NEW HERE - need help! Want to apply for PR - US out of status

[lucyliu1108]

Hi everyone,

This is my first time to write a post in a forum.. I've been reading a lot of the discussions here and so I decided to seek for opinions from you guys. So here's my story...

I came to USA since 2004 as a B2 visa, went back home came back 2005 as an exchange student J1 visa, I got accepted by college in the USA. I went back to my home country ( China) got F1 visa in 2006. I always in good status. I went to Vancouver, BC twice actually for visit and renew my F1 visa to stay in status. Until Sep,2010. My F1 visa expired. I stayed in USA. Now I am about to marry my fiance who is an Canadian citizen. I just want to find out the whole PR process.

1. Do you guys suggest I apply for PR in NY or China?

2. While I am applying for the PR, the same time can I apply for a visitor visa to visit him in Canada?

3. If I am out of status in USA, Can I apply an visitor visa while I am in US to visit my fiance in Canada?? Will I get rejected? or Do I have to go back home to apply it?

4. I just really want to be with him as soon as possible. My question is what's the best way you guys suggest me to do? Shall I out source a lawyer? Or Can I apply by myself? I would love to be with him already while waiting for my PR.

5. Any other suggestions or tips I need to know about??

Thank you all sooooo much for your help

Lucy

 

[waitingsince2004]

Hi everyone,

This is my first time to write a post in a forum.. I've been reading a lot of the discussions here and so I decided to seek for opinions from you guys. So here's my story...

I came to USA since 2004 as a B2 visa, went back home came back 2005 as an exchange student J1 visa, I got accepted by college in the USA. I went back to my home country ( China) got F1 visa in 2006. I always in good status. I went to Vancouver, BC twice actually for visit and renew my F1 visa to stay in status. Until Sep,2010. My F1 visa expired. I stayed in USA. Now I am about to marry my fiance who is an Canadian citizen. I just want to find out the whole PR process.

1. Do you guys suggest I apply for PR in NY or China?

2. While I am applying for the PR, the same time can I apply for a visitor visa to visit him in Canada?

3. If I am out of status in USA, Can I apply an visitor visa while I am in US to visit my fiance in Canada?? Will I get rejected? or Do I have to go back home to apply it?

4. I just really want to be with him as soon as possible. My question is what's the best way you guys suggest me to do? Shall I out source a lawyer? Or Can I apply by myself? I would love to be with him already while waiting for my PR.

5. Any other suggestions or tips I need to know about??

Thank you all sooooo much for your help

Lucy

Answer for Number 3.: You can not apply a TRV from USA if you are out of status in USA.

Good Luck

 

[chipits]

1. Do you guys suggest I apply for PR in NY or China?

I would apply through China. The processing time is only 8 months for Beijing compared to 12 months for the American visa offices. Not to mention there's a good chance that no matter what visa office you choose CIC will choose to send your application to be processed in China as that is your country of nationality.

2. While I am applying for the PR, the same time can I apply for a visitor visa to visit him in Canada?

Yes, although there is a very, very low chance of you being approved.

4. I just really want to be with him as soon as possible. My question is what's the best way you guys suggest me to do? Shall I out source a lawyer? Or Can I apply by myself? I would love to be with him already while waiting for my PR.

Honestly, I think you should go back to China, apply from there, and move to Canada when your PR is processed. As you'll be married to a Canadian citizen, your chances of being approved for a visitors visa is extremely slim. You COULD return to china, apply for a visitor's visa BEFORE you get married, and if you're approved get married once in Canada and apply inland, but even that probably won't work. On the bright side, Beijing is a fast visa office, and chances are you'll only be apart for a year or so. If your husband is a Canadian citizen, he'll also be able to come and visit you during that year. You can absolutely apply by yourself, your application seems relatively straightforward, so you just need to go through the paperwork. People on this forum tend to be very friendly and answer any questions you have!

Good luck!

 

[scylla]

On top of what everyone else has said, I wanted to make you aware that as soon as you leave the US, you will automatically trigger a 10 year ban from the US due to your overstay (the US takes a very hard line with overstays). Please don't try re-entering the US during these 10 years. If you do and are caught, your ban will increase to 20 years.

 

[lucyliu1108]

Thank you soooo much for the information.

So my question is Can I apply through in USA? In the states??

and another question if I go back to China, can I apply for a visitor visa the same time as I apply for my PR. I was wondering while I was waiting for my PR, Can I go visit my husband in Canada? or I have to stay in China the whole time?

Once I receive my PR, I can come back to visit USA right??

 

[scylla]

Once I receive my PR, I can come back to visit USA right??

No - you will not be able to return to the US for a visit after you receive PR. As mentioned in my previous post, you will have a 10 year ban as soon as you leave the US. Getting Canadian PR status changes nothing. The ban still applies. Even getting Canadian citizenship will change nothing. The ban will still apply.

You triggered the 10 year ban by remaining in the US for more than a year after the expiry of your F1 visa.

 

[parker24]

Thank you soooo much for the information.

So my question is Can I apply through in USA? In the states??

and another question if I go back to China, can I apply for a visitor visa the same time as I apply for my PR. I was wondering while I was waiting for my PR, Can I go visit my husband in Canada? or I have to stay in China the whole time?

Once I receive my PR, I can come back to visit USA right??

You more than likely cannot apply through USA at all. And your visitor's visa will probably be denied due to the fact you will be married to a Canadian and they will think you will overstay.

 

[Creampop]

http://www.cicnews.com/2012/04/canadian-immigration-questions-answers-attorney-david-cohen-041508.html

I currently live in the United States, but I am out of status. I have paid taxes and have never been arrested or deported. Can I apply for Canadian immigration?

Individuals living in a country out of status may still apply for Canadian Permanent Residency. The fact that they are out of status should in most cases have no bearing on the overall application.

Applicants to Quebec immigration programs should be aware that years of work experience, which must be calculated for some applications, will only count if the work was accrued while the person was in status.

Applications for temporary residence made by an out of status individual will often be refused. Canadian authorities are in general not willing to issue a temporary visa to an individual who has already overstayed their temporary status in another country.

 

[chipits]

I don't understand why you're insisting on applying through the USA when it will be at least four months faster to go through Beijing, and you don't run the risk of not being able to attend your interview due to a 10 year ban.

 

[JoeUH]

You can ask to apply through the US if you want, but depending on how Mississauga reads the application they may decide to send it to China anyways.

 

[lucyliu1108]

I don't understand why you're insisting on applying through the USA when it will be at least four months faster to go through Beijing, and you don't run the risk of not being able to attend your interview due to a 10 year ban.

Because I feel like if I am in the states, my husband can come down visit me often. I can see him .... If I apply in China. I won't be able to see him as often

 

[chipits]

Because I feel like if I am in the states, my husband can come down visit me often. I can see him .... If I apply in China. I won't be able to see him as often

And if for whatever reason you're deported from the States, and have a ten year ban put on you before your interview, you will not be able to attend your interview and you will have to go through the ENTIRE process again in China.

You can always stay in the States and apply through the China office. You will simply have to leave America to go to the interview, which should be close to the end of the process, so if you're lucky, you'll only go a month or two without seeing your husband. It will be faster, you'll be able to see your husband, and you don't risk having your application abandoned because US immigration finally caught up to you.