Re: Out of status in the US (expert advice or similar experience requested)
Hello Mike,
Thanks for bringing up this prevalent "out of status in US" issue from a student perspective. I'm in a similar situation, perhaps worse. My parents brought me to the U.S. as a minor on a 6-month visitor's visa approximately 13 years ago. I've been out of status for over a decade.
I've applied to several universities in Canada, and thankfully, my strong academic record indicates a better than average possibility of acceptance. However, according to Leon, being granted a study permit given a U.S. overstay is slim, since the reasoning is that one's history would repeat itself: an overstay in the U.S. would equate to an overstay in Canada. Some suggest initiating the student permit application from one's home country (i.e. country of citizenship) or a country where one has some sort of legal status, however, would that make a difference? If the visa officer believes one may overstay in Canada given one's overstay in the U.S., does it really matter at which consulate one applies?
Then there's also the question of ties to one's home country. Out of status U.S. residents cannot claim ties to a country where they have no legal status, and they also cannot claim ties to their home country, where they haven't resided for a few years, or in my case, a decade or more (completed high school and university education in the States, have held jobs in the States, and my parents and siblings are still in the States - so I really have no ties to my home country).
I'm hoping many will jump in and contribute to this discussion, because I really want to pursue my studies in Canada and need to understand my chances of doing so:
- Should I (like Mike) apply for a study permit from the U.S., and then hope and pray for the best?
- Or take a risk and return to my home country (where Canadian consulate requirements for a student permit are drastrically different from that of the U.S), apply, and keep my fingers crossed?
- Or obtain acceptance to a short-term study program six months or less (student permit exception on the CIC website), enter Canada without a study permit, and then work on obtaining some sort of status?
- Or abandon the student permit route altogether and work towards an AEO (Arranged Employment Offer), FSW (Federal Skilled Worker), or PNP (Provincial Nominee Program)?
If anyone applied for a student permit from the States and was granted one despite a current U.S. overstay, please share your experiences so Mike and I can learn and move forward.
Mike,
If you do obtain the permit, please post an update for those of us in a similar situation.
This is a rather long post, so for those who made it all the way to the bottom, thanks for reading!!!