minimum stay requirement for Buffalo

[zabaloch]

Hi,
Is any body aware that a person has to be living in the USA for at least one year in legal immigration status before he or she can apply for immigration to Canada?

 

[PMM]

Hi

Hi,
Is any body aware that a person has to be living in the USA for at least one year in legal immigration status before he or she can apply for immigration to Canada?

You have to be ADMITTED to the US for 1 year, to apply to Buffalo. It has to be a year, not 6 months and an extension for 6 months.

PMM

 

[zabaloch]

Hi,
We have been in the country for 7 months now, but we can stay in USA for another 3 to 4 years. Even if we prove that we are illegible to stay in the country we still cannot apply?

 

[PMM]

Hi

Hi,
We have been in the country for 7 months now, but we can stay in USA for another 3 to 4 years. Even if we prove that we are illegible to stay in the country we still cannot apply?

Re-read my post, how long were you admitted for, if it was less than year, then you are out of luck and have to apply to the office of your home country.

PMM

 

[zabaloch]

Hi PMM,

I should have rephrased the question. In our scenario I have been in the USA for 9 years and the principal applicant is my wife. She has been in the country for only 7 months. Does the same one year year apply to us if my wife applies?

Thanks for the help.
Is there a link to buffalo website or cic where I could read this information in detail?

 

[PMM]

Hi

Hi PMM,

I should have rephrased the question. In our scenario I have been in the USA for 9 years and the principal applicant is my wife. She has been in the country for only 7 months. Does the same one year year apply to us if my wife applies?

Thanks for the help.
Is there a link to buffalo website or cic where I could read this information in detail?

From the Act

11. (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves
(a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or
(b) the applicant's country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

Place of application for temporary resident visa, work permit or study permit
(2) An application for a temporary resident visa — or an application for a work permit or study permit that under these Regulations must be made outside of Canada — must be made to an immigration office that serves as an immigration office for processing the type of application made and that serves, for the purpose of the application,
(a) the country in which the applicant is present and has been lawfully admitted; or
(b) the applicant's country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

 

[USCAN]

Hi,
Is any body aware that a person has to be living in the USA for at least one year in legal immigration status before he or she can apply for immigration to Canada?

It looks like you are misinterpreting the statement. It's not that you have to be staying for last one year before you can apply for canadian PR. It mean as my understanding you should give them at least one year's legal stay in USA at the time of filing document to Buffalo because the whole process might take a year or so. In your case if you can show them the proof that you can stay another 3-4 years in USA then you are good to go.
Don'w worry just include the document that says you can legally stay in US for at least one year after you file your documents to Buffalo.

 

[PMM]

HI

It looks like you are misinterpreting the statement. It's not that you have to be staying for last one year before you can apply for canadian PR. It mean as my understanding you should give them at least one year's legal stay in USA at the time of filing document to Buffalo because the whole process might take a year or so. In your case if you can show them the proof that you can stay another 3-4 years in USA then you are good to go.
Don'w worry just include the document that says you can legally stay in US for at least one year after you file your documents to Buffalo.

You are misreading the statement YOU HAVE TO HAVE BEEN ADMITTED TO THE US FOR 1 YEAR ON YOUR FIRST ENTRY to appeal with Buffalo as the visa office.

PMM