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Need advice..

ps_ace

Newbie
Mar 12, 2009
2
0
Hello,

First of all, let me thank you all for your active participation and expert suggestions in these forums. I was able to acquire a lot of helpful info by browsing through them.
Currently, me and my friend are in the process of applying for Canadian immigration ( AINP - U.S. Visa Holder Category). We are IT consultants and have been in in H-1B visa for almost 5 years now. In regards to that, I've the following questions:

1) Is the AVR process country specific ( as in only for India or some other specific countries)? If not, will my PR status be jeoperdized in any way if we landed in Alberta, stayed there a couple of days to have our visa stamped, and returned to the US to continue working under H-1b? We were also planning to use a Toronto address for the PR cards' arrival. Please inform if that can be an issue.

2) My friend's fiance had entered the US ( from Canada, where she completed her high school, and has a brother who is a citizen) with a 3 month visa, and she overstayed for 4 years. Will he be able to take her to Canada with him if they got married first in the US and then applied for the Canadian immigration, or should he get his own PR first, send her back to her home country, and then sponsor her? If latter, should he mention her name, at all, in his PR application?

3) Once I land in Alberta, will I be in violation of my PR status, if I decided to go for my MBA instead of working? It may sound like a no brainer, but I just wanted to confirm.

Again, any suggestions will be greatly appreciated.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,323
Job Offer........
Pre-Assessed..
1) It will look bad for you when you land under AINP and say btw, I know Alberta sponsored me for PR but here's our address.. in Toronto. It would look better for you if you tell CIC that you don't have an address yet and will update them later.

2) Some people who were illegal in the US have been able to get a PR of Canada, this especially true when it's only the spouse and not the principal applicant. If he tried to get his PR first without mentioning her, should CIC find out that they were already in a relationship and he didn't mention her, they will deny him to sponsor her.

3) No, you will not be in violation of your PR if you go back to school instead of working but if you want to do it in Toronto, you will be in violation of that little document you signed where you said you were planning to settle in AB.
 

ps_ace

Newbie
Mar 12, 2009
2
0
Thanks.My friend's common-law partner came to the US with her parents (she was under 15 then)on a 6-month tourist visa. They had overstayed it,and went to the US-Canada border to seek refuge status in Canada.Unfortunately,the agent who suggested them to do so,kept their passport and never showed up in the border.Regardless, they were admitted and a hearing date was supposed to be scheduled for their petition.The petition was denied,and they filed another petition to reconsider their situation.This whole process happened in a matter of 4-5 years,during which she completed high school from Canada,and was addmitted to a college.Their second petition also got rejected,and according to her,they were escorted back to the US border.During this time,their fingerprints were taken and their passports (which they made in Canada) were taken by US.They were given Alien numbers by US, and was told that they can re-apply to Canada after 90 days.In the meantime, a hearing date was also supposed to be scheduled in the US after those 90 days. Since then, they never checked the status of their hearing in US, and living here. All these info is mentioned in regards to my following question: Can my friend still sponsor her for Canada as a common-law partner? If so, should she make another passport here in the US? Any suggestions will be greatly appreciated.