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Need help! Don't know what to do!!

ElectroJello

Newbie
Feb 5, 2017
3
0
The short of this is that my husband has been here a year and a half without extension, has no passport, and is technically homeless. He has no where to go if he were to go back to the United States, no family or friends that can take him in. The costs of the application for permanent residence and the cost of an immigration lawyer are incredibly intimidating and seem totally out of reach. I'm at a loss for what to do, and I'm starting to feel hopeless that they would accept his application at all.

Where should we start to clean up this mess?
I can answer more questions if anyone needs to know.
 

Pitt1234

Star Member
Sep 28, 2016
112
14
1. Be calm
2. Apply for a passport
3. Follow the immigration law --- he either needs to apply for "Restoration of Status" or go to the US (and apply outland). There were changes in 2016 which make it difficult for an "out of status" person to apply for an inland application. I assume since it has been more than 1 year, he is not legally present in Canada anymore.
4. You don't need a lawyer to file his permanent residency application. Follow this (and other) thread on this forum for general inquiries: http://www.canadavisa.com/canada-immigration-discussion-board/how-i-organized-our-applcation-and-a-summary-of-all-helpful-tips-i-have-learned-t92449.0.html
5. Apply for his sponsorship
5 (a). If you decide to sponsor him as an outland applicant, he needs to get an extension of visitor visa (which will most likely be denied).
5 (b). You may be able to sponsor him inland (as long as he can restore his legal status), but check the new requirements for out of status applicants. If he is able to apply for an inland application, he may send an open work permit application that will allow him to legally work in ~4 months post application.

Read up more on "implied status" during inland applicaiton and what are the new rules for inland applicants. Perhaps, post specific questions on this on relevant threads. I am not 100% sure about what the new rules are. But there would be people who would know better.


----
* Btw, I am sorry to say this, but if your husband is so careless (with law, financials, job, his passport, etc), do you think it's a wise idea to sponsor him?



ElectroJello said:
The short of this is that my husband has been here a year and a half without extension, has no passport, and is technically homeless. He has no where to go if he were to go back to the United States, no family or friends that can take him in. The costs of the application for permanent residence and the cost of an immigration lawyer are incredibly intimidating and seem totally out of reach. I'm at a loss for what to do, and I'm starting to feel hopeless that they would accept his application at all.

Where should we start to clean up this mess?
I can answer more questions if anyone needs to know.
 

ElectroJello

Newbie
Feb 5, 2017
3
0
Thanks so much for replying!

I appreciate the information, it can all get so muddled in my mind all the steps to take to immigrate.
And I appreciate your concern for sponsoring him, but it's really just a snowball-effect of bad circumstances that has led us to this point (not to mention the naivety of being a young person).

Thank you again for helping :D
 

Hasan9999

Champion Member
Sep 28, 2013
1,477
170
Ontario
Category........
FAM
Visa Office......
SVO
App. Filed.......
August 2013
LANDED..........
December, 2016
ElectroJello said:
The short of this is that my husband has been here a year and a half without extension, has no passport, and is technically homeless. He has no where to go if he were to go back to the United States, no family or friends that can take him in. The costs of the application for permanent residence and the cost of an immigration lawyer are incredibly intimidating and seem totally out of reach. I'm at a loss for what to do, and I'm starting to feel hopeless that they would accept his application at all.

Where should we start to clean up this mess?
I can answer more questions if anyone needs to know.
I have some questions:

1) Is your husband an American(USA) citizen?
2) When he first came to Canada, what document he presented at the border?
3) If you're a Canadian citizen and legally married with him, why you didn't apply for him under spousal sponsorship PR visa as soon as he entered Canada?

This is a bad situation for you. But you must explore all possibilities how both of you can successfully overcome this ordeal. Sometimes you never know help is out there to cope with any difficulties.

Good luck.

Hasan
 

ElectroJello

Newbie
Feb 5, 2017
3
0
Yes, he is an American citizen.
He provided his birth certificate and driver's license.
There was no way we could immediately afford it, and had various emergencies that have cut our saving.
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
ElectroJello said:
The short of this is that my husband has been here a year and a half without extension, has no passport, and is technically homeless. He has no where to go if he were to go back to the United States, no family or friends that can take him in. The costs of the application for permanent residence and the cost of an immigration lawyer are incredibly intimidating and seem totally out of reach. I'm at a loss for what to do, and I'm starting to feel hopeless that they would accept his application at all.

Where should we start to clean up this mess?
I can answer more questions if anyone needs to know.
He needs to apply for a passport.

Apply outland. Status is not required to apply and the app will not be refused because of it. While there is no guarantee that he will not be removed from Canada during the process, the chances are low.

You don't need a lawyer.