Out of status in the US and applied in home country.

[MarceloS]

Is there anyone here who is or was out of status in the US and applied in home country? Even if you have a legal status in the US and applied in you home country, Did the Canadian Consulate from your home country ask you for your status in the US?

Thank you.

 

[martha marita]

Yes they will ask for a current status page. i live in london and applied in nairobi kenya and requested for current visa page. with us i think its different so you should have applied from us.

 

[MarceloS]

I can't apply here in the US because I am out of status here and my attorney told me I should apply in my home country.

 

[NewYorker]

You can't apply from USA because you didn't kept 1 year legal status requirement in the US, if you was not legal for one or more year here in the US then you can't apply from here.

YOu can sit here and apply from there, but if they interview you, you need to go back.

 

[MarceloS]

I was actually legal here for 2 years. However, I do not carry a legal status anymore. Therefore, my attorney told me that if I do not carry a legal status at the time I apply, they will not accept it.

 

[NewYorker]

Not true, change your lawyer - if this is the case and you can prove it, then you can apply from Buffalo, NY. Just ensure that you have I94's or visa or a work permit card to prove it. Doesn't matter what your status is right now.

You can definitely apply from USA according to what you said, you should get a get a second opinion.

 

[cchabert]

I agree with New Yorker, you only need 1 year of legal status in USA, always check second opinion

 

[GK]

That is tru - you can apply via Buffalo as long as you were legally admitted to the US for 1 year. Your lawyer is wrong - which is not very uncommon...

 

[MarceloS]

Yes. However, I was not admitted legally for a period of 1 year. I was admitted for a period of 6 months and I overstayed it. Then, years later I received a work permit for 2 years then I was not able to renew it any longer. In the application I am asked what legal status I carry in the country of resident(US in my case).

 

[NewYorker]

Your stay is kind of complicated. I think it goes for the first one year when you admitted, what you did afterward is counted if you still carry a status, but you went back to same status. I suggest you to take a legal advise from another Canadian lawyer with experience.

 

[MarceloS]

I did. He took are of a friend of mine and now she is Canada. He told me that my case is complicated and since I do not carry a legal status now, I have to apply in my home country and still stay here. I also got other opinions from other lawyers and they told me the same thing. I think they are probably telling me the truth because they could have just told me: go ahead and apply in Buffalo and after years of waiting, I would have my application denied.

 

[todiefor]

Is it possible that you apply in the US and your home country as well? I don't see any harm doing that and see which will go throught first. If the US application go first which I assume will be, withdraw your application from home country.

 

[MarceloS]

It is probably. However, I would have to pay 2 fees and it will cost a lot of money because I have to apply for myself and 2 dependents.

 

[GK]

If you file multiple applications, CIC in country A will see you have already applied via country B. You risk getting both applications rejected.

 

[NewYorker]

Yes, you can't apply from two places - Then apply from the home country, same lawer can prepare your application and also wait if something comes up in the US.

It may take years from your country, and you may get something here in the US by that time.