Illegal (Overstay) U.S. Alien - Express Entry from U.S.

[HyperJP]

Hello CanadaVisa people!

So, quite a long story but I`ll try to write a short version of it and hope some of you can help me and my wife with ang give us some light at the end of the tunnel.

So, we are from Brazil and have lived there until 2016. After we finished our University (Civil Engineer and Public Relationship) we decided to try our future in North America (U.S.A.). So, we got in Florida with our Turist Visa (6months) and after 2 months we moved to Salt Lake City, Utah. We had the right to stay here until Sep/16 and before that in Aug/16 we applied for a Student Visa (F-1 and F-2).

Our process took kinda long period to be processed and we got lot of letters asking us to provide more information such as sponsors, pictures, I-20`s (school documents), if I`m not wrong they asked us to send paperwork 2 or 3 times and we did all they asked us to.

And in some of those letters they asked us to apply for an Extension Visa even if we already applied for a Student Visa and we did it too.

Anyway, we`ve received our last answer in early March/18 and it was a negative answer saying that we were late to apply for an Extension Visa.

So, this big text (sorry) is to ask few questions:

1) IF we apply for an Express Entry, could we do that throught U.S.A? Because we kinda have everything here and it would be such a bad experience going back to Brazil to apply;

2) We have 25 y.o and Civil Engineer and she's Public Relations and we both have 3 years (she has 4) of experience in Brazil. I had a Restaurant since I was 16 years old with my family (I have the contracts) and also paids internships that I also have contracts and Letters of my bosses. She also has Experience working in restaurant and her public relations area. Does it count to Express Entry (Paid Internships and Self employed)?

3) We are completely open to write down a LoE asking sorry for what we did and also that we are open to an interview in any office in U.S. Is it posible that an illegal alien ask for interview here?

4) What are our chances, really?

Guys, thank you so much for spending your time reading this huge thread and even more to answer me.
We really appreciate you and hope we have a small chance to take a shot.

Well, see ya`ll down here.

Edit:
*Number 3 and 4;

 

[ndshah26]

I am not sure whats your question here. Also is your current status in the US legal or illegal? If you are currently living in the US and have an illegal status then the chances are super dim that you could convince the VO and justify your doing to a VO...But I am still confused about your status in the US and whats the actual issue?

 

[manboarpig]

Before you are allowed to even click the submit button to apply, you have to upload your FBI rap sheet. Can you do that?

 

[ndshah26]

Before you are allowed to even click on submit button to apply, you have to upload your FBI rap sheet. Can you do that?

Well you can upload the rap sheet even after submitting the app...But you pose a real good question here: Would you be able to obtain a US PCC?

 

[HyperJP]

I am not sure whats your question here. Also is your current status in the US legal or illegal? If you are currently living in the US and have an illegal status then the chances are super dim that you could convince the VO and justify your doing to a VO...But I am still confused about your status in the US and whats the actual issue?

Well, I`m sorry for my confusing thread. My question is:

Will we be able to apply for Express Entry from United States and IF we are called to an interview could we do here too?

Thank you very much!

*I know our chances are low due to the overstayed here in US but I know it's not "impossible".

 

[HyperJP]

Well you can upload the rap sheet even after submitting the app...But you pose a real good question here: Would you be able to obtain a US PCC?

Hello! Yes, we can get the FBI PCC here. We`ve been in touch to an Immigration Lawyer here and she told us that we can do it because the PCC shows basically Criminal Records.

 

[scylla]

Having illegal status in the US does not prevent you from applying for PR in Canada. Provided you are 100% honest about your immigration history, you can certainly be approved for PR. Assuming you're planning on applying for PR through the Express Entry program - they key question is how many points you have under the Express Entry system. This is what will determine if you are selected and if you will be successful.

It's also almost certain that you'll end up with a re-entry ban as soon as you leave the US (either 3 year re-enter ban or 10 year re-entery ban). So if you decide to go the Canadian immigrate route, make sure you're prepared to leave the US and not be able to return for a number of years.

 

[HyperJP]

Having illegal status in the US does not prevent you from applying for PR in Canada. Provided you are 100% honest about your immigration history, you can certainly be approved for PR. Assuming you're planning on applying for PR through the Express Entry program - they key question is how many points you have under the Express Entry system. This is what will determine if you are selected and if you will be successful.

It's also almost certain that you'll end up with a re-entry ban as soon as you leave the US (either 3 year re-enter ban or 10 year re-entery ban). So if you decide to go the Canadian immigrate route, make sure you're prepared to leave the US and not be able to return for a number of years.

I did the EE Test to see how many points we would get with our history and it showed something close to 415.

Unfortunately, we are prepared to leave U.S. and be banned!

Thank you very much for your answer.

 

[scylla]

I did the EE Test to see how many points we would get with our history and it showed something close to 415.

Unfortunately, we are prepared to leave U.S. and be banned!

Thank you very much for your answer.

The US gives out automatic bans for overstays. If you overstay six months to a year - it's a 3 year ban. If you overstay a year or more - it's a 10 year ban. The ban clock starts ticking as soon as you physically leave the US. What you now need to figure out is how long you've been in the US without status per US immigration law - it's possible they'll calculate back to September 16th when it sounds like your original status expired - or they may use a more recent date. You really need to ask these questions on a US immigration forum. If it turns out that you've been in the US for fewer than six months without status - I would leave asap.

Regardless, I don't think immigrating to Canada is an option for you now if you're unwilling to be banned from re-entering the US. You need to fix your status issues in the US.

 

[HyperJP]

The US gives out automatic bans for overstays. If you overstay six months to a year - it's a 3 year ban. If you overstay a year or more - it's a 10 year ban. The ban clock starts ticking as soon as you physically leave the US. What you now need to figure out is how long you've been in the US without status per US immigration law - it's possible they'll calculate back to September 16th when it sounds like your original status expired - or they may use a more recent date. You really need to ask these questions on a US immigration forum. If it turns out that you've been in the US for fewer than six months without status - I would leave asap.

Regardless, I don't think immigrating to Canada is an option for you now if you're unwilling to be banned from re-entering the US. You need to fix your status issues in the US.

Thank you so much for the advice, Scylla. We are already planning to leave to London since I`m Austrian citizen too and spend our "ban period" there and we could also think in either stay there or apply for EE in few years.

Again, I would like to say thanks to everyone that spent a little bit of their time to come here and help a desperate couple.

This is amazing.

 

[iftek0793]

Having illegal status in the US does not prevent you from applying for PR in Canada. Provided you are 100% honest about your immigration history, you can certainly be approved for PR. Assuming you're planning on applying for PR through the Express Entry program - they key question is how many points you have under the Express Entry system. This is what will determine if you are selected and if you will be successful.

It's also almost certain that you'll end up with a re-entry ban as soon as you leave the US (either 3 year re-enter ban or 10 year re-entery ban). So if you decide to go the Canadian immigrate route, make sure you're prepared to leave the US and not be able to return for a number of years.

Hi Scylla is it alright if I can message you.