Out of Status in Canada. Urgent Advice Needed.

[Ponga]

I asked before, but no one has answered it yet. When I apply inland, there's no "right of appeal". I don't know what that means, exactly. Does it mean I'll never have a chance to live with my partner in Canada? ever? or does it mean I'd have to wait some time and resubmit everything again for consideration rather than working on the same file.. or.. does it mean something completely different?

I keep seeing differing opinions on the forum as to whether or not to use a lawyer. It seems the general consensus is.. "They can't offer you any guarantees, they can't speed up the process, they have no effect on the decision, they just give you the same forms to fill out, you still have to fill them out and send them to the lawyer.. so you're being charged for them to shuffle paperwork".

I suppose there may be times and cases where a good immigration lawyer would be advisable.

Do you think mine is one of those cases? and if so, can someone PM me the name of a good lawyer that they recommend? (I'm aware of the firm that runs this website, so with respect to them and the services and this forum they provide here, I think it would be respectful to send any other recommendations in a PM)

It simply means that if your application is denied, you'd have to re-apply (starting over). If they have questions or doubts about your relationship (probably the biggest reason why applicants fail), they will ask you for more information before simply denying an application. Based upon what you've shared here publicly, I think you have a very good chance of being approved, but this is merely my opinion of course. Your application may take a bit longer to process and you may get a tongue lashing from CIC (maybe not), but so be it! At the end of the day, your overstay will not prevent you from being approved with an Inland application.

Since your biggest issue is your overstay, which in and of itself it not a valid reason for CIC to deny your application, I suggest that you do this yourself. Because you've been in Canada without status so long, there's nothing that a lawyer can do to rectify that now.

Question:
Have you ever received anything in writing from CIC or CBSA telling you to leave Canada. Anything at all?

 

[Jhama]

Question:
Have you ever received anything in writing from CIC or CBSA telling you to leave Canada. Anything at all?

No. Other than one of the times when I was getting my work permit renewed.. I had to step on american soil. They gave me a piece of paper which told me to leave canada so that I could turn right around and come back. They told me to just go to a border to do it, stop at the canadian side first, show them my paperwork..

I stopped on the canadian side of the border, told them I was renewing my work permit, gave them all the papers etc.. they told me to just cross into the U.S, and come back, they'll be waiting for us. They said "go have lunch at a taco bell if you want" ... a fast food place we don't have anywhere nearby where we live. (they were quite pleasant and polite)

They gave us our papers and let us go.. we went the 100 feet to the U.S border station, where they grilled me because I had my Canadian girlfriend with me, maybe they thought she was moving there... We had to leave the car, come inside, they hassled us for like 40 minutes.. they searched my car, found this piece of paperwork and thought I was being DEPORTED from Canada.. sigh.

So they gave us a hard time, body searched us, etc.. when I explained that NO, we were not being kicked out of Canada, and in fact the Canadian Border people 100 feet away in the next building were actually WAITING for us to come back, and they read the paper more carefully, they Eventually they let us go.

We came back and the candian border people were laughing wondering what the U.S Border people were doing with us for so long. Maybe it's some kind of sick joke they play or something. Anyway, they stamped my all my forms, welcomed me back and we came back home, a bit irritated at the U.S. sigh.

Since then, I have come in as a visitor, and been questioned a bit about that incident, but when I explain I just had to go around the flagpole, they seemed to understand and that was it.

To my knowledge, I've never been specifically asked to leave. I guarantee if I ever am, I'm not going to be questioning it. I want to live here legally. I've been with my partner long enough and we're still in a nice solid relationship, so I know we're good together. We tend to make each other laugh every day, and even through this process she's found ways to make me laugh and ease my mind, even though it's very stressful, the entire thought of the next few months.

We don't have a lot of pictures together (we have some, like at her birthday, or family gatherings at christmas, but we don't have a lot. We don't even have a smartphone (our phones are still wired into the wall).

Even though I'm a computer geek myself, we're very private and we just don't take a lot of photos. It's just not us.

I do have yahoo chat logs from Nov 2011 to today.. with our messages, although they're mostly mundane daily chatter.. "what do you want for dinner" or.. "I'll have to work late tonight" .. that kind of stuff.. nothing too exciting.

We do of course have my family and her family that knows we've been together all this time. I don't think we'll have any problems getting affadavits or anything like that.

When I read that some people submit hundreds of photos, it makes me a bit worried.

I need to run for an appointment, will check back later. Thanks everyone for your support and guidance.

 

[Hasan9999]

Given the situation, out land application will be better to get back your legal status eventually. Most importantly, you must concentrate now to gather all relevant papers, evidences and documents to prove your relationship. Even if you don't employ a good lawyer, you can have legal opinions from competent lawyers by spending small fees. Don't take any decision hastily. Being US citizen, you will not be denied at the end. All the best.

 

[Ponga]

Given the situation, out land application will be better to get back your legal status eventually. Most importantly, you must concentrate now to gather all relevant papers, evidences and documents to prove your relationship. Even if you don't employ a good lawyer, you can have legal opinions from competent lawyers by spending small fees. Don't take any decision hastily. Being US citizen, you will not be denied at the end. All the best.

With all due respect, I disagree.

