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overstayed in usa Applying for provincial nominee program in new brunswick canad

daduu

Newbie
Oct 30, 2013
5
0
everyone
I'm working in canada since march 2013 using work permit. I'm eligible now to apply for provincial nominee program here.

My problem is that I was in the USA between the years 2006-2010. I entered as a tourist and after 6 months I tried to switch to students and my application was refused! Then my wife was pregnant and we couldn't travel back home until we had the baby. Then We went back home by ourselves with no problems or deportation in usa and our criminal records is clear.

My question is :
In our application here in canada we have to write what was our status and activities between 2006 -2010 and we don't know what to do with this section as if the application is refused it's will be a final And no appeal on it. (No appeal on provencial nominee application decision)!!

Does the usa matter will affect my Canadian appreciate??

What should I write on this section of my app?!

I appreciate your help as we all ready here and my kids at school and we don't want to screw up every thing after all what we pass so far.
Thanks
 

scylla

VIP Member
Jun 8, 2010
95,651
21,983
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 need to say that you were out of status in the US for the period where you were in the US illegally. Having been in the US illegally will not prevent you from getting PR. The only thing that will prevent you from getting PR is if you lie in your application and say you had status in the US the entire time. If you do this and CIC finds out, your application will be refused and you will be issued a 5 year ban from Canada (keep in mind that Canada and the US share records extensively). So as long as your honest about the period of your illegal stay in the US - you'll be fine.
 

daduu

Newbie
Oct 30, 2013
5
0
Thank you for your response.

The point that make me worry that it's not the PR app! it's provencial nominee application. And they said on the app paper that in case of they denied the app I can't appeal and I can't apply again not before 2 years!!

And 1 more thing, 4 months ago I went to the USA border to make finger print (as someone told me that I can do finger print there for my criminal record) and the officer took my passport (same old passport that I used it in the us) and I asked him if my B1B2 visa still valid, he checked on the system and said yes it's still valid and I can use it till August 2015. But I didn't pass the border and I didn't do the finger print.

So I am not thinking to lie on my paper but I'm looking for a way to do the best I can to prevent any case of will have to stop everything and leave canada with my family after all this time and all this expenses!! Specially that I have no other problem in my app and everything is clean completed!

So do you think that I have to go to a lawyer who is specialized in such cases for a consultation on how to make it out with no risk?!
please help me with that! !
Thanks
 

daduu

Newbie
Oct 30, 2013
5
0
Hi
If somebody had a similar situation, can you please share the story with us here?

Thanks