In the USA (Out Of Status)

[Sher10]

Thanks man for the help.

In my case i would have to get the clearance from the FBI? as i read some people have been waiting for the FBI for security check? I am not legal! I am from Pakistan. The first thing they will do is lock me up! cheeky! Such is life !!

So once i have a PR i can go to pakistan and come back to canada without a Visa. Right or it is not recommended to do so till you get your passport?

 

[WWVET]

You can still travel around the US even if your US visa expired. You will howevevr need a VALID picture ID (DL from your state of residence or your foreign un=expired passport) to book flights and all that. US immigration will not bother you unless they're looking for you for whatever reason. If you're not under a deportation order, you may apply for your Canadian PR in the US regardless of your status in the US. Ofcourse, you'll also have to account for your time in the US and any other country you ever lived in for over 6months since your 18th birthday. The security background check will take care of this. Police and FBI background check will not result in you getting locked up unless ofcourse, you know that something will a raise RED FLAG.
~ Even if you went to pakistan and file an outland application, you will still have to do police and FBI reports for when you lived in the US. Yes, you'll have to state your US status or lack there of, with Canadian immigration. I know of two people who have received canadian PR even though their US status expired. But as is always the case, every applicants' process is going to be different based on individual circumstances as well the visa office handling your application. There's good advice here if you take heed.
Best of luck to you.

 

[Sher10]

Thank you.

I am in my deportation in the USA. Can i still apply from the USA?

 

[miguelre]

i had my FBI background check done with no problem. I have no legal status either and my case is being processed in buffalo. I'm a mexican citizen, been here since 2000, left in 2006 and returned in 2007.

if you havent done anything bad, you should not worry about the FBI background check. i was freaked out too

hope this helps.

 

[Sher10]

IT sure does, Thank you everyone for the advise and help I really appreciate it.

 

[YorkFactory]

Just so you know: it is somewhat likely that if you travel to Buffalo by bus, one of your buses will get boarded by the Border Patrol, and your (lack of) status will be discovered, even if you're not crossing the border.

 

[saralune]

I am not sure of the accuracy of the advice you got from the lawyer. First, ethically the lawyers can not encourage someone to break the law. Some people (immigrants) had/have done this before but the lawyer can not advise you (officially and professionally) to follow the same track.
Above all there is a third safe country treaty between US and Canada which took effect 4-5 years ago. In your case, you are already in a safe third country (USA) and then Canada will turn you back to US where you could safely apply for refugee there. I can't believe that the lawyer does not know about this treaty Also, even if you are allowed to come to Canada on a refugee status, your marriage will be under the microscope, and will be suspected as a marriage of convenience.

this is correct, but if i understood well, there is an exception to that if you have family already living in Canada...they will not send you back ... so technically speaking he could do that, but yeah I agree it is really strange a lawyer would advise one to do that... very very strange

 

[job_seeker]

You can still travel around the US even if your US visa expired. You will howevevr need a VALID picture ID (DL from your state of residence or your foreign un=expired passport) to book flights and all that. US immigration will not bother you unless they're looking for you for whatever reason. If you're not under a deportation order, you may apply for your Canadian PR in the US regardless of your status in the US. Ofcourse, you'll also have to account for your time in the US and any other country you ever lived in for over 6months since your 18th birthday. The security background check will take care of this. Police and FBI background check will not result in you getting locked up unless ofcourse, you know that something will a raise RED FLAG.
~ Even if you went to pakistan and file an outland application, you will still have to do police and FBI reports for when you lived in the US. Yes, you'll have to state your US status or lack there of, with Canadian immigration. I know of two people who have received canadian PR even though their US status expired. But as is always the case, every applicants' process is going to be different based on individual circumstances as well the visa office handling your application. There's good advice here if you take heed.
Best of luck to you.

People who were out of status in the US normally had somebody drove them to where they were going. They usually avoided buses and they did not travel by air, except those who had "borrowed identities". They always fear getting sent back to the country they were from and serving jail terms (am not sure of this though. Always thought getting deported were their main concern.)

 

[tgchi13]

Just so you know: it is somewhat likely that if you travel to Buffalo by bus, one of your buses will get boarded by the Border Patrol, and your (lack of) status will be discovered, even if you're not crossing the border.

Agreed. In July, when in Erie Pennsylvania, we saw the buses being boarded and people removed and that's not a border town!

 

[saralune]

People who were out of status in the US normally had somebody drove them to where they were going. They usually avoided buses and they did not travel by air, except those who had "borrowed identities". They always fear getting sent back to the country they were from and serving jail terms (am not sure of this though. Always thought getting deported were their main concern.)

As some of you know my husband s illegal
I agree. we drove from LA to Rhode Island to avoid exactly all that !
My husband also refused going to airports, until last Sunday when he had to, to go back to leave the country..

 

[saralune]

You can still travel around the US even if your US visa expired. You will howevevr need a VALID picture ID (DL from your state of residence or your foreign un=expired passport) to book flights and all that. US immigration will not bother you unless they're looking for you for whatever reason. If you're not under a deportation order, you may apply for your Canadian PR in the US regardless of your status in the US. Ofcourse, you'll also have to account for your time in the US and any other country you ever lived in for over 6months since your 18th birthday. The security background check will take care of this. Police and FBI background check will not result in you getting locked up unless ofcourse, you know that something will a raise RED FLAG.
~ Even if you went to pakistan and file an outland application, you will still have to do police and FBI reports for when you lived in the US. Yes, you'll have to state your US status or lack there of, with Canadian immigration. I know of two people who have received canadian PR even though their US status expired. But as is always the case, every applicants' process is going to be different based on individual circumstances as well the visa office handling your application. There's good advice here if you take heed.
Best of luck to you.

this is not necessarily correct. You have to have been admitted in the USA and maintained a status for at least a year to have your application processed in the USA, which if I understand the OP's situation, but it is not true for everyone out there..

 

[rjessome]

You don't have to "maintain" your status for a year to be allowed processing in the US. You just have to have been legally "admitted" for a year.

 

[Karlshammar]

Heh, people keep saying that, but where's the proof? All I've seen is at the Consulate General in Buffalo when they were about to send a gentleman away because they thought he was out-of-status...

You don't have to "maintain" your status for a year to be allowed processing in the US. You just have to have been legally "admitted" for a year.

 

[Halifax-Maple]

Heh, people keep saying that, but where's the proof? All I've seen is at the Consulate General in Buffalo when they were about to send a gentleman away because they thought he was out-of-status...

The proof is there in the immigration manual. PMM and others have discussed and explored this subject earlier in a different thread. You were involved in that thread' question. What you had seen at the Consulate General in Buffalo was an individual incident and is based on your own word of mouth....do you have a proof?

 

[Karlshammar]

I remember the discussion very well, and I don't remember anybody posting any evidence. If it's in the immigration manual, feel free to go ahead and point me to the right section.

Proof? I saw it with my own eyes.

The proof is there in the immigration manual. PMM and others have discussed and explored this subject earlier in a different thread. You were involved in that thread' question. What you had seen at the Consulate General in Buffalo was an individual incident and is based on your own word of mouth....do you have a proof?