Overstayed in USA, can I get Canadian GC?

[slim215]

Hi all,
I'm currently legal in USA and I have sent my provincial nominee application to Alberta immigration last month. Assuming I got my provincial nominee approved and by the time I start the process with CIC, I have overstayed in the US, is this going to affect my application? Does CIC or visa office in Buffalo, where I have to go for an interview, will look at whether I'm always legal in US?

Thx.

 

[V]

Have you been legal in the US for at least a year? If so then I think you should be ok.

I am not an expert, this is just my opinion.

Good luck

V

 

[slim215]

HI V,
What makes you saying that? I know you are not an expert, but there must be a reason why you saying that if I'm legal for at least one year (which I am) then I'm OK. What I was thinking if whether the immigration officer will ask about what is our current legal status and if they discovered that I'm overstaying my visa then they will reject my canadian PR application.

 

[slim215]

Just to clarify: my question is specifically related to the interview session in Buffalo not in regards to the process in general.

 

[Albertagoverner]

Hi all,
I'm currently legal in USA and I have sent my provincial nominee application to Alberta immigration last month. Assuming I got my provincial nominee approved and by the time I start the process with CIC, I have overstayed in the US, is this going to affect my application? Does CIC or visa office in Buffalo, where I have to go for an interview, will look at whether I'm always legal in US?

Thx.

Dear Slim215:

Do not represent you case, let any lawyer repesent your case because they need a convincing explanation. and I have seen some cases where totally illegal Mexican who crossed the border and were living in Michigan for 7 years and Canada gave them greencard. Atleast you have a passport and a expired visa and I 94! Go to some good and lawyers in Toronto and New york area or google it and find one. You will be fine.

 

[slim215]

Hi Albertagoverner,
I will definitely consider your input. But, at this point, I'm hoping if someone (who is overstayed in USA) could share their stories when they applied for canadian PR in general and more specifically when they went for an interview at visa office in Buffalo. If our immigration status in the US is not at anytime is a factor to our application, then, hiring a lawyer may not even required.

 

[Albertagoverner]

You can not compare the significance of lawyer with your Current Status. Lawyer is definitely significant component in whole process. Some times while your US your H1 Visa (First petition not transfer) is in process and F1 has expired So, Candidate start feeling that he is overstaying since F1 expiration date is over. But if you have good lawyer in that situation he can explain the things accordingly.
Few points need to be considered:

1. As a straight Answer definitely NO. You can't be a PR Resident in Canada in if have no status in United States which is over stay, I assume that your I 94 has expired.

2. But on basis of past experience. If you have maintained status during regular duration, paid all taxes, have no criminal record There are chances of getting Permanent resident visa. Where you will have to demonstrate your intention as bonafide and probably leave United States right away and apply from Home Country which is much assuring.

3. Also the overstay itself has several intentions and that's where you need a experienced lawyer who can assist you.

4. If at the time when your visa expired any petition whether H1 or any other change of status was in process, chances could be bit more positive.

 

[Albertagoverner]

You can not compare the significance of lawyer with your Current Status. Lawyer is definitely significant component in whole process. Some times while your US your H1 Visa (First petition not transfer) is in process and F1 has expired So, Candidate start feeling that he is overstaying since F1 expiration date is over. But if you have good lawyer in that situation he can explain the things accordingly.
Few points need to be considered:

1. As a straight Answer definitely NO. You can't be a PR Resident in Canada in if have no status in United States which is over stay, I assume that your I 94 has expired.

2. But on basis of past experience. If you have maintained status during regular duration, paid all taxes, have no criminal record There are chances of getting Permanent resident visa. Where you will have to demonstrate your intention as bonafide and probably leave United States right away and apply from Home Country which is much assuring.

3. Also the overstay itself has several intentions and that's where you need a experienced lawyer who can assist you.

4. If at the time when your visa expired any petition whether H1 or any other change of status was in process, chances could be bit more positive.

Why Not do something to make your US Status legal then everything will be straight. FSW is nothing but a PR visa application. Anybody can apply if he secures 67 points and can have it processed at Buffalo Consulate if legal in United States, Simple Murphy's law!!

Talk to some agencies, Institutions, Private Colleges, Language institutes about various admission process, programs etc.
Gather some information about other Non-immigrant visas like J1, F1, Q1 or M1. Go back to Home country and come with any of these visas for at least 12-18 months. and apply for FSW application at Buffalo with New Valid status.

You still need a lawyer because while you will go for visa interview at consulate in home country for these visa they will ask Why did you overstay last time? But Since you are in Home Country and admitting that you overstayed for some reason so in the eye of Visa Officer at Consulate in Home Country, Your Candidacy will be more Geunine and somehow subject to forgive at Consular Officer's Discretion. If you have good reason to explain regarding overstay or explantion drafted by talented, experienced lawyer in Home country.

 

[slim215]

Hi Albertagoverner,
I'm currently an H1B holder and I applied through Alberta provincial nominee program special for H1B holder. This is a new program that seems only Alberta has it. It should be much faster than federal or any other provincial nominee program. I'm still legal in the US, but, by the time my application reach the time when I had to go for an interview in Buffalo by the end of 2009 (this assuming they work according to the timeline) or if they call me up in 2010, I may have been out of status by then.

