Oh, I see. You are right, Ariell, as my experience at the consulate general demonstrates. If you go out of status you can no longer be processed at the visa office in that country.
Friend getting married to canadian but out of status in the US
- Thread starter ssanndy
- Start date
He stated that if you were originally admitted for a year or more, you can be processed in the country even after going out of status. I don't believe this is true. I also believe everyone can make mistakes.
That being said, PMM is usually good to find sources to cite to prove his point, so perhaps he can do that here as well.
That being said, PMM is usually good to find sources to cite to prove his point, so perhaps he can do that here as well.
maua posted the link from a Canadian Immigration Lawyers' site:ariell said:
akcanada.com/us_Illegal.cfm
Insofar as eligibility is concerned, illegal status in a third country will not render an individual ineligible to immigrate to Canada unless issues of criminality are involved. ....
Insofar as the Canadian visa office through which an individual's paperwork can be filed, the general rule is this: Abrams & Krochak can file the paperwork with the Canadian visa office in the country in which the applicant is currently residing if (i) the applicant has at any point in the past lawfully resided in that country for a period of one (1) year or more OR (ii) the applicant is in possession of a valid visa, authorizing him/her to remain in that country for a period of at least one (1) year (such as H1-B, J-1 or F-1 in the United States). Otherwise, the documentation must be filed with the Canadian visa office which normally serves the applicant's home country/country of habitual residence/country of citizenship.
Hi
Place of application for permanent resident visa
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
A&K's information is not quite right. From the Immigration Act.job_seeker said:
Place of application for permanent resident visa
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
It is on a form for sponsorship at http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf
6. a) asks about the address where the sponsored person lives and in 6. b) you have this:
6. a) asks about the address where the sponsored person lives and in 6. b) you have this:
It doesn't say that they still have to be legal, just that they have been lawfully admitted (at some point) so if the answer to this question is yes, then you have the option of asking for the application to be processed in that country.
Uhm, isn't it against international law to provide such services to someone who is unlawfully present in the country of the diplomatic post? I'm not 100% sure but I'm pretty convinced that that is the case... Hence the experience of the man in the consulate general when I was there, who was about to be turned away because his original status had expired (though he was allowed to be served after he showed a receipt proving he had applied for an extension).
I am not aware of any international law it would be against.
In any case, why would the US not want Canada to take illegals off their hands?
The status when applying for a temporary permit has to be ok though. Canada does not want to invite illegals from other countries so they can overstay and become illegals in Canada. For PR, it doesn't matter because if you can't overstay a PR.
In any case, why would the US not want Canada to take illegals off their hands?
The status when applying for a temporary permit has to be ok though. Canada does not want to invite illegals from other countries so they can overstay and become illegals in Canada. For PR, it doesn't matter because if you can't overstay a PR.
My 2 cent:Karlshammar said:
PMM is correct, ....PMM knows his staff very well. Canada is NOT the police man of the world. Canada is not investigating why people stay illegally in neighbouring countries because this is their problem there. What PPM mentioned is there in the Immigration manual. If the relationship is genuine then Canada is not against the re-union of a family oe even in case of skilled workers. Remember that every person (every applicant) has obligation to provide medical, security and police clearance (triad of requirement) and for the exact period of staying there. So, if a person could get those 3, from where S-He is then Canada is fine with that.
Only if the marriage is for convenience, for example, this over-staying can add to the burden. So, in conclusion, if the person can prove S-he was admitted lawfully for at least one year and can fulfill the triad requierment, and also avoid the suspicion of immigration for convenience, then S-he can be fine
I get where you're coming from Karlshammer as it does seem to be a bit of an oxymoron. But PMM is correct as it is written in the IRPA for PR applications. On the other side of the coin, if US immigration finds out that the person is out of status, their application for PR to Canada has no bearing on the US decision of what to do with the person. And the applicant would then have to apply to have their application transferred to another visa post which CAN be refused. Then if the person is called for an interview and unable to attend, the application will be refused completely.
Think about it from this perspective. An inland application for spousal sponsorship where the applicant is out of status in Canada is NOT a reason for refusal of the application. Why not outland too? However, for outland they have to have been legally admitted to that country for at least a year. We don't even have that for inland applications.
Now, if the applicant who is out of status was only originally admitted to the US for less than one year, they cannot apply through the visa post in the US, overstay or not.