Since the OP cannot renew his status, he cannot remain in Canada if he files an Outland application. An Outland applicant must maintain legal status if they are in Canada during processing: An Inland applicant does not need to maintain (or even have) legal status, which is probably the only valid reason for an American to file Inland.

While an Inland application will take longer to process, the end result will [hopefully] be the same...PR, which will give him legal status (eventually).

 

[Ponga]

One more suggestion:

Can you get something from your (her) landlord, verifying that you've been living there?

As you must know, proving that you've been cohabiting with your partner for at least 1 year, is the first and most important piece of the puzzle. Having something from the landlord would be a huge benefit for you!

 

[Jhama]

One more suggestion:

Can you get something from your (her) landlord, verifying that you've been living there?

As you must know, proving that you've been cohabiting with your partner for at least 1 year, is the first and most important piece of the puzzle. Having something from the landlord would be a huge benefit for you!

She doesn't have a landlord. She is the ownwer of this place we live.

I have my bank accounts with this address on them (both U.S and Canadian, both current and closed accounts now) My checks from my U.S. checking account have this address printed on them.

I get mail from the veteran's administration (from the U.S.) to this address.

I don't get much mail here (I do almost everything by email) but I do have some things like christmas cards, birthday cards, etc sent to me at this address over the years.

I can probably produce receipts from stores where I've bought stuff online, and had it shipped to me here (computers, etc) over the years with my name on them.

If I dig around I could probably find more stuff with my name at this address on it (and I know I'll have to).

Proving we've been together for more than a one year, or more than 10 years ... I don't think is the problem. Maybe, depending on how much of a mountain of evidence they want, but.. to me, I've got enough to give them no doubt I've been here way longer than I should have been.

Enough that it would suffice for a signed written confession

 

[Ponga]

Stop beating yourself up. I assure you that you are NOT the only person that has overstayed and now want to make things right. There have been others here that were out of status just as long and made it through the PR without any problems...why not you too?!

It sounds like you have more than enough proof of your common-law relationship, so just send them whatever you have, knowing that it's all you can do.

 

[Jhama]

Thanks Ponga, you've been great! Sent you PM.

 

[brucem]

Just on a side note Jhama I to have read many stories of people submitting hundreds of phots but also of others who have sent relatively few. Personally I think its quality rather than quantity. If you can show different stages of your relationship through the years that has more credence than dozens of one holiday; if you get what I mean. Given you have been together so long I'm sure it won't be difficult to show its a genuine relationship. I'm sure the officers must get bored of holiday and wedding snaps after a while! Anyway all the best with the application.

 

[Jhama]

Thanks Bruce.

We're not really overly social, and don't have our lives spilled out all over youtube and facebook and such. (we don't even have facebook accounts).
occasionally a picture may get taken here or there, but... we don't even have smartphones, and when we go places we tend to take pictures of the places.. not of US so much.

So I can probably find some, I can think of from some birthdays, or christmas times, but.. if they want my life in video or pictures, it just doesn't exist.

I was in a G+ hangout with a friend the other day talking about this and they're in the UK, and they were laughing at me for still having a phone that "plugs into the wall".

At least it's not still a rotary phone.

 

[Ponga]

Don't send original cards. Make a photocopy, since there's no guarantee you'll get them back!

 

[canuck_in_uk]

Since the OP cannot renew his status, he cannot remain in Canada if he files an Outland application. An Outland applicant must maintain legal status if they are in Canada during processing: An Inland applicant does not need to maintain (or even have) legal status, which is probably the only valid reason for an American to file Inland.

On the main "Determine your Eligibility" page, CIC simply states "If they live in Canada, they do not need to have legal status to be sponsored." There is no distinction between inland and outland apps. A person without status can apply outland as well and just hope, as with an inland app, that they are not removed from Canada during the processing.

 

[Ponga]

On the main "Determine your Eligibility" page, CIC simply states "If they live in Canada, they do not need to have legal status to be sponsored." There is no distinction between inland and outland apps. A person without status can apply outland as well and just hope, as with an inland app, that they are not removed from Canada during the processing.

Wow! That's fantastic for the OP!!

I had always though that an Outland applicant, that chose to remain in Canada, needed to maintain their status.

Do you think that in this case, being out of status for so long, would increase the chances of a CBSA intervention if applying Outland?

 

[Jhama]

On the main "Determine your Eligibility" page, CIC simply states "If they live in Canada, they do not need to have legal status to be sponsored." There is no distinction between inland and outland apps. A person without status can apply outland as well and just hope, as with an inland app, that they are not removed from Canada during the processing.

So if that was the case, I could apply outland, while still being inland? and only leave if they ask me for an interview? (which hopefully I've have enough of a well built package that they'd not have any doubt as to our relationship, and not ask for one).

That would be really good news. I'll seek clarification on it. Thank you very much Canuck!

 

[Ponga]

So this means that even an American (or anyone from a visa-exempt country) that is out of status when they apply, with no chance of restoration, has the same chance (in theory) of removal with an Inland application or an Outland application? This, based on the CBSA Administrative Deferral of Removal policy that ended in late 2011 that would once allow an Inland applicant to remain, pending the PR approval.

Wow!