed becoming "out of status" consequently. Then, at some point I became legal with a work authorization for 2 years and now I am out of status for more that 5 years. Why would they send my application to be processed in Buffalo, NY if I put down "out of status" in the application? Will I have a chance of being approved in Buffalo,NY since my occupation is in the "38 occupation? Is that a good sign?

Thanks.
All Sydney decides is whether it appears that you meet the qualifications for the "list" It is Buffalo who will decide if you are eligible to have your application processed there.

PMM
 

canadastan

Star Member
Dec 17, 2008
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LeoNYC said:
Funny thing. I am out of status in the US and I sent my application to Sydney, NS and on the application I put down "out of status". I was expecting that they would send my application to my home country and they did not. They sent it to Buffalo, NY. Big surprise because I entered in the US with a 6-month tourist visa and I overstayed becoming "out of status" consequently. Then, at some point I became legal with a work authorization for 2 years and now I am out of status for more that 5 years. Why would they send my application to be processed in Buffalo, NY if I put down "out of status" in the application? Will I have a chance of being approved in Buffalo,NY since my occupation is in the "38 occupation? Is that a good sign?

Thanks.
Can you provide the requirement of:
if you are applying from a country other than your home country provide a copy of the page with a valis residential permit/visa for that country?

This is very bad from their part, they should look before they cash a check.
try to transfer the file to the visa office of your home country.

best wishes

Canadastan
 

LeoNYC

Star Member
Jan 2, 2009
84
0
My attorney told me that to leave it like that because I might be lucky because I even though I do not carry a legal status on the country, I still have proof of legal status at some point in the past. He told me that the worst that can happen is for them to send my application to my home country and delayed my process by one to two months. What do u guys think?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

canadastan said:
LeoNYC said:
Funny thing. I am out of status in the US and I sent my application to Sydney, NS and on the application I put down "out of status". I was expecting that they would send my application to my home country and they did not. They sent it to Buffalo, NY. Big surprise because I entered in the US with a 6-month tourist visa and I overstayed becoming "out of status" consequently. Then, at some point I became legal with a work authorization for 2 years and now I am out of status for more that 5 years. Why would they send my application to be processed in Buffalo, NY if I put down "out of status" in the application? Will I have a chance of being approved in Buffalo,NY since my occupation is in the "38 occupation? Is that a good sign?

Thanks.
Can you provide the requirement of:
if you are applying from a country other than your home country provide a copy of the page with a valis residential permit/visa for that country?

This is very bad from their part, they should look before they cash a check.
try to transfer the file to the visa office of your home country.

best wishes

Canadastan
Read the Immigration Regulations

11. (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves

(a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or

(b) the applicant's country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

PMM