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

[ClarkeS]

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.

It's only necessary to explain to Canada about the reason for the overstay if the status you are applying for is temporary - such as a student visa. Since you've overstayed in a previous country, Canada will be concerned that you will overstay a second time. However, if you apply for Permanent Residence there that is a permanent status that you can't 'overstay' so an explanation is not necessary.

 

[mike2236]

How can you get a pr in Canada when you can’t even get a study permit or work permit?

There are many pathways ... one of which is the direct federal EE pathway which does not require a study permit nor work permit unless the rules have recently changed.

 

[mike2236]

How many points you think he’s gonna get in express entry? With no Canadian degrees, Canadian work experience, or arranged employment?

I don't know but the OP can simply check ... which is the reason I say if the OP qualifies.

 

[canuck_in_uk]

How can you get a pr in Canada when you can’t even get a study permit or work permit?

Many people who don't qualify for study/work permits get PR. Temporary vs. PR apps have completely different requirements.

 

[canuck_in_uk]

How many points you think he’s gonna get in express entry? With no Canadian degrees, Canadian work experience, or arranged employment?

It is entirely possible to qualify with a combination of foreign advanced education, skilled work experience, high language scores etc.

 

[mike2236]

exactly.
I guess op should know that qualifying for express entry does not mean you will be granted a permanent residency, and you are competing with thousands of people at the moment with most likely higher crs score.

I feel like you guys are giving OP some sense of false hope.

I didn't finish my sentence but as I said in a previous post "if the OP qualifies and is invited to apply.

 

[mike2236]

that will put you most likely in upper 300s. So no pr. Unless OP has a some really good foreign work experience in a job. He might have chance to get picked as pnp. But with the amount of people applying at the moment and I just don’t see a viable option for a pr

Your CRS score is subjective as you don't know the OP details. I just ran the calculator for a couple with no Canadian experience or Canadian education and the score comes up to 494. So as you can see the OP should run the calculator and see what score they comes in at. Depending on the score then the OP can see ways to possibly improve their score. Granted there is the possibility that the score can be in the lower 300s depending on the OP circumstances.

 

[canuck_in_uk]

that will put you most likely in upper 300s. So no pr. Unless OP has a some really good foreign work experience in a job. He might have chance to get picked as pnp. But with the amount of people applying at the moment and I just don’t see a viable option for a pr

I suggest you review the CRS breakdown. A 30 year old with a Masters, 3 years of skilled work experience and top language scores scores high enough to get an ITA right now.

 

[mike2236]

Your score is subjective too.

Yes it is but I just want to show that it's possible depending on the OP circumstances.

 

[mike2236]

The advice to the OP is to run the CRS calculator on IRCC website and see where you comes in based on your circumstances.

https://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

 

[mike2236]

He would probably have to get a 12 on CELPIP, do you know how hard that is? Even some native speakers can’t get that score.

yes he should run the crs calculator, but I’m trying to be more realistic.

Nothing is easy but where there is a will then there is a way - study and it's not impossible.

I'm a native English speaker and I didn't get the highest score so I know that it's not easy but that is in the OP control as they can do it multiple times. Also the highest on the IELTS is not required.

 

[mike2236]

What do you mean the highest on IELTSis not required? He needs points if he has zero Canadian experience or education. He needs to score as high as possible to get. Some points

Check the points allocation for IELTS score range per CIIC.

 

[canuck_in_uk]

Your score is subjective as well, your argument is invalid

??

My argument is perfectly valid. Your statement:

that will put you most likely in upper 300s. So no pr. Unless OP has a some really good foreign work experience in a job. He might have chance to get picked as pnp. But with the amount of people applying at the moment and I just don’t see a viable option for a pr

That is clearly not valid, as evidenced by a simple exercise with the CRS tool and the MANY people that qualify under FSW with zero Canadian education, zero Canadian work experience, no Canadian job offer and no provincial nomination.

 

[zabrodov]

that will put you most likely in upper 300s. So no pr. Unless OP has a some really good foreign work experience in a job. He might have chance to get picked as pnp. But with the amount of people applying at the moment and I just don’t see a viable option for a pr

That's not true. As many have already pointed out, you can get enough points with foreign credentials and no job offer

That is clearly not valid, as evidenced by a simple exercise with the CRS tool and the MANY people that qualify under FSW with zero Canadian education, zero Canadian work experience, no Canadian job offer and no provincial nomination.

I am one of those
No Canadian education, no job offer, no PNP and I also didn't claim 3+ years of experience. I claimed points for 1 year only as it was enough.

 

[Vicky0610]

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.

Hello Thank you and every one for your reply,

Here are some more update about my case : We feel that in USA we can not get permanent residency or status, so we are trying to moved to Canada for permanent solution. We research the options and found below :
Apply for owners/ Operator LMIA --> Work Permit --> apply for Express entry for PR with LMIA 200 points .

We already applied to LMIA and waiting for result.

My main concern about at the time of applying work permit or EE , our out of status issue will be problem ?

Thank you for for your help.