Out of status in the US

[Mike 416]

Hello I hope someone has a similar experience or someone who knows the answer to my question. I am enrolled in a certificate course in Vancouver all my documents are ready and legit
however on the personal information form i did declare that i went on the US in 2006 and still here after four years without having a legal status. would this put my student permit application
be in peril ?

 

[Leon]

Yes, that could be a problem. How do you convince Canada immigration that you will not overstay your student visa if you overstayed in the US for 4 years?

 

[tolzy]

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!!!

 

[scylla]

tolzy -

1) You can apply from the US, but as Leon has said, I think the odds are very much against you.

2) How old are you right now? Is your home country a visa exempt country (i.e. can you enter Canada on just a passport from your home country)?

3) Once again, are you from a visa exempt country? If not, then you'll need a visit visa to enter Canada and will face the same challenges as with the study permit.

4) Apart from marrying a Canadian, this might end up being your most feasible option.

 

[Obeid_oo]

Hi,

I agree with scylla, the odds are very much against you.It would be better to get your status legalized in the US first and then try for CANADA

 

[tolzy]

Scylla, Obeid_oo:
Thank you both for your response.

Scylla,
I'm almost 28 years of age and unfortunately, my home country is not a visa exempt country - I need a visa to enter Canada.

You mentioned facing the same slim chances should I choose to apply for a visit visa. At this point I'd like to know if applying for either visa (student/visitor) from my home country would increase my chances for approval.

Unfortunately, Option 4 is not a feasible one for me.

Obeid_oo:
I've tried legalizing my status in the U.S. to no avail. Turns out this problem is not uncommon in this forum... From what I've read, several forum members are considering Canada specifically due to the inherent difficulties of legalizing in the U.S.

Thanks again!

 

[scylla]

tolzy -

The reason why I asked about your age is that I was hoping you were 18 or under 18. I'm sure you're aware that you're going to trigger a ten year ban from the US as soon as you leave the US. If you had been under 18 or 18, then you might have been able to avoid this. However unfortunately it's too late now. Do you still have family in the US? How will you be impacted if you have a 10 year ban? (This may be something to consider if you haven't thought about it already.)

Since you are from a non-visa exempt country, I think it's going to be next to impossible to obtain a visitor visa from the US since you have no legal status in the US. Similar to a study permit, with a visitor visa you have to show strong ties to your home country and prove that you will return once the visa has expired. I just don't see Canadian officials buying that given your status in the US.

You could certainly apply for a visit or study visa from your home country. However can you show strong ties to that location? Strong ties are things such as family, bank accounts, property, a job, etc. Also, the fact that you have been living in the US for such a long time without status will certainly work against you.

I think you're going to face very significant obstacles regardless of whether you apply from the US or from your home country.

Sorry...

As for your status in the US, I think the only way you can adjust it is through marriage to a US green card holder or citizen. Or if there's a very drastic change to US immigration laws (which doesn't look like it's coming anytime soon).