Out of Status in Canada. Urgent Advice Needed.

[jsrnm]

Thanks for reply and inbox message. So definitely Outland you are going for ?

 

[Jhama]

I have found no reason which implies that inland is a better choice for me.

Outland seems to be a no-brainer, unless something significant happens to make me change my mind before the paperwork is actually submitted.

 

[Ponga]

I have found no reason which implies that inland is a better choice for me.

Outland seems to be a no-brainer, unless something significant happens to make me change my mind before the paperwork is actually submitted.

Consider this possibility:

Your Outland application is NOT processed in Ottawa (like the majority of American's) because CIC learns of your overstay. You will obviously disclose this in your application and there's no concrete evidence that indicates how CIC handles an out of status person that submits an Outland application.

Because of the overstay, YOUR application could be processed in NY which has a substantially longer processing time than even an Inland application. Further more, you could also be found to be inadmissible because of your overstay, which means that you cannot even land! And...you are the lucky recipient of an exclusion order that would ban you from entering Canada for at least 1 year.

I think it's relatively safe to assume that a person without status can in fact submit an Outland application while remaining in Canada...that's not the point. The REAL question is, HOW that application is processed. Would/should it be processed in an expeditious way (CPP-O) as most others are, or...will it be `flagged' because of the lack of status?

While it's great that you are finally ready to resolve this matter, I'm not sure that choosing the `fastest way' (for those with status) will be well received by CIC.

Having said that, I do hope that my theory is wrong!

 

[jsrnm]

There is something I don't understand though. On both applications outland and inland it will state u were out of status what is the difference? I am 90% sure I am doing inland I don't believe I desreve this outland timeline

 

[Ponga]

There is something I don't understand though. On both applications outland and inland it will state u were out of status what is the difference? I am 90% sure I am doing inland I don't believe I desreve this outland timeline

It's not so much a matter of whether a person without status `deserves' the Outland timeline, but rather how a person is supposed to decipher the information regarding if/how that Outland applicant is processed. As a matter of fact, an Inland applicant without status can sometimes have their application processed (to reach AIP) if CBSA requests it from CIC!

Personally, I've never heard anything (nor have I read anything) from a person without status that has filed an Outland application. I'm sure it's been done, but I have no idea what the outcome would have been. My previously expressed opinions are simply based on my interpretation of the possible setbacks.

 

[Jhama]

While it's great that you are finally ready to resolve this matter, I'm not sure that choosing the `fastest way' (for those with status) will be well received by CIC.

Of all of the thought that goes into my decisions on the matter.. "speed" is not one of them.

I don't care if it takes 6 months, or 6 years. It doesn't matter to me if it's faster going through one office or another, so long as it's in process. I'm here anyway. I'm out of status, anyway. I'm working to resolve it.

The best I can do is file all my paperwork, be honest on it, pay my fees, and wait for the outcome.

I do appreciate all your help, support, and input. Thanks much for that!

 

[rhcohen2014]

Because of the overstay, YOUR application could be processed in NY which has a substantially longer processing time than even an Inland application. Further more, you could also be found to be inadmissible because of your overstay, which means that you cannot even land! And...you are the lucky recipient of an exclusion order that would ban you from entering Canada for at least 1 year.

US applications that require an interview are processed in LA. NY does not process family class applications anymore, and no interviews for spousal sponsorship are held there. Currently those requiring interviews with applications in LA are taking 12-16 months for total processing, which is still shorter than inland.

also, i highly doubt CBSA would issue an exclusion order at landing once PR was approved. The whole fact the person applied for PR and received approval from CIC generally outweighs any previous issues. When I landed and had to answer yes to the question about being refused entry, the officer just looked at me, pointed to my COPR and said, "I don't even understand why they ask that question. this document cancels that out." So i don't think that needs to be a concern. I also doubt CBSA would pick up on the fact he previously overstayed if it was not already noted in their system. When you land as a pr, they don't really do a deep check on your entries, they assume CIC vetted and approved you.

 

[Ponga]

US applications that require an interview are processed in LA. NY does not process family class applications anymore, and no interviews for spousal sponsorship are held there. Currently those requiring interviews with applications in LA are taking 12-16 months for total processing, which is still shorter than inland.

also, i highly doubt CBSA would issue an exclusion order at landing once PR was approved. The whole fact the person applied for PR and received approval from CIC generally outweighs any previous issues. When I landed and had to answer yes to the question about being refused entry, the officer just looked at me, pointed to my COPR and said, "I don't even understand why they ask that question. this document cancels that out." So i don't think that needs to be a concern. I also doubt CBSA would pick up on the fact he previously overstayed if it was not already noted in their system. When you land as a pr, they don't really do a deep check on your entries, they assume CIC vetted and approved you.

So...would you recommend an American that has overstayed, and is out of status, to submit an Outland application?

Personally, I'd still be reluctant simply because I have no idea how CBSA would respond if they are alerted (by CIC) that the applicant is out of status and has filed an Outland application.

 

[scylla]

So...would you recommend an American that has overstayed, and is out of status, to submit an Outland application?

Personally, I'd still be reluctant simply because I have no idea how CBSA would respond if they are alerted (by CIC) that the applicant is out of status and has filed an Outland application.

I would definitely recommend outland. Because in the event the person is asked to leave, the outland application will continue processing.

Also, inland out of status application also have a way of taking a lot longer than normal by being routed to the Etobicoke office. The Etobicoke office is a black hole and this is a far worse outcome than being routed to the LA office for outland.

 

[Ponga]

I had been informed that while Etobicoke is in fact the `dungeon of doom', an applicant that is out of status doesn't automatically end up there.

 

[jsrnm]

My applications is 2 weeks away from sending. I still have doubts on the outland while being out of status.