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is it possible for a USA overstay to immigrate to Canada without going back to original country of citizenship?

jelly373572

Newbie
Nov 6, 2024
4
0
I was brought into the USA with my mom when I was 14, I am now 24 and nor I or my mom has filed for an extension for our visas and we overstayed. I want to move to Canada and have a fresh start. I have been working paid jobs, finished high school and unfortunately dropped out of my third year of college. I am wondering if it is even possible for me to come to Canada. Any help would be appreciated. Thank you.
 

scylla

VIP Member
Jun 8, 2010
95,745
22,039
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
I was brought into the USA with my mom when I was 14, I am now 24 and nor I or my mom has filed for an extension for our visas and we overstayed. I want to move to Canada and have a fresh start. I have been working paid jobs, finished high school and unfortunately dropped out of my third year of college. I am wondering if it is even possible for me to come to Canada. Any help would be appreciated. Thank you.
I don't think it's going to be possible to qualify and be selected through an immigration program with your profile. It's very competitive. If you are able to complete a degree (ideally a Master's), get a year at least a year of skilled work experience, and also learn French fluently, then it may be possible. As things stand now, it won't happen given the level of education you have completed so far.
 

scylla

VIP Member
Jun 8, 2010
95,745
22,039
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
I was brought into the USA with my mom when I was 14, I am now 24 and nor I or my mom has filed for an extension for our visas and we overstayed. I want to move to Canada and have a fresh start. I have been working paid jobs, finished high school and unfortunately dropped out of my third year of college. I am wondering if it is even possible for me to come to Canada. Any help would be appreciated. Thank you.
If you want to see what it would take, research the Express Entry program and use the online calculator to estimate how many points you would score. This is a points based program and those with the highest number of points are selected for PR. Right now you would need to score well above 500 to be selected.
 
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jelly373572

Newbie
Nov 6, 2024
4
0
I don't think it's going to be possible to qualify and be selected through an immigration program with your profile. It's very competitive. If you are able to complete a degree (ideally a Master's), get a year at least a year of skilled work experience, and also learn French fluently, then it may be possible. As things stand now, it won't happen given the level of education you have completed so far.
thank you for your response, do you think there is any way to get into canada at all like not just through express entry. for example, like a work visa or student visa. I also have a boyfriend in canada if that does anything.
 

scylla

VIP Member
Jun 8, 2010
95,745
22,039
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
thank you for your response, do you think there is any way to get into canada at all like not just through express entry. for example, like a work visa or student visa. I also have a boyfriend in canada if that does anything.
A work visa or student visa will not happen since you are out of status in the US.

Your boyfriend could sponsor you for PR if you either get married or become common law. To be classified as common law you must first live together continuously for one full year. Since you cannot go to Canada, this means your boyfriend would need to be willing to come to the US and either marry your or live with you in the US continuously for one full year. The relationship also needs to be genuine obviously and you must have spent sufficient time in person to prove this. For example, if you get married the first time you meet in person, IRCC will think this is a marriage of convenience and not a real relationship.
 

jelly373572

Newbie
Nov 6, 2024
4
0
A work visa or student visa will not happen since you are out of status in the US.

Your boyfriend could sponsor you for PR if you either get married or become common law. To be classified as common law you must first live together continuously for one full year. Since you cannot go to Canada, this means your boyfriend would need to be willing to come to the US and either marry your or live with you in the US continuously for one full year. The relationship also needs to be genuine obviously and you must have spent sufficient time in person to prove this. For example, if you get married the first time you meet in person, IRCC will think this is a marriage of convenience and not a real relationship.
thank you again for the response. For the common law partner, is it a sure thing that I will be accepted into Canada if we meet the expectations and requirements, or is it still up in the air for the immigration officers to decide. Also, if my boyfriend lives with me in the US for a year, would he get in trouble for hiding an illegal immigrant or something along those lines?
 
Last edited:

scylla

VIP Member
Jun 8, 2010
95,745
22,039
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
thank you again for the response. For the common law partner, is it a sure thing that I will be accepted into Canada if we meet the expectations and requirements, or is it still up in the air for the immigration officers to decide. Also, if my boyfriend lives with me in the US for a year, would he get in trouble for hiding an illegal immigrant or something along those lines?
Nothing is ever for sure. Your application would be evaluated by IRCC and they would be the ones to make the decision about whether you are approved based on the strength of your application and other factors.

Does your boyfriend have US citizenship or a US green card? He can only live in the US for a year if he has the right status. If he is Canadian only, he is not allowed to live in the US for a year.
 

jelly373572

Newbie
Nov 6, 2024
4
0
Nothing is ever for sure. Your application would be evaluated by IRCC and they would be the ones to make the decision about whether you are approved based on the strength of your application and other factors.

Does your boyfriend have US citizenship or a US green card? He can only live in the US for a year if he has the right status. If he is Canadian only, he is not allowed to live in the US for a year.
my boyfriend is Canada only and is coming to the states for college. If he gets an apartment and I move in with him for the year he is there, would that count?
 

scylla

VIP Member
Jun 8, 2010
95,745
22,039
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
my boyfriend is Canada only and is coming to the states for college. If he gets an apartment and I move in with him for the year he is there, would that count?
Yes, that would count. You would want to make sure you live together for at least one full year continuously (i.e. without breaks) in order to be classified as common law. You will need proof of cohabitation. This means that your name should be on the lease along with his, you should have joint bank accounts and joint utility bills if possible, etc.

Note that if you end up leaving the US because you get PR in Canada, you will receive an automatic 10 year ban from the US and won't be able to re-enter the US for at least a decade. Make sure you are OK with that.