Express pool entry for a DACA recipient

[upupandaway]

Hi everyone,

My wife is a DACA recipient and has been in the US for more than 20 years. She graduated last spring and has associates in nursing and an RN license. She works at a nursing home and is currently in an online program to update her degree to the Bachelors (1 year left). I overstayed my visa and been in the us for 5 years and last week got into removal proceedings because of that. We had dated each other for more than 4 years and three months ago got married . No criminal records neither on her nor my side, both in the mid-twenties. The question is: if she submits an application for the express entry pool and gets granted, will I be eligible to obtain a PR with her taking into account my situation ? I read on this forum about a guy who had similar removal process however he was applying as a skilled worker himself and got approved, I wonder if I can get approved as a spouse of a skilled worker.

Thanks in advance, any advice will be very appreciated

 

[legalfalcon]

Hi everyone,

My wife is a DACA recipient and has been in the US for more than 20 years. She graduated last spring and has associates in nursing and an RN license. She works at a nursing home and is currently in an online program to update her degree to the Bachelors (1 year left). I overstayed my visa and been in the us for 5 years and last week got into removal proceedings because of that. We had dated each other for more than 4 years and three months ago got married . No criminal records neither on her nor my side, both in the mid-twenties. The question is: if she submits an application for the express entry pool and gets granted, will I be eligible to obtain a PR with her taking into account my situation ? I read on this forum about a guy who had similar removal process however he was applying as a skilled worker himself and got approved, I wonder if I can get approved as a spouse of a skilled worker.

Thanks in advance, any advice will be very appreciated

The immigration proceedings in a foreign country have no bearing on your PR processing in Canada as long as you are criminally and medically admissible, and meet the program requirements.

However, you will need to write a strong well-crafted LoE, and also submit all your immigration documentation to IRCC.

 

[upupandaway]

The immigration proceedings in a foreign country have no bearing on your PR processing in Canada as long as you are criminally and medically admissible, and meet the program requirements.

However, you will need to write a strong well-crafted LoE, and also submit all your immigration documentation to IRCC.

Thank you for your reply. Can you elaborate on what a “strong and well crafted letter” would be in my situation? What points I should highlight in there? Explaining the situation with overstaying?

 

[Raz0r]

Thank you for your reply. Can you elaborate on what a “strong and well crafted letter” would be in my situation? What points I should highlight in there? Explaining the situation with overstaying?

Highlight in all honesty what has happened. If you lie or engage in any sort of malpractice then your application will be in jeopardy. Be truthful and concise, that should suffice.

 

[upupandaway]

Highlight in all honesty what has happened. If you lie or engage in any sort of malpractice then your application will be in jeopardy. Be truthful and concise, that should suffice.

Thanks. I haven’t had an intention to lie, hide anything nor I have anything to hide since I didn’t do anything criminal. Is there a guideline on how to write the LoE or how long should it be? Also, have anyone had similar situation or know someone who did? It would be interesting to hear

 

[legalfalcon]

Thank you for your reply. Can you elaborate on what a “strong and well crafted letter” would be in my situation? What points I should highlight in there? Explaining the situation with overstaying?

What IRCC is looking for is all the facts and why you are put in removal proceedings, was it due to criminal activity, or something else. So if you can provide all facts, along with the relevant court documents and pretty much your entire immigration file, that is what is required.

The US PCC is issued by FBI and does not cover state criminal search. Irrespective of your LoE and documents, expect a long processing time, as IRCC will do a lot of info sharing with US and enhanced security screening is also possible.

I am not trying to scare you, just giving you practical reality so that you don't have your hopes too high on early processing.

 

[upupandaway]

What IRCC is looking for is all the facts and why you are put in removal proceedings, was it due to criminal activity, or something else. So if you can provide all facts, along with the relevant court documents and pretty much your entire immigration file, that is what is required.

The US PCC is issued by FBI and does not cover state criminal search. Irrespective of your LoE and documents, expect a long processing time, as IRCC will do a lot of info sharing with US and enhanced security screening is also possible.

I am not trying to scare you, just giving you practical reality so that you don't have your hopes too high on early processing.

Ok, that makes sense. Now, I qualify for a Victim of crime visa here in the US. So that will be my way to deal with the removal proceedings. After submission of the application it will take 8-10 years until I get the visa. When you said “long processing time” how approximately long it may be?

 

[legalfalcon]

Ok, that makes sense. Now, I qualify for a Victim of crime visa here in the US. So that will be my way to deal with the removal proceedings. After submission of the application it will take 8-10 years until I get the visa. When you said “long processing time” how approximately long it may be?

If you are a victim of crime, you may be eligible for a U visa, given that the law enforcement can endorse it for you, which is very tricky. Having said that, you can surely explain this and it will surely help. Be advised that if you leave US, you will also abandon your claim for U visa.

As regards the time, I don't speculate, but it looks like it may take definitely over 6 months. In some cases where applicants get stuck in security screening, it can even take over a year. But this does not mean that your application will also take this long.

 

[upupandaway]

If you are a victim of crime, you may be eligible for a U visa, given that the law enforcement can endorse it for you, which is very tricky. Having said that, you can surely explain this and it will surely help. Be advised that if you leave US, you will also abandon your claim for U visa.

As regards the time, I don't speculate, but it looks like it may take definitely over 6 months. In some cases where applicants get stuck in security screening, it can even take over a year. But this does not mean that your application will also take this long.

Correct. I do qualify and have the law enforcement agency that is willing to certify the application. Also there has been an injury, that lead to a surgery and I had helped the investigators with a video that lead to solving the crime.