Ariell, here is the link to the Act. Scroll down to number 11 - Place of Application for Permanent Resident Visa
http://laws.justice.gc.ca/eng/SOR-2002-227/page-1.html#anchorbo-ga:l_2-gb:l_2
Think about it from this perspective. An inland application for spousal sponsorship where the applicant is out of status in Canada is NOT a reason for refusal of the application. Why not outland too? However, for outland they have to have been legally admitted to that country for at least a year. We don't even have that for inland applications.
Now, if the applicant who is out of status was only originally admitted to the US for less than one year, they cannot apply through the visa post in the US, overstay or not.
Ariell, here is the link to the Act. Scroll down to number 11 - Place of Application for Permanent Resident Visa
http://laws.justice.gc.ca/eng/SOR-2002-227/page-1.html#anchorbo-ga:l_2-gb:l_2
True story: A family friend of mine came to the States in the late 80s as an F1 student. Obtained his degree and even obtained his masters degree but was unable to find a company that was willing to file an H1 for him. He got married to someone from his country and they had two kids. Then sadly, he lost his father but was unable to go home to bury his father because he was no longer lawfully in the States. He is the only son and was not able to go home to comfort his grieving mother and his siblings because he now had the responsibility of being a husband and a father.
This was the straw that broke the camel's back. No one should live like this. No one should have to constantly look over their shoulder and no one should have to choose between burying their parents and providing for their children.He decided to move his family to Canada so that he could be lawful in a good country. About a year later he moved to Canada. (Did not need to go back home) He eventually obtained citizenship and was back in the States over the summer for a friends wedding. After not being able to move about the world freely for 17 yrs, he now breaths freely.
So, for all the naysayers, he did this all from the States and he was waaaay past being legally in the country.
And that is only one example. I know of other people who were in the exact same situation that now reside in Canada. My advise though would be to obtain a lawyer if your case is this complicated.
This was the straw that broke the camel's back. No one should live like this. No one should have to constantly look over their shoulder and no one should have to choose between burying their parents and providing for their children.He decided to move his family to Canada so that he could be lawful in a good country. About a year later he moved to Canada. (Did not need to go back home) He eventually obtained citizenship and was back in the States over the summer for a friends wedding. After not being able to move about the world freely for 17 yrs, he now breaths freely.
So, for all the naysayers, he did this all from the States and he was waaaay past being legally in the country.
And that is only one example. I know of other people who were in the exact same situation that now reside in Canada. My advise though would be to obtain a lawyer if your case is this complicated.
True story (totally opposite to the above):
a gentleman was legal in USA (as full 4 y student). Due to the political circumstances there, the situation became untenable for the gentleman and his culture in USA. he decided to come to Canada as a refugee and he did. He left his family (who have been refugess themselves in their area), when he was only 18 y old. In Canada, he got married to a Canadian citizen (born Canadian). He got two beautiful kids (canadian kids. He has been supporting himself and has established a life here. He has never had a criminal record. For political reason (I guess) he was issued a deportation order..but to "no where" as he has no safe place to go to. It created a political tension in his province. After 8 years he was only offered a work permit. He is now 33 y. For 15 y he has not been able to see his parents and siblings. This is because he is not allowed to renew his travel documents from his torturing country of birth, and he has no status in Canada. This is the human rights of Canada which is outrageous.
a gentleman was legal in USA (as full 4 y student). Due to the political circumstances there, the situation became untenable for the gentleman and his culture in USA. he decided to come to Canada as a refugee and he did. He left his family (who have been refugess themselves in their area), when he was only 18 y old. In Canada, he got married to a Canadian citizen (born Canadian). He got two beautiful kids (canadian kids. He has been supporting himself and has established a life here. He has never had a criminal record. For political reason (I guess) he was issued a deportation order..but to "no where" as he has no safe place to go to. It created a political tension in his province. After 8 years he was only offered a work permit. He is now 33 y. For 15 y he has not been able to see his parents and siblings. This is because he is not allowed to renew his travel documents from his torturing country of birth, and he has no status in Canada. This is the human rights of Canada which is outrageous.
Not sure of his particular circumstances, but Canada will not accept a person as a refugee if they come from the USA. As they came by the USA they should have applied for refugee/asylee status there.
He arrived in Canada long ago,... ( more than 8 years ago). So he arrived before the third safe country treaty came into effect....(between Canada and USA). I think that is what you are referring to.Karlshammar said: