My husband lives in the united states illegally...can he immigrate to Canada?

[JaneGat]

Hello, so im married and my husband lives in the united states illegally. He was brought by his parents from Mexico when he was just a child. He is now 21 and he wants to live up in Canada with me. Does he have to go back to Mexico in order to immigrate to Canada? Or can he apply from the United States...cause that would be horrible for him to return there...since the last time he lived there was when he was 5. Im going to sponsor him on the Family Class. And would the help of a lawyer help? or would it just be a waste of money & time.

 

[scylla]

Yes - he can immigrate to Canada.

Did he enter legally when he was 5 or did he and his parents EWI (enter without inspection)? If he entered legally, can he prove it? And was he legally admitted for at least one full year? He can only apply through the US visa office if he was legally admitted to the US for at least one year. If he wasn't, then his file must be processed by Mexico. He can apply from the US, however if he is called for an interview it will be held in Mexico. Also, once his visa has been approved, he will have to send his passport to Mexico for visa issuance.

You don't need a lawyer. However if you feel more comfortable hiring one, by all means do.

 

[JaneGat]

Yes, they entered legally with their passports. And being legally admitted for one full year...does that mean that they told the border officers that they were going to stay for one full year and had to prove it? if so, then no...

How can he apply from the US?

Thanks so much for the info!!

 

[scylla]

Yes, they entered legally with their passports. And being legally admitted for one full year...does that mean that they told the border officers that they were going to stay for one full year and had to prove it? if so, then no...

How can he apply from the US?

Thanks so much for the info!!

No - legally admitted for one year means that they were admitted on some kind of visa (usually a work visa) that allowed them to live in the US for a minimum of one full year. If they entered as visitors - then they would not qualify under the one year clause since visitors are allowed into the country for six months at the most.

Based on what you've said, his processing office will have to be Mexico. You will be applying "outland". More information about the process is available in the first post here:

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

I'm sure you're aware that as soon as your husband leaves the US, he will automatically be given a 10 year ban from re-entering the US due to his overstay.

 

[JaneGat]

Well his mom got him a visitors visa when they were in the united states when he was 11. And that just expired last year...and hes 21 now. So does that count as being legally admitted for one year? even tho they didnt enter with the visas?

 

[scylla]

Well his mom got him a visitors visa when they were in the united states when he was 11. And that just expired last year...and hes 21 now. So does that count as being legally admitted for one year? even tho they didnt enter with the visas?

It sounds like his mother obtained a 10 year visit visa. No - this doesn't not count as being legally admitted for one year. In order to count as legally admitted for one year, he would have had to have been given permission to stay in the US for at least one full year by immigration when he physically entered the country. Even if he had entered on a 10 year visit visa, this still wouldn't count as being legally admitted for a year. When entering the US as a visitor, the maximum time you can be given for your visit is six months.

In order to have a chance of qualifying under the one year rule, his parents and he would have had to have entered on some kind of work visa or perhaps a student visa.

 

[JaneGat]

alrightt...so can he send his application from the US to mexico? And then go to mexico later..so he doesnt have to stay there for to long? When does he have to go to mexico?

 

[scylla]

alrightt...so can he send his application from the US to mexico? And then go to mexico later..so he doesnt have to stay there for to long? When does he have to go to mexico?

Please read through the information in the link I provided above to familiarize yourself with the process. The entire file is sent to Mississauga first.

He will only have to go to Mexico if an interview is requested. If an interview is requested, then he will have to remain in Mexico from the time his interview is held until his file is approved (he won't be allowed to re-enter the US after leaving and won't be able to enter Canada until his PR visa has been approved). It's difficult to say how long that might be. Timelines really vary from application to application.

 

[Syed2011]

You guys are really messed up the things ! Do not forget to post the final episode

 

[JaneGat]

Alright, thanks so much for your information! It has helped me soo much!!

And haha yes, i will for sure keep you guys updated as to whats happening with our situation here lol

 

[JaneGat]

My husband and I were reviewing the applications together....and one of the questions for him was "what is your status in the country you live in" Do we have to pick "other" and then say hes an illegal immigrant? orr...what do we put in there? ???

 

[scylla]

Yes - pick Other. Then say "no status" (rather than illegal immigrant).