Over stay in USA on L1 visa, Applying for express entry

[Vicky0610]

Hello ,

I am currently in USA , Myself and my family (wife and 2 kids age 13 &18) came to USA on L1A and L2 visa.

My L1 visa extension denied / expired. Before L1 visa expired we applied for student visa for my wife to be in legal status in USA. As per the US immigration lawyer " we are out of status as of now. I can not go back to home country (India) now because of kids study and other reason.

To make our self safe and legal we are trying to get Canada PR.

Is there any problem getting express entry if I am currently our of status in USA.

Please help us in worried situation.

Thanks in advance

 

[nichols19jere]

Better try those option getting a Candian PR. Or ask legal advice on what to do with your situation from a local immigration lawyer.

 

[reddermorel]

Hello ,

I am currently in USA , Myself and my family (wife and 2 kids age 13 &18) came to USA on L1A and L2 visa.

My L1 visa extension denied / expired. Before L1 visa expired we applied for student visa for my wife to be in legal status in USA. As per the US immigration lawyer " we are out of status as of now. I can not go back to home country (India) now because of kids study and other reason.

To make our self safe and legal we are trying to get Canada PR.

Is there any problem getting express entry if I am currently our of status in USA.

Please help us in worried situation.

Thanks in advance

You should speak to an immigration lawyer.
But if you have overstayed your visa, would you be able to get the required docs (PCCs)? US residents require the FBI file.
Also, you'll have to declare your overstay. I think it is in the statutory questions.

Maybe an option to consider would be to apply from India.

 

[Jesubaby]

Hello ,

I am currently in USA , Myself and my family (wife and 2 kids age 13 &18) came to USA on L1A and L2 visa.

My L1 visa extension denied / expired. Before L1 visa expired we applied for student visa for my wife to be in legal status in USA. As per the US immigration lawyer " we are out of status as of now. I can not go back to home country (India) now because of kids study and other reason.

To make our self safe and legal we are trying to get Canada PR.

Is there any problem getting express entry if I am currently our of status in USA.

Please help us in worried situation.

Thanks in advance

I think you will be just fine applying for Canadian PR in the United States, no need to panic. I advise you start your research on the required steps for the application right away, also search this topic in the forums: removal proceedings in America. The posts there will encourage you as you will read about people with worst cases and they are now successful pr holders. You will be fine and as regards the FBI requirement (finger prints for applicants who reside in the US) fear not, it has nothing to do with your immigration status, it is for criminal background check. Remember as far as you remain truthful about your status in the statutory questions, you will be fine. I wish you the very best.

 

[scylla]

Hello ,

I am currently in USA , Myself and my family (wife and 2 kids age 13 &18) came to USA on L1A and L2 visa.

My L1 visa extension denied / expired. Before L1 visa expired we applied for student visa for my wife to be in legal status in USA. As per the US immigration lawyer " we are out of status as of now. I can not go back to home country (India) now because of kids study and other reason.

To make our self safe and legal we are trying to get Canada PR.

Is there any problem getting express entry if I am currently our of status in USA.

Please help us in worried situation.

Thanks in advance

Yes - you can apply for Express Entry without status in the US. Make sure you are 100% honest about your immigration history in your application. Note that you must all have valid passports in order to successfully apply.

 

[scylla]

I don’t think you could. If you build an express entry profile your score would be probably be zero without any arranged employment, job offer, having any Canadian credentials, Canadian work experience, English exams, etc

See if your wife can apply for a study permit in Canada since she has a status and has a better possibility to transfer to a college over here. It is very expensive though to study in Canada as some provinces will charge international students three times the amount of tuition compared to a domestic students, and you will have show proof of funds in your study permit application to support your stay.

As for you, you can try to apply to a study permit as well if you have some post secondary education, and see if a university will take your credits and transfer them. You would also have to explain to CIC why you overstayed your visa in the U.S. and tell them to consider your case in compassionate grounds in a letter of explanation most likely.

After you finish your studies you can apply for an open work permit and gain some work experience in Canada and then jump in the express entry pool and hope you have high score to get picked in a draw.