I could find ways to make me not unlawfully present in US but every options need money which I don't have. I could transfer to be F1 student, but then I have to be a full time student taking at least 9 credits which, depending on the school, I may have to spend $5K or more and if I don't work, how come I pay for my school? Or maybe transfer to tourist visa (and spend money for lawyer), but it will be just for 1 year max if not maybe less than that and who knows even if USCIS approved my transfer of status to B2, my application with Canada still not finished yet. Of course, I could just go back to my home country, but, I don't have any place to stay there. If I'm single, I probably can call up one of my friend and have them let me just sleep at their living room, but, with wife and 2 yr old son, it will be a challange to go back to my home country without a place to stay. That said, I don't need to decide what I should do by today, I'm just gathering info so that I can make proper decision.

 

[Albertagoverner]

Hi Albertagoverner,
I'm currently an H1B holder and I applied through Alberta provincial nominee program special for H1B holder. This is a new program that seems only Alberta has it. It should be much faster than federal or any other provincial nominee program. I'm still legal in the US, but, by the time my application reach the time when I had to go for an interview in Buffalo by the end of 2009 (this assuming they work according to the timeline) or if they call me up in 2010, I may have been out of status by then.

I could find ways to make me not unlawfully present in US but every options need money which I don't have. I could transfer to be F1 student, but then I have to be a full time student taking at least 9 credits which, depending on the school, I may have to spend $5K or more and if I don't work, how come I pay for my school? Or maybe transfer to tourist visa (and spend money for lawyer), but it will be just for 1 year max if not maybe less than that and who knows even if USCIS approved my transfer of status to B2, my application with Canada still not finished yet. Of course, I could just go back to my home country, but, I don't have any place to stay there. If I'm single, I probably can call up one of my friend and have them let me just sleep at their living room, but, with wife and 2 yr old son, it will be a challange to go back to my home country without a place to stay. That said, I don't need to decide what I should do by today, I'm just gathering info so that I can make proper decision.

Dear Slim215:
First of all, Break the situation into small parts. You said by the time they will call you for interview in January 2010 you will be out of status right!

Solution No. 1 You will get your PNP Certificate here by the end of 2009 and apply for CIC process at Buffalo and and leave United States. They always email if they need anything. Let's say you are from UK and you left US after application to Buffalo CIC New York. And In January 2010, they requested interview, so they will have your email address as well which you can check anywhere in world. Eventually, At the discretion of Buffalo, Consular Officer they will arrange the interview at Home Country Canadian Consulate in London, England.

Solution No 2. And In case if you desperately wanna stay here then apply for F1 Conversion as student to those Universities who offer CPT from Day first or may be just after 1-2 semester. CPT will allow you to work for any employer. But for getting I-20 you will have to show proof of funds to school and USCIS that's where you need to be tricky. Just talk to friends, relatives to transfer some funds in Bank account for a while to show some entries.

Find out the cheapest Universities with cheapest per credit hour tution fees, some are in State of Florida. The student advisor will also help you in that case.

Some Universities have "Tution Waiver" program under which if you have required score in GMAT and TOEFL they will waive you entire tution fees and you just have to think about living expense.

Some are ;

University of Northern Arizona
Dallas Baptist University
Brea College Kentucky

Make sure while you select the Program (Bachelor or Masters) Do not select the high demnd programs like MBA or Masters in Computer science. Select those boring or less competitive programs like Masters of Library Science. Because your goal is to get F1 and stay legally till you get canadian green card.

 

[mitzi]

CIC do not care about your legal status in the US. As long as you qualify in their program and pass the requirements. The issue of overstaying will arise when you want to go back to US after departing from the legal ports/channels. Immigration will know you over stayed and that could be a problem. But you have your PR anyways There is no harm in trying. Goodluck.

 

[slim215]

Hi Albertagoverner,
Thanks for your info. I will look into it. Much appreciated!

Hi Mitzi,
I'm aware that overstaying issue will arise when I want to go back to US. That's not my concern. Once I'm settled in Canada, I don't think I need to go back to US especially with overstaying issue on my back. That said, I don't think it's worth it to even try or at least if I want to try, it will be after the ban period is over (if I ever banned). My concern is with CIC. Either with the on going application process or with the interview session in Buffalo. Is what you said based on your (or someone you know) personal experience?

 

[slim215]

Solution no. 3 could change my game plan!! Thx for this valuable info Albertagoverner!!
One question though: when you said that "....while CIC is processing your application at Buffalo, New York" does this mean that at some point I need to fly to CIC office in Buffalo (for interview, etc)??
If I get Alberta PNP certificate by mid 2009, I will still lawfully present in the US and therefore, overstaying is not an issue at all.

 

[Albertagoverner]

Solution no. 3 could change my game plan!! Thx for this valuable info Albertagoverner!!
One question though: when you said that "....while CIC is processing your application at Buffalo, New York" does this mean that at some point I need to fly to CIC office in Buffalo (for interview, etc)??

There are possibility of two interviews in whole proces:

One for the work permit, which will happen after PNP certificate, to get work permit.
Second for permanent resident visa.


Definitely work permit interview might happen at any of canadian consulates: detroit, washington, DC, seattle etc.

and after 6-9 months while your CIC process for PR Visa will be approved you might have to get Visa stamped at any Canadian consulate abroad including home country.

 

[slim215]

Albertagoverner ,
I believe not every Canadian embassy/consulate in every country can handle PR interview. I think I saw list of which consulate can handle the interview, but, I got your point that it doesn't have to be in Buffalo.

Could you direct me to where can I find more info about applying for work visa once I get the PNP certificate? Can I find this info at CIC web?