In the USA (Out Of Status)

[Sher10]

I got married to my fiancee! She is in Canada (citizen). We got married in the states. I'm out of status here (US). I came here legally. Lived here legally for 5 years almost. (till 2007)

1- Can she sponser me in a way that i dont have to go back to Pakistan?

2- If yes how long would i have to stay here in the USA (Duration time)

3- What is Security check? (I dont have any criminal background)

4- Which one is the fastest application processing office?

Please help.

This lawyer (barrister and solicitor) i talked to in Toronto advised me to get all the documents and apply for asylum first once your in we can withdraw asylum and apply for sponsership.

Thanks to job_seeker who invited me to this forum.

 

[rjessome]

Are you serious??? A lawyer advised you to seek refugee status? What a joke!

If you were legally admitted to the US when you originally arrived there, you can choose Buffalo as the visa processing office. Processing times for that office are 3 to 9 months. Buffalo will be faster than Islamabad. However, if US Immigration deports you in the meantime, you will have to ask Buffalo to transfer your file to Islamabad. Did the lawyer mean to apply for asylum in the US? A security check is done by CSIS (Canada's security agency) to ensure that you are not a danger to the security of Canada. It's done on everyone applying to immigrate to Canada. Not having a criminal record is a good thing. Could mean that your security/background check will be fast.

 

[Sher10]

Thank you so much.

The lawyer told me to pay him 3 k for Asylum and 3 k for sponsership lol i laughed when he said it anyway.

Do they usually call people for the interview?

processing time means after it has been processed you get the PR? or a visa to get into canada legally? please advise

 

[Halifax-Maple]

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.

 

[Karlshammar]

That would depend on how long he was admitted for. It has to be for at least a year. If he came as a tourist he was most likely admitted for 6 months and would not be eligible to be processed in Buffalo.

I am also not convinced that if you become illegal you are still eligible to be processed just because you were once upon a time admitted legally. People keep saying this, but I have yet to see any evidence for it. Not that it matters if the original admission period was under a year anyway.

If you were legally admitted to the US when you originally arrived there, you can choose Buffalo as the visa processing office.

 

[maua]

That would depend on how long he was admitted for. It has to be for at least a year. If he came as a tourist he was most likely admitted for 6 months and would not be eligible to be processed in Buffalo.

I am also not convinced that if you become illegal you are still eligible to be processed just because you were once upon a time admitted legally. People keep saying this, but I have yet to see any evidence for it. Not that it matters if the original admission period was under a year anyway.

The OP said he was admitted legally and was in the States legally for 5 yrs.

 

[Sher10]

Yes i was in the states legally till 2007.. and i was waiting for the immigration reform the politicians are promising for but can not and do not want to wait anymore.

But i am in Alabama which is 1700 miles away from buffalo. I wont be able to fly because of my status. Can they still call me and my wife for the interview?

The processing time is 3-9 months as it was mentioned above. Do i get my PR after my case is approved? or just a visa to get into Canada legally?

 

[ariell]

Thank you so much.

The lawyer told me to pay him 3 k for Asylum and 3 k for sponsership lol i laughed when he said it anyway.

Well I've got a better idea. How about you pay me 1K and I'll do the sponsorship application for you.

Seriously though, run far far away from that lawyer!!! Ridiculous advice!

Regarding your other questions:

processing time = the time from when they receive your application at the visa office processing your case to the time that they issue your visa.

No, not everyone is called for an interview. They only have you do an interview if they are not convinced that your relationship is genuine and think that one of you is just trying to help the other get PR status in Canada, i.e. they suspect your relationship is a marriage of convenience. So make sure that you answer all the questions on the application very thoroughly and submit lots of proof of your relationship, like emails, letters, phone records, photos etc.

You'll find all the guidebooks and forms that you'll need here: http://www.cic.gc.ca/english/information/applications/fc.asp

EDIT: You'll need a police check from every country you've lived in for 6 months or more since the age of 18.

Good luck.

 

[Sher10]

Thank you for your advise, my last question.

How long does it take to get PR once you get your visa? How soon can you apply for your father? Can you sponser your sister (not married above 22) if dependent?

thanks

 

[ariell]

Thank you for your advise, my last question.

How long does it take to get PR once you get your visa?
You become a PR as soon as you land in Canada. So in theory you could become a PR the same day you get your visa if you got your visa and then immediately flew to Canada.

How soon can you apply for your father?
After 1 year.

You have to provide proof of your income for the past 12 months to show that you have an income at least equivalent to the minimum necessary income (or low income cutoff, LICO).

Can you sponser your sister (not married above 22) if dependent?

Short answer: no

Long answer: you can only sponsor your sister if she is under 18, an orphan and not married or common-law.



thanks

 

[maua]

Yes i was in the states legally till 2007.. and i was waiting for the immigration reform the politicians are promising for but can not and do not want to wait anymore.

But i am in Alabama which is 1700 miles away from buffalo. I wont be able to fly because of my status. Can they still call me and my wife for the interview?

The processing time is 3-9 months as it was mentioned above. Do i get my PR after my case is approved? or just a visa to get into Canada legally?

Who said you cannot fly because you are out of status? Do you not have an Alabama DL/ID? Or an unexpired passport? What else have you been denying yourself?

 

[Sher10]

You can not fly if your ID has already expired!

I am not sure if i can fly with my Pakistani Passport but i do not want Immigration to come and get me at the airport, there are different ways bus or by car.

1- The day you land to Canada you get your PR card? so then we can travel for honeymoon to other countries too?

2- In the USA they give you a PR card. Is that the same in Canada?

 

[ariell]

You can not fly if your ID has already expired!

I am not sure if i can fly with my Pakistani Passport but i do not want Immigration to come and get me at the airport, there are different ways bus or by car.

1- The day you land to Canada you get your PR card? so then we can travel for honeymoon to other countries too?

2- In the USA they give you a PR card. Is that the same in Canada?

No. The day you land you become a PR. You'll get your actual PR card in the mail in 4-6 weeks. In the meantime, you use your COPR (confirmation of permanent residence) to prove your PR status. The COPR is a form that is sent to you with your visa and is then signed by the immigration officials once you land.

Sorry no idea about the US PR card.

Why can't you fly with your Pakistani passport? Is it expired? You'll need a valid passport for them to affix the visa.

 

[Sher10]

So once i have a PR i can go to pakistan and come back without a Visa. Right? That was my last question guys. thank you so much for the help.

 

[job_seeker]

I got married to my fiancee! She is in Canada (citizen). We got married in the states. I'm out of status here (US). I came here legally. Lived here legally for 5 years almost. (till 2007)

1- Can she sponser me in a way that i dont have to go back to Pakistan?

2- If yes how long would i have to stay here in the USA (Duration time)

3- What is Security check? (I dont have any criminal background)

4- Which one is the fastest application processing office?

Please help.

This lawyer (barrister and solicitor) i talked to in Toronto advised me to get all the documents and apply for asylum first once your in we can withdraw asylum and apply for sponsership.

Thanks to job_seeker who invited me to this forum.

Happy for you. Hope you do get the help you need. All the best.