Mexican living in the USA wishes to migrate to Canada

[marco333]

I've been living in the US for over 27 years and due to multiple immigration violations, I'm still illegal.

I was wondering what my chances are to immigrate legally to Canada under my current circumstances. I don't have a criminal background just the immigration violations.

Basically I've made a life for myself here in the US but can't live the country, can't vote, etc. I wish to start my life over

thanks

 

[scylla]

The chances are likely nil unless you happen to have a spouse/common law partner who is a legal US resident and can be the primary applicant in the Canadian PR application. All of Canada's economic streams require recent paid work experience - and I don't believe illegal work experience will be considered.

Detailed information about Canada's immigration programs can be found here: http://www.cic.gc.ca/english/immigrate/apply.asp

 

[HarshYADAV]

Well there was a widespread news around June, 2016 that Canada will lift Visa requirements for Mexicans from Dec, 2016. Not sure about the current status or updates.

 

[scylla]

Well there was a widespread news around June, 2016 that Canada will lift Visa requirements for Mexicans from Dec, 2016. Not sure about the current status or updates.

That doesn't really change anything from an immigration perspective. Mexicans will still require an ETA to visit Canada even if the rules change (they will no longer need to obtain visitor visas - but an ETA will be requires). ETAs only allow you to visit Canada - not live here or work here. Also, applying for an ETA doesn't guarantee approval. Someone who has been living without status in the US for years may have difficulty being approved for an ETA.

 

[marco333]

I read that the ETA is required to fly into Canada only. I live fairly close to Canada so that all I would need to do is to drive there or take a taxi

I seriously plan to go there as realities to ever live in the US are not going well. Yes, I probably will need to see a Canadian Lawyer to do this in order to avoid all the mess that I've found myself into

 

[CaroM8]

Hey OP!

Is it all al possible for you to go back to Mexico, and basically re-establish yourself there for a few years? Then after that look into the different Immigration programs for Canada. I'm no expert on this, but I think your illegal status in the US will always be a huge red flag no matter which immigration stream you choose.. But at least if you go back to Mexico, get a job etc. it might help...

 

[scylla]

I read that the ETA is required to fly into Canada only. I live fairly close to Canada so that all I would need to do is to drive there or take a taxi

I seriously plan to go there as realities to ever live in the US are not going well. Yes, I probably will need to see a Canadian Lawyer to do this in order to avoid all the mess that I've found myself into

You are massively over-simplifying the situation.

Whether you're allowed into Canada or not is entirely up to the CBSA officer you encounter at the border. Remember that you're only allowed in as a visitor - so the CBSA officer will be looking to confirm that you are a genuine visitor and have strong ties to your home country. It's quite possible you'll be asked for hard evidence to prove this. If the CBSA officer determines you have no status in the US, it's guaranteed you'll be refused entry. At that point you'll be returned to officials on the US side of the board and can assume you'll be placed in custody until you're deported.

If you are able to get into Canada somehow, you'll be allowed in as a visitor only. You won't be able to work, study, get health care, etc.

 

[marco333]

Yes, if I go to Canada it would be because I'm prepared, got a good lawyer to help with the paperwork, and ready to give up the US. No, I don't really want to go back to Mexico because my family is in the US and have stronger ties to the US. I don't even think I can speak Spanish without being called foreigner by my own Mexicans. I came to the US when I was teenager and I'm not just going to go back to Mexico and somehow start over. I've given too much up to just forget it all.
If I'm admitted to Canada I would work, became resident, and just visit my folks back in the US. I'm still fighting my case in the US so this would be like a backup plan.

 

[duMaurier]

Apply for a work visa. There are lots of farm work in Canada and lots of immigrants from Mexico work there. So it will help the economy as those jobs are hard to fill with Canadian Citizens. Even if you can't live here you will be able to work here and stay here and might even grant you citizenship since you contributed to the economy/country. As I said there are many Mexicans here doing farm work and not once have I heard of them causing trouble, gangbaging, drugs, etc. They just do their work on the weekdays and go shop at Wal-Mart on the weekends....what a life but eh I am proud of them. We need immigrants like that.

 

[scylla]

Apply for a work visa. There are lots of farm work in Canada and lots of immigrants from Mexico work there. So it will help the economy as those jobs are hard to fill with Canadian Citizens. Even if you can't live here you will be able to work here and stay here and might even grant you citizenship since you contributed to the economy/country. As I said there are many Mexicans here doing farm work and not once have I heard of them causing trouble, gangbaging, drugs, etc. They just do their work on the weekdays and go shop at Wal-Mart on the weekends....what a life but eh I am proud of them. We need immigrants like that.

Unfortunately a Canadian work visa has zero chances of being approved due to the OP's status in the US.

 

[scylla]

If I'm admitted to Canada I would work, became resident, and just visit my folks back in the US. I'm still fighting my case in the US so this would be like a backup plan.

Obtaining a work permit for Canada will extremely difficult for two reasons: (1) finding an employer to go through the LMIA process is typically very difficult to start - the process is long, involved and expensive; (2) the chances of CIC approving a work permit if you are able to secure a full time job offer and approved LMIA are pretty much to nil due to your immigration history in the US. To be approved for a work permit, you must demonstrate strong ties to your home country to prove you have no plans on remaining in Canada long term.

You will also need to look into what will happen to your case in the US if you leave. In some cases leaving abandons a case. If so, you'd end up with a 10 year ban and wouldn't be able to re-enter the US for a decade. I would recommend you confirm what happens to your case in the US if you leave by posting to this excellent US immigration forum: http://immigrate2us.net/forum/forum.php

I know this isn't what you want to hear and I'm sorry about that. But I want to paint a realistic picture of what you're facing in moving to Canada. I'm also sorry about your situation in the US - no idea what I"d do if I was in your shoes. Good luck.