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Over stayed Temporary Non-immigrant USA working visa; apply for canada work visa

hyebel

Newbie
May 22, 2016
2
0
Hi fellows, this might be a repeated topic in this forum but may I ask your patience to share your idea about the subject that concern me.
I found an employer in canada who is willing to hire and petition me to work for their company. Can I apply for a work visa to canada without the need of going home to my country? If so, what should be the things I need to do? I over stayed my temporary work visa here in USA for more than a year. Thank you for your patience and kind advice..
 

scylla

VIP Member
Jun 8, 2010
96,021
22,229
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You should return to your home country and apply from there rather than applying from the US. Having no status in the US will make it extremely difficult, if not impossible, to be approved a work permit to Canada since this demonstrates you have abused visa privileges in another country and have made no effort to correct the situation. Applying from your home country and being able to demonstrate that you have at least some ties to that country (e.g. property, assets) will improve your chances of being approved. Ideally you should spend 6-8 months in your home country reestablishing ties before you apply for the work permit to Canada. Make sure you are honest about your US immigration history in your work permit application. The US and Canada share information and if you are not truthful, you can expect your application to be refused and to be issued a 5 year ban from Canada for misrepresentation.

Note that as soon as you leave the US this will automatically trigger a 10 year ban from that country (due to your overstay). So hopefully you have no plans on returning to the US anytime soon.

Good luck. You will have your work cut out for you getting an approved due to your US overstay. If you apply from the US, refusal is pretty much guaranteed. Returning home for several months is really the best (and only) option.