Illegal and FBI report

[Laila H]

Hi
My bf is in US ILLEGAL almost 10 years. It could be problem for him If he will go to get his FBI report?
Since , report will show he has been in US almost 10 years with out status .

Laila

 

[RajaJi]

Hi
My bf is in US ILLEGAL almost 10 years. It could be problem for him If he will go to get his FBI report?
Since , report will show he has been in US almost 10 years with out status .

Laila

FBI report does not mention status in the country. It checks for criminal record. If he does not have any arrests or a criminal background then do not worry.

Your BF must have come to USA Legally and lived there for a minimum of one year for the application to be processed by a Canadian Consulate in USA otherwise it willl be processed in his Country of his Citizenship.

 

[Laila H]

Hi , thanks for reply. Do you mean the time when he apply he has to be legal in US? We want they process his application on US

 

[RajaJi]

Hi , thanks for reply. Do you mean the time when he apply he has to be legal in US? We want they process his application on US

No. He must have come to USA legally and maintained the Legal Status for a minimum of One Year.

 

[chakrab]

did he get a deportation order from US? also does he hold a valid passport currently? that could be an issue.

 

[rhcohen2014]

your husband can't be processed as a US citizen/resident because
a) he is ILLEGAL in the US, therefore can't claim he has current, LEGAL residence there for 1+ years
b) he does not hold a US passport.

as many members have told you multiple times, CIC will CHOOSE where the application is processed, and it will most likely be his home country. You have absolutely NO say in the matter, so there's no point in keep asking the same question expecting a diffferent answer. it will be the same everytime... YOU do not have a say as to where the application processes. That choice is for CIC to decide. just fill out the application, submit it and deal with where cic decides to process the application. there's nothing else you can do!

 

[RajaJi]

your husband can't be processed as a US citizen/resident because
a) he is ILLEGAL in the US, therefore can't claim he has current, LEGAL residence there for 1+ years

b) he does not hold a US passport.

as many members have told you multiple times, CIC will CHOOSE where the application is processed, and it will most likely be his home country. You have absolutely NO say in the matter, so there's no point in keep asking the same question expecting a diffferent answer. it will be the same everytime... YOU do not have a say as to where the application processes. That choice is for CIC to decide. just fill out the application, submit it and deal with where cic decides to process the application. there's nothing else you can do!

I disagree. CIC does not require that an applicant should have Legal Status at the time of application or during the processing of application. It is rather that applicant must have had a legal stay of at least one year in USA for an application to be considered for processing in USA. It is not required that applicant must have a US Passport for application to be processed in USA.

I agree with you, though, that it will be decided by CIC as regards to which office will process the application.

 

[rhcohen2014]

I disagree. CIC does not require that an applicant should have Legal Status at the time of application or during the processing of application. It is rather that applicant must have had a legal stay of at least one year in USA for an application to be considered for processing in USA. It is not required that applicant must have a US Passport for application to be processed in USA.

I agree with you, though, that it will be decided by CIC as regards to which office will process the application.

as stated above, the OPs husband does not have CURRENT, LEGAL status. I never said only people with US passports can only apply as a US applicant. a and b are EITHER/OR situations, not AND. EITHER the person needs to have LEGAL status for 1+ years in a country that is not their home country to be processed as a resident of that country OR they need to have a valid passport for the country they wish to be processed through.

in this particular case, he has been ILLEGAL for YEARS! I don't believe an applicant can say, "hey I had legal status in the US in 2008, and i've been living there illegally since, so I would like to be processed as if I have current, legal status in the US." if that is what you are saying, that is ridiculous. He does NOT have LEGAL status in the US, nor does he have a US passport. IF you are saying that CIC will choose to process him as a US resident because he once entered legally, yet has fallen out of status YEARS ago, then either you are very misinformed or there is something seriously wrong with the system. I have never heard of such of thing, nor have I heard of situations of when a person is out of status in a country they will be processed as if they old currently, legal status in that country. To me, that is canada simply slapping the face of any country that a person is living illegally in, as if they don't respect the rules of that country. I don't think CIC or canada would risk their relationships with other countries by processing the application as if that person has the right to be processed from that country. while CIC may not care about the illegal status, it is hardly believed they will go along with it and let that person enjoy the benefits of having legal residence when they DO NOT!

the bottom line remains the same. the op has NO choice as to where the application will process, ONLY CIC has that choice!

 

[RajaJi]

as stated above, the OPs husband does not have CURRENT, LEGAL status. I never said only people with US passports can only apply as a US applicant. a and b are EITHER/OR situations, not AND. EITHER the person needs to have CURRENT, LEGAL status for 1+ years in a country that is not their home country to be processed as a resident of that country OR they need to have a valid passport for the country they wish to be processed through.

in this particular case, he has been ILLEGAL for YEARS! CIC Will not take into consideration a past legal status in another country. an applicant can't say, "hey I had legal status in the US in 2008, and i've been living there illegally since, so I would like to be processed as if I have current, legal status in the US." the status must be CURRENT! HE can't be processed as a us resident just because he had 1 year of legal status 7 years ago. that is ridiculous. He does NOT have CURRENT, LEGAL status in the US, nor does he have a US passport... there fore he CURRENTLY can not be processed as a US resident.

Please show EXACTLY where it says that a person can be processed in a country where they hold illegal status, even though they once upon a time had legal status in that country.

this poster has asked this question multiple times already and has already been given the correct answer. please do not confuse the situation. the bottom line is for THIS particular applicant, they CAN NOT AND WILL NOT BE PROCESSED AS A US APPLICANT!

