Expired H1B is okay to apply for FSW?

[uslait]

I need some input, advice or similar scenarios with my case. I am here in the US for about 10 years and the first six years of it I had H1b Status. I want to know if I am inadmissible for FSW or any other options moving to Canada.I satisfy the requirements for FSW. I do not have any criminal history. I am married and have a (American citizen) son and a step-daughter back in my home country (both minor). My wife is here with me in US and have no currents status as well. We both came legally but overstayed.
Questions:

1) Am I going to be denied because of having no status in US?
2) Is there anyone here who have the same case? (tips please).
3) Should I even bother to dive in EOI if no one has ever have the same as my scenario.

I really appreciate for any help.

 

[jairichi]

I need some input, advice or similar scenarios with my case. I am here in the US for about 10 years and the first six years of it I had H1b Status. I want to know if I am inadmissible for FSW or any other options moving to Canada.I satisfy the requirements for FSW. I do not have any criminal history. I am married and have a (American citizen) son and a step-daughter back in my home country (both minor). My wife is here with me in US and have no currents status as well. We both came legally but overstayed.
Questions:

1) Am I going to be denied because of having no status in US?
2) Is there anyone here who have the same case? (tips please).
3) Should I even bother to dive in EOI if no one has ever have the same as my scenario.

I really appreciate for any help.

In EE there is a question, "your country of current residence?" and it denotes the country where you are allowed to stay legally. What would be your answer? If you answer US then it is misrepresentation and if you mention home country then again misrepresentation as you are not currently staying in US. You can take the FSW route but even if you get an invitation to apply you might get denial at the final step due to your violation of immigration laws in US. This is my opinion. Wait for seniors response.

 

[pfse]

I need some input, advice or similar scenarios with my case. I am here in the US for about 10 years and the first six years of it I had H1b Status. I want to know if I am inadmissible for FSW or any other options moving to Canada.I satisfy the requirements for FSW. I do not have any criminal history. I am married and have a (American citizen) son and a step-daughter back in my home country (both minor). My wife is here with me in US and have no currents status as well. We both came legally but overstayed.
Questions:

1) Am I going to be denied because of having no status in US?
2) Is there anyone here who have the same case? (tips please).
3) Should I even bother to dive in EOI if no one has ever have the same as my scenario.

I really appreciate for any help.

You will need to return to the country of origin first and apply from there. You will need to disclose your overstay but if your FBI report is clean you should be fine. You would not be able to apply from USA.

 

[scylla]

Being illegal in the US doesn't prevent you from applying provided you still hold a valid passport.

You will need to ensure you are 100% honest about your immigration history in your application - including the overstay. I also don't believe you will be able to count any of the work experience you gained in the US while illegally towards your FSW application - this may have a significant impact on your overall points.

It's quite possible CIC will decide to process your application through the visa office responsible for your home country rather than through the US.

Note that once you physically leave the US, you and your wife will be automatically banned from re-entering for 10 years.

 

[MooseNBooze]

Being illegal in the US doesn't prevent you from applying provided you still hold a valid passport.

You will need to ensure you are 100% honest about your immigration history in your application - including the overstay. I also don't believe you will be able to count any of the work experience you gained in the US while illegally towards your FSW application - this may have a significant impact on your overall points.

It's quite possible CIC will decide to process your application through the visa office responsible for your home country rather than through the US.

Note that once you physically leave the US, you and your wife will be automatically banned from re-entering for 10 years.

This. Best wishes, OP. No harm in giving EE a shot.

 

[uslait]

Thank for very insightful responses. I saw in some forums about having atleast one year valid status in US would suffice the eligibility requirement. But, those were from 2010 and 2011 forums and it was not clearly shown if there is actual success in this scenario. I am willing to go back to my home country anytime, I was just checking all my options before I do and if it will somehow be the better choice. any more inputs are greatly appreciated.