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immigration

pichinga

Newbie
Feb 23, 2017
3
0
hello I'm from el Salvador residing in the united states for 28 years I'm married to and American citizen for 10 years and have two grown up son and dougther born in the united states from another marriage I have apply for permanent residency base on our marrieage but was denied. I still undocumented and up for deportation now with the new trump immigration laws we are goin to be persecuted and I don't want to go back to el Salvador since all my family is in the us' my question is. is there any program the Im qualified to be able to migrate to Canada or it will be easy for my wife to apply like on a family program since she is a united states citizen ..thank you.........
 

scylla

VIP Member
Jun 8, 2010
97,221
23,054
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
There is no special immigration program specifically for your situation. The fact your wife is American also doesn't give you any advantages. You will have to apply for PR through the same streams as anyone else would.

I would recommend you start by researching Canada's economic stream immigration programs (I would focus on the Express Entry / Federal Skilled Worker program). Your wife will most likely have to be the primary applicant due to your status in the US. You can find detailed information here: http://www.cic.gc.ca/english/immigrate/skilled/index.asp

Good luck.
 

mzgblx

Star Member
Jan 26, 2017
53
3
pichinga said:
hello I'm from el Salvador residing in the united states for 28 years I'm married to and American citizen for 10 years and have two grown up son and dougther born in the united states from another marriage I have apply for permanent residency base on our marrieage but was denied. I still undocumented and up for deportation now with the new trump immigration laws we are goin to be persecuted and I don't want to go back to el Salvador since all my family is in the us' my question is. is there any program the Im qualified to be able to migrate to Canada or it will be easy for my wife to apply like on a family program since she is a united states citizen ..thank you.........
It sounds like a hard situation :( what you can do is have your wife apply to immigrate to Canada, then you can come as her spouse possibly. It will take a while though. Hopefully she qualifies under one of the express entry classes in the link the other person posted. Best of luck and be careful!!
 

scylla

VIP Member
Jun 8, 2010
97,221
23,054
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
pichinga said:
so a Canadian PR or citizen can apply to bring his husband or wife ? thank you...
Your wife would apply for PR as the primary applicant and include you and your children (under 19 years old) in the application. You would all get PR together. Canadian citizenship is a different matter. You'll need to live in Canada for several years as PRs before you will qualify for citizenship.

The trick is whether your wife qualifies for any Canadian economic immigration program and if she has enough points to be selected.
 

mzgblx

Star Member
Jan 26, 2017
53
3
pichinga said:
I see thank you' you are bery helpful...
Also she can try to work in Canada under NAFTA possibly? Then you can come with her as spouse. My common-law partner is Salvadoran too :)
 

scylla

VIP Member
Jun 8, 2010
97,221
23,054
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
mzgblx said:
Also she can try to work in Canada under NAFTA possibly? Then you can come with her as spouse. My common-law partner is Salvadoran too :)
This most likely won't work.

Yes - the spouse can get a work permit without an LMIA if she can obtain a job in Canada on the NAFTA list. However given the OP is in the US without status, there's pretty much zero chance he would be able to accompany her in any capacity (i.e. visitor or open work permit).

Immigrating is the only realistic option.
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
pichinga said:
so a Canadian PR or citizen can apply to bring his husband or wife ? thank you...
What is your wife's education/job? She would need to have a sufficiently skilled job that Canada is looking for, in order to qualify and be selected for any open immigration programs.
 

vensak

VIP Member
Jul 14, 2016
3,868
1,017
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
I would start question with something more obvious. What is his age and the age of his wife.

I would suspect it to be somewhere close to 50 years old (he mentioned to be 28 years in USA and to have 2 grown up (18+ I guess) children that are USA citizens).

With that said chances are not the brightest. 50 years is limit for practicaly all PNP programs (some do end at the age of 46).
So he will get no points for age (and even on the first FSW scale).

NAFTA work position could help (giving 50 points after 1 year of employment), but given the problem with age, it might not be enough to pass through.

I would say his best shot is to battle for his green card in USA.