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I was out of status in usa for 2 months..can that cause pr refusal?

Ordinary

Hero Member
Feb 18, 2015
336
5
I was out of status in usa for 2 months..can that cause pr refusal? I am currently not in USA
I have clear USA FBI PCC.
 

scylla

VIP Member
Jun 8, 2010
97,676
23,387
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
This won't be a reason for refusal as long as you were honest about this in your immigration application.
 

MooseNBooze

Hero Member
Nov 6, 2015
403
63
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
19-01-2016
Doc's Request.
22-01-2016
AOR Received.
20-01-2016
Med's Done....
22-01-2016
Passport Req..
22-04-2016
VISA ISSUED...
03-05-2016
LANDED..........
25-12-2016
Ordinary said:
I was out of status in usa for 2 months..can that cause pr refusal? I am currently not in USA
I have clear USA FBI PCC.
Nope. Being "out of status" is a highly technical thing (in many circumstances) and 2 months overstay/out of status does not even meaningfully affect U.S. visa programs, let alone be of concern to Canada. You should be fine. Best wishes to you.
 

scylla

VIP Member
Jun 8, 2010
97,676
23,387
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
MooseNBooze said:
Nope. Being "out of status" is a highly technical thing (in many circumstances) and 2 months overstay/out of status does not even meaningfully affect U.S. visa programs, let alone be of concern to Canada. You should be fine. Best wishes to you.
Technically it can meaningfully affect US visa program. If you benefit from the visa waiver program, visit the US and then overstay - you can no longer benefit from the visa waiver program going forward.
 

ag2015usa

Star Member
Oct 22, 2015
52
4
FTR, "overstay" and "out of status" are completely different terms. "Out of status" is when you have a valid visa but you're no longer complying with the terms of the visa (on a work visa, but laid off; on a student visa but not longer attending classes). "Overstay" means when you exceed the date up to which you were allowed to be in the country (the date in your passport stamp).
 

MooseNBooze

Hero Member
Nov 6, 2015
403
63
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
19-01-2016
Doc's Request.
22-01-2016
AOR Received.
20-01-2016
Med's Done....
22-01-2016
Passport Req..
22-04-2016
VISA ISSUED...
03-05-2016
LANDED..........
25-12-2016
scylla said:
Technically it can meaningfully affect US visa program. If you benefit from the visa waiver program, visit the US and then overstay - you can no longer benefit from the visa waiver program going forward.
Yes, this is a bit more accurate than what I said (which I admit was kinda cursory and generic). From what I gather, scylla is talking about a specific subset of the US immigration system (i.e., relating to those who enjoy visa waiver treaties/programs). But this thread is about how all that affects Canada's PR application, not about future visits to the U.S. What scylla says is applicable to future visits to the U.S. (in general terms, and there may be ways to waive statutory restrictions, if any, even in such cases too).

ag2015usa said:
FTR, "overstay" and "out of status" are completely different terms. "Out of status" is when you have a valid visa but you're no longer complying with the terms of the visa (on a work visa, but laid off; on a student visa but not longer attending classes). "Overstay" means when you exceed the date up to which you were allowed to be in the country (the date in your passport stamp).
Yes, this is an important distinction and ag2015usa almost gets the distinction, with just one caveat (and just to make sure the details are clear). The overstay does not depend on the visa dates. Instead, it refers to the date as issued during port of entry (D/S stamp) OR the date which USCIS (upon further applications/petitions post-POE) deems to be the date until when one is legally allowed to stay in the U.S. I won't get to how "out of status" and "overstay" are related in this thread since that would be going off the rails (suffice it to say it's not entirely accurate to say "they're completely different terms", as ag2015usa claims).

Best wishes to all.