Hello:
I believe you should be good (with regards being out of status because you can prove 1 year of legal stay with your H1-b). I got this email in 2008 not sure if it has changed.
You may file your permanent resident application in Buffalo if you meet the criteria of R(11) shown here.
Buffalo will continue to process the application even if you move to another country. If you are convoked for an interview you will have to appear in Buffalo.
If a permanent resident visa is issued, we will send it to a mailing address in the USA or Canada only.
R(11) of the Immigration and Refugee Protection Act determines the place where an application for a permanent resident visa may be submitted.
R11(1) states that an application for a permanent resident visa 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
the applicant’s country of nationality (if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted).
If you are able to provide documents showing that you are currently a citizen of the USA or a resident of the USA, Bermuda or Canada, having been granted lawful entry and allowed to remain for at least one year, you may submit your application to our office.
Acceptable documents to prove lawful entry and duration of status:
- current or expired entry/exit stamps in your national passport; and
- current or expired status documents:
Canada i.e. Study Permit, Work Permit or Visitor Record
USA i.e. I-94 card, H1-B (I-797), J-1 (IAP-66) or F-1 (I-20)
Acceptable documents to prove current residential status:
- school admission letter or letter from your student advisor
- employment contract or letter from your employer
- letter from a guarantor stating that they know you personally and confirm your identity and presence in the community. Your guarantor can be a dentist, medical doctor, pharmacist, school principal, minister, postmaster, etc.
Canadian Consulate General
Immigration Section
buffalo-im-enquiry@international.gc.ca
