Overstayed in the US, can I get an FBI police clearance certificate?

[lamawang]

Hi all,

I am new here and this is my first post. I overstayed my F-1 visa in the US for 60 days in 2019, can I still get an FBI police clearance certificate for my future Canadian EE application? Looking forward to your reply.

Thanks.

 

[scylla]

Hi all,

I am new here and this is my first post. I overstayed my F-1 visa in the US for 60 days in 2019, can I still get an FBI police clearance certificate for my future Canadian EE application? Looking forward to your reply.

Thanks.

Yes, you can get one. It will be mandatory to get one as part of your EE application.

 

[lamawang]

Yes, you can get one. It will be mandatory to get one as part of your EE application.

Thanks for your quick response. Is overstaying a crime in the US? Will my overstay become a bad record on that certificate? I left the US voluntarily without any deportation/removal order.

 

[lamawang]

You will know it when you apply for your PCC.

Hi, if the record of my overstay pops up on the PCC, will the application be rejected?

 

[scylla]

Thanks for your quick response. Is overstaying a crime in the US? Will my overstay become a bad record on that certificate? I left the US voluntarily without any deportation/removal order.

It's not a crime.

As long as you are honest about your immigration history in your EE application, it won't be a problem. You'll only have issues if you try to cover up past immigration history.

 

[lamawang]

It's not a crime.

As long as you are honest about your immigration history in your EE application, it won't be a problem. You'll only have issues if you try to cover up past immigration history.

I will never withhold or cheat on anything in my application documents.

Will the overstay record show up in the PCC? I did some research on the FBI PCC, and found that the FBI PCC seems to only concern the "arrest data". If I never got arrested anytime anywhere in the US, does it mean that my FBI PCC will be clean?

 

[Alysson]

I will never withhold or cheat on anything in my application documents.

Will the overstay record show up in the PCC? I did some research on the FBI PCC, and found that the FBI PCC seems to only concern the "arrest data". If I never got arrested anytime anywhere in the US, does it mean that my FBI PCC will be clean?

I was found inadmissible at the border and sent back and they classified this as an arrest at the PCC. You will just have to inform them of this. Even if the PCC has nothing listed, you will still need to inform them when you apply. I’m still in process, but from what I was told, being deported or overstaying a visa won’t harm your chances for a PR, you will just have a difficult time getting a TRV.

 

[frankfz]

in my opinion it shouldn't show up in your PCC. USCIS and ICE oversee immigration, not FBI/police department.

 

[zac0999]

a) overstay isn't reflected on FBI certificate.
b) overstay will be shown on your background check result after ITA so be honest with it.

 

[Deleted member 1006777]

I was found inadmissible at the border and sent back and they classified this as an arrest at the PCC. You will just have to inform them of this. Even if the PCC has nothing listed, you will still need to inform them when you apply. I’m still in process, but from what I was told, being deported or overstaying a visa won’t harm your chances for a PR, you will just have a difficult time getting a TRV.

Where did you inform them of this in your PR application?

 

[Alysson]

Where did you inform them of this in your PR application?

I checked the part asking if I was refused admission or ordered to leave. Not sure where an overstay would go though.

 

[Deleted member 1006777]

I checked the part asking if I was refused admission or ordered to leave. Not sure where an overstay would go though.

Yeah this is an interesting discussion. I was stuck in the US because all flights to my home country were cancelled. Wonder how that will play out in the background checks.

 

[lamawang]

Yeah this is an interesting discussion. I was stuck in the US because all flights to my home country were cancelled. Wonder how that will play out in the background checks.

Hi, mushymush, thanks for participating in this discussion. I saw that your CRS is 521, does this mean that you already have a valid LMIA? Thanks.

 

[Deleted member 1006777]

Hi, mushymush, thanks for participating in this discussion. I saw that your CRS is 521, does this mean that you already have a valid LMIA? Thanks.

No, my CRS is because of french and english scores. French is actually the anti-LMIA because if you have a job offer, you'd be LMIA exempt.

 

[franaco027]

would your application be refused cuz you overstayed in US?