I disagree again. This is the language from CIC website:

"...you must select the visa office that serves your country of nationality or the country where you have been legally admitted for at least one year."

One of the Link where this information is posted is noted below:

http://www.cic.gc.ca/english/information/offices/apply-where.asp

I have no confusion. It seems this information has skipped your attention.

 

[rhcohen2014]

I disagree again. This is the language from CIC website:

"...you must select the visa office that serves your country of nationality or the country where you have been legally admitted for at least one year."

One of the Link where this information is posted is noted below:

http://www.cic.gc.ca/english/information/offices/apply-where.asp

I have no confusion. It seems this information has skipped your attention.

no it didn't. i guess we will wait and see what happens with this particular case. how do you know for a FACT what will happen with this application? you don't, i don't. i just know what's been reported, and i have yet to see a case reported on here where an applicant is processed in a country they have illegal status in. perhaps you are the expert because you have the same situation?

to reward people for not following the rules that everyone else has to follow would be ridiculous and a HUGE public relations nightmare for canada. but since YOU say it's possible, then i guess this poster will just assume it is. i can't see that going well at all.

 

[RajaJi]

as stated above, the OPs husband does not have CURRENT, LEGAL status. I never said only people with US passports can only apply as a US applicant. a and b are EITHER/OR situations, not AND. EITHER the person needs to have LEGAL status for 1+ years in a country that is not their home country to be processed as a resident of that country OR they need to have a valid passport for the country they wish to be processed through.

CURRENT LEGAL Status is not a requirement for an application to be processed in a country other than your home country.

in this particular case, he has been ILLEGAL for YEARS! I don't believe an applicant can say, "hey I had legal status in the US in 2008, and i've been living there illegally since, so I would like to be processed as if I have current, legal status in the US." if that is what you are saying, that is ridiculous. He does NOT have LEGAL status in the US, nor does he have a US passport. IF you are saying that CIC will choose to process him as a US resident because he once entered legally, yet has fallen out of status YEARS ago, then either you are very misinformed or there is something seriously wrong with the system.

It is not about what you believe or not. CIC may chose to process the application in an office in a country other than your home country as long as you were legally admitted to that country for a minimum of one year. Ridiculous, may be but that is how it is. I am not misinformed. System is wrong or right? That is debateable.

I have never heard of such of thing, nor have I heard of situations of when a person is out of status in a country they will be processed as if they old currently, legal status in that country. To me, that is canada simply slapping the face of any country that a person is living illegally in, as if they don't respect the rules of that country. I don't think CIC or canada would risk their relationships with other countries by processing the application as if that person has the right to be processed from that country. while CIC may not care about the illegal status, it is hardly believed they will go along with it and let that person enjoy the benefits of having legal residence when they DO NOT!

the bottom line remains the same. the op has NO choice as to where the application will process, ONLY CIC has that choice!

If you have not heard of something that does not mean it does not exist. These forums help us to learn what many of us never knew.

I agree with you on this though that it is not OP's choice as to where the application will be processed. It will be decided by CIC.

Still, CIC may chose to process OP's application in an office in USA provided he was legally admitted to USA for at least One Year.

 

[RajaJi]

no it didn't. i guess we will wait and see what happens with this particular case. how do you know for a FACT what will happen with this application? you don't, i don't. i just know what's been reported, and i have yet to see a case reported on here where an applicant is processed in a country they have illegal status in. perhaps you are the expert because you have the same situation?

I do not claim to be an expert. I shared the information which is available and of which you were not aware.

to reward people for not following the rules that everyone else has to follow would be ridiculous and a HUGE public relations nightmare for canada. but since YOU say it's possible, then i guess this poster will just assume it is. i can't see that going well at all.

There is no reward here. Applicant, still, must meet all other requirements for immigration to Canada. It is just about the office where the application will be processed. Public relations nightmare for Canada? This rule has been there for a long time. Have you heard of any problem Canada had due to this?

I don't know how well it will go. Possibility is there because that is in the System.

 

[chakrab]

according to the checklist in CIC:

Passports or travel documents for you, your spouse or common-law partner and dependent
children. Include only copies of pages showing the passport number, date of issue and expiration,
your photo, name, surname (family name), date and place of birth. Children must have their own
passport, separate from their parents. If you reside in a country different from your nationality,
include a copy of your visa for the country in which you currently reside. Please note that all
prospective immigrants must hold a valid regular passport; diplomatic, official or public affairs
passports are not valid for an application for permanent residence in Canada.

that may be be an issue.

CURRENT LEGAL Status is not a requirement for an application to be processed in a country other than your home country.

seems quite opposite to me. i don't see that claim anywhere on CIC site

 

[innosense]

I disagree again. This is the language from CIC website:

"...you must select the visa office that serves your country of nationality or the country where you have been legally admitted for at least one year."

One of the Link where this information is posted is noted below:

http://www.cic.gc.ca/english/information/offices/apply-where.asp

I have no confusion. It seems this information has skipped your attention.

I thought the form was modified to remove the option to select the visa office.
And aren't the words clear enough. Where you have been legally admitted for one year .... Obviously in the future.... Legally admitted for the next one year so u can go to their office if called for an interview.

How can you interpret this in a totally different way ?

Rhcohen2014 is correct. If cic does anything else then seriously wtf is wrong with them?

Raja ji .... U r confusing the op. If are not clear about something better not to push it.

We are yet to see anyone being processed in the country where they r illegal. We have to go by the law of large numbers here. If we have not heard of something here , it most likely does not exist.

 

[innosense]

"You have been legally admitted..." Is present perfect tense... Passive voice.

It is not past perfect Tense eg. "You HAD been admitted ..."