In the USA (Out Of Status)

[Sher10]

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.

may be that was another case perhaps? maybe for skilled worker?

 

[Karlshammar]

You'll find it's common practice for embassies to require proof of legal status in the country they are in before they will provide any services.

Do you have the section of the OP where this was mentioned?

may be that was another case perhaps? maybe for skilled worker?

 

[job_seeker]

You'll find it's common practice for embassies to require proof of legal status in the country they are in before they will provide any services.

Do you have the section of the OP where this was mentioned?

It is not part of the Operating Manuals but rather on the application form itself:

Page 3 Q6:

http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf

 

[Sher10]

Okay guys here is a thing. When i came to the US i came on a visit Visa, then i applied for Asylum which was going on and on for years.. in the meanwhile i got married and i withdraw my Asylum.

I re applied as my wife was a citizen and my case was approved, but later i found out she was cheating on me while i was working my ass off so i got divorced and i sent a copy to immigration that i am withdrawing my case... same days my mom passed away so i wasnt thinking of anything else but my family...

!! so anyway i got married again to my wife who is a canadian citizen. 2 months ago. - i am not sure if she can sponser me or theres a thing she cant sponser me before 3 years?

She was living Seperately for a year before she got divorced in 2009. We got married then! I have been waiting for the immigration reform so once i get that i can bring her here.. but this is not going to happen i am sure.

my questions are.

1- Was i living legally? As my case was with the immigration? Or legal means you have to have your GREEN CARD Atleast or Job visa to be in a legal status?

2- Is it better for me to apply from the USA or Pakistan? WHich one is faster? Our marriage is legit so i am not worried about that.

3- Do she has to wait for 3 years to be over before she can sponser me?

 

[Karlshammar]

Yes, but nowhere does it say that if you fall out of status and become illegal you are still able to do this, and since embassies generally refuse to provide services to people who are illegal even if they were originally legal I strongly doubt this.

It is not part of the Operating Manuals but rather on the application form itself:

Page 3 Q6:

http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf

 

[job_seeker]

Yes, but nowhere does it say that if you fall out of status and become illegal you are still able to do this, and since embassies generally refuse to provide services to people who are illegal even if they were originally legal I strongly doubt this.

Hi,

It says:

b) If the above address is not the country of nationality of the person you are sponsoring, has that person been lawfully admitted for a period of at least one year in the country where he or she is living?

It did not say that in order for that person's application to be processed at the current country of residence that s/he needs to be still legally staying there. Well all of these are just our opinions anyway. I hope the OP can find a really good lawyer who can help him in his current situation, not just a lawyer who sees dollar signs when he sees the OP. And there were forum members who have told of success stories of their friends. Might help if the OP can get in touch with the forum members' friends. Just a thought.

 

[Karlshammar]

I know what the form says, but that is not the law.

Hi,

It says:

b) If the above address is not the country of nationality of the person you are sponsoring, has that person been lawfully admitted for a period of at least one year in the country where he or she is living?

It did not say that in order for that person's application to be processed at the current country of residence that s/he needs to be still legally staying there. Well all of these are just our opinions anyway. I hope the OP can find a really good lawyer who can help him in his current situation, not just a lawyer who sees dollar signs when he sees the OP. And there were forum members who have told of success stories of their friends. Might help if the OP can get in touch with the forum members' friends. Just a thought.

 

[Sher10]

I talked to a barrister and he said as long as you were admitted legally and were in the USA for 1 whole year legally you can apply from the USA.



Now please answer my other questions too =(

 

[job_seeker]

I talked to a barrister and he said as long as you were admitted legally and were in the USA for 1 whole year legally you can apply from the USA.



Now please answer my other questions too =(

I can't find the links for processing times but from what I can remember, processing time at Buffalo is fast.

 

[Sher10]

Thank you

Processing Times at Visa Offices Finalized in months
(Updated on 2009-10-29)

Buffalo 4 6 8 10

Islamabad 7 8 11 14

 

[Sher10]

On CIC site

Buffalo 10 22 26 29

Islamabad 16 18 25 33

 

[job_seeker]

Thank you

Processing Times at Visa Offices Finalized in months
(Updated on 2009-10-29)

Buffalo 4 6 8 10

Islamabad 7 8 11 14

Well, there you go. Sincerely wishing and hoping something will work for you. All the best.

 

[rayban]

hello everyone,

Good forum. I have been living in usa for a while. I came here legally, finished college. Unfortunately I didn't got my H1 VISA because my company screwed up. That's another story. I am out of status for couple of years. Since i lived in usa more than one yr legally do i have chance to apply for Quebec skilled worker category !

Thanks.