See, the waiting time with the U visa is what concerning me. After submitting the application there will be 2-4 years (as of now, this may increase) until I will be able to get a work permit. It feels like a complete lock up here if there’s no opportunity to work. How am I going to survive these years and what am I supposed to do to pay bills and feed the family? That’s why I have thought of moving to Canada, just because of that one problem that the process of getting the u visa here is a complete joke.

 

[upupandaway]

How were they able to place you in removal proceedings? Were you picked up by ICE? Or were you arrested for a crime?

I was picked up by ICE at my house. I never committed a crime. They didn’t even arrest me, physically, they told me to come to their location on my own, took my passport and left. When I came, they asked questions, filled up the paper work and released without bond. It was all because I overstayed my f1 and didn’t go to classes, that is what is stated in the papers they gave me

 

[ClarkeS]

@legalfalcon I had a question about DACA status and applying for Express Entry. I saw you answered this question so hopefully you or someone else can chime in. I'm a DACA recipient since Nov 2012 (renewed successfully every two years). I've never been in removal proceedings. Besides overstaying my visitor visa at a young age, I've had no interaction with immigration.

I received an ITA, and I've been filling out the application. The only question that asked about my status in the United States was if I had a green card. The answer was no obviously. So I obtained all my work experience that I'm claiming points for using the work permit I received from DACA. Would you recommend I upload in the additional documents section copies of all my work permits? I also have the approved I-821D documents (DACA approval notices). Do I need to upload those as well? And should I attached a letter of explanation with it all or do the documents speak for themselves?

 

[legalfalcon]

@legalfalcon I had a question about DACA status and applying for Express Entry. I saw you answered this question so hopefully you or someone else can chime in. I'm a DACA recipient since Nov 2012 (renewed successfully every two years). I've never been in removal proceedings. Besides overstaying my visitor visa at a young age, I've had no interaction with immigration.

I received an ITA, and I've been filling out the application. The only question that asked about my status in the United States was if I had a green card. The answer was no obviously. So I obtained all my work experience that I'm claiming points for using the work permit I received from DACA. Would you recommend I upload in the additional documents section copies of all my work permits? I also have the approved I-821D documents (DACA approval notices). Do I need to upload those as well? And should I attached a letter of explanation with it all or do the documents speak for themselves?

You are in a very tricky situation. I don't want to scare you, but you have to make sure that your documentation is complete, well explained and filed with IRCC so that your application is processed smoothly.

To file your application, you will need a passport, do you have one?

Also, please be advised that once you leave the US, post the approval of your application, you may not be allowed to re-enter.

As a DACA recipient, your status is immediately revoked as soon as you exit the US.

Also, you will have to explain your DACA status, and provide all documentation to IRCC, including all notices you may have received from USCIS, or CBP. In the statutory questions, you will also have to answer,

Has [name of applicant] ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?

Before you applied for DACA, if you were issued any notices from the immigration court, or put in removal proceedings, you will have to answer this questions in affirmative and provide an explanation for the same. You should definitely provide a detailed letter of explanation about your status under DACA, with a brief overview of the DACA, when you became eligible, when you applied and run through the entire chronology of events while providing the documentation for the same.

Be advised that IRCC has not framed any policy on DADA recipients and they are dealt in a case by case basis.

 

[ClarkeS]

You are in a very tricky situation. I don't want to scare you, but you have to make sure that your documentation is complete, well explained and filed with IRCC so that your application is processed smoothly.

To file your application, you will need a passport, do you have one?

Also, please be advised that once you leave the US, post the approval of your application, you may not be allowed to re-enter.

As a DACA recipient, your status is immediately revoked as soon as you exit the US.

Also, you will have to explain your DACA status, and provide all documentation to IRCC, including all notices you may have received from USCIS, or CBP. In the statutory questions, you will also have to answer,

Has [name of applicant] ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?

Before you applied for DACA, if you were issued any notices from the immigration court, or put in removal proceedings, you will have to answer this questions in affirmative and provide an explanation for the same. You should definitely provide a detailed letter of explanation about your status under DACA, with a brief overview of the DACA, when you became eligible, when you applied and run through the entire chronology of events while providing the documentation for the same.

Be advised that IRCC has not framed any policy on DADA recipients and they are dealt in a case by case basis.

Thanks for the reply. I know that if I leave the US there may be a ten year ban. It's why I've been putting off applying for as long as possible. Yes, I have a valid passport.

Luckily I can answer the question of 'being refused a visa or permit, denied entry or ordered to leave Canada or any other country?' with a 'no'. So that makes things easier.

 

[ClarkeS]

No need to upload past work permits. Just upload the document that proves your status currently. Maker sure to get proper employment reference letters. The CIC officials are versed on US immigration law so need for LOEs in that regard. Your personal history will in a snapshot explain your immigration history also. The only thing you need an LOE for is to explain things that will not be clear to the officer. Your circumstance isn't as complicated/complexed as you might think. You are not the first DACA recipient to receive an ITA and subsequently apply for Canadian PR. Others before you had no issues in getting approved so I am sure you won't.

Well technically the work permit does prove my status...but so does approved DACA notice. So I suppose either would work. There's no where in my personal history that shows my immigration history, since I only have to go back 10 years. I already have my employer letter in the exact format needed. HR was surprisingly helpful.

 

[scylla]

Luckily I can answer the question of 'being refused a visa or permit, denied entry or ordered to leave Canada or any other country?' with a 'no'. So that makes things easier.

FYI - even if the answer was yes, this has absolutely no impact on an immigration application. As long as an applicant is 100% honest, prior refusals / deportations / etc. aren't an issue and don't slow down processing. It's only an issue if you fail to mention something.