Study permit in Canada is not an option. It will be refused since they don't have valid status in the US. Applying to immigrate is the only option.

 

[navinball]

Your score won't crack 400, so EE is impossible without job offer. Would suggest just continue staying in usa and never ever leave, highly doubt they will come after you.

 

[Jesubaby]

He has to explain to cic why he overstayed with a valid reason, or else cic will refuse any application. I was in a similar situation he is in. And you gotta start from scratch. I.e: study permit or go back to India and try to get a closed work permit.

do you really think CIC will hand you a pr after you overstayed in America? With all the thousands of people currently waiting in line?

He did not say anything about study permit in Canada, he is just trying to find out about pr option which is the best route for him now considering his status.

 

[scylla]

Dude, I was out of status in the U.S. and they granted me a study permit after I explained in details why I overstayed. He has to convince CIC in a Letter of explanation that he over stayed because of his kids etc. And have some cash to support himself and pay tuition.

You are very lucky. That is extremely unusual. No status is typically an automatic denial.

 

[canuck78]

I had to apply twice, the first time it was refused. So a lawyer told me to write a Letter of explanation and then reapplied and got my study permit.
I was truthful, gave them a valid reason as to why I overstayed. Not just “oh I just did it because I didn’t know” showed them my interest in immigrating to Canada and Canadian culture and save up some money.

You still got lucky. Many visa officers would have still denied your application.

Have you taken IELTS? Have you looked at your CRS score? Express entry may not be a possibility.

 

[canuck_in_uk]

He has to explain to cic why he overstayed with a valid reason, or else cic will refuse any application. I was in a similar situation he is in. And you gotta start from scratch. I.e: study permit or go back to India and try to get a closed work permit.

do you really think CIC will hand you a pr after you overstayed in America? With all the thousands of people currently waiting in line?

OP does not need a "valid reason" for the overstay. As long as the overstay is fully declared, it is not a reason for refusal.

 

[ClarkeS]

I am a Visa overstay in the US. I currently have DACA, so I do have some status. I was upfront with my status during my application, and received PPR a few weeks ago.

 

[mike2236]

Being in the USA illegally (without status) is not an automatic denial by CIIC. My spouse was in the US without status but we were approved - granted she was the dependent on the application. However I’ve read on this forum where people was out of status in the US and was the PA and their application was approved by CIIC. You need to be upfront and don’t try to conceal any facts - be truthful. With that said, if you qualify and gets the necessary points to get invited to apply then go for it.
As for the FBI report - you don’t need to be in status to get that report. You can choose to do your fingerprints yourself and send it in to the FBI or you can use some local third party which reduces your chances that the FBI will reject your fingerprints as not meeting their standard of quality.
All the best.

 

[mike2236]

Yes he does. He broke the law. And will most likely face a ten year ban in the U.S. if he gets caught by ICE or self deports himself back to India. You can’t ask CIC to let you stay in Canada when you just overstayed your visa in America. Both agencies work closely together. He needs to explain to CIC why he did it in order for them to consider whatever route he chooses to come here.

For PR purposes, OP might need to provide a reason for the out of status (valid reason is subjective). If OP applies for a visa other than PR then the reason for overstay becomes critical for approval (needs to convince officer).

Now we don't know the overstay period by the OP in the USA ... only overstay over a certain period is the 10 year ban. However, we have applied for PR in Canada and my spouse was subjected to the 10 year bar in the USA and her application was still approved. Now CIIC may look at each application on a case-by-case basis but if the OP only issue in the USA is overstay and qualifies for PR in Canada then the OP chances of approval increases.

 

[canuck_in_uk]

Yes he does. He broke the law. And will most likely face a ten year ban in the U.S. if he gets caught by ICE or self deports himself back to India. You can’t ask CIC to let you stay in Canada when you just overstayed your visa in America. Both agencies work closely together. He needs to explain to CIC why he did it in order for them to consider whatever route he chooses to come here.

No, he doesn't. An overstay is an issue for temporary residency apps (visitor, student, worker). However, provided it is fully declared, it is NOT a reason for refusal in a PR app, as PRs cannot overstay. The reason for overstaying doesn't matter. This has been well proven already.