Overstayed in USA - should i apply FSW ?

[warhound]

Hi,

So i have been in USA for a very very long time. First as a dependant, then student, then spouse of US citizen. Our marriage did not work out and I could never get my green card. While I waited for our marriage to normalize (hoping to eventualy get my GC) I had overstayed. I left USA after it was evident that things wouldnt get better and applied to Canada as a student (Manitoba PNP) from India.

I had worked in USA for sometime and had filed my taxes with IRS without having proper authorization to work. I was given only a 1 year work permit while my GC card was pending with immigration but eventually worked 5-6 years filing. I kept filing taxes as self employed

Now that the FSW program is opening in Canada, do you think its wise to apply in that stream ? I have work exp proof I have my college degree from NY as well as my tax returns + employer letter if need be. Would my immigration status while there be brought up ?

Is it better to just ignore the FSW stream.. and focus on Manitoba PNP when i graduate ? please advise

 

[wilson]

Success in FSWP is based on your eligibility. Your overstay in USA will not be an impediment for FSWP. You should get FBI clearance to submit application.

 

[warhound]

If i have successfully entered Canada on a student visa, is it safe to assume I have FBI clearance ?

 

[scylla]

If i have successfully entered Canada on a student visa, is it safe to assume I have FBI clearance ?

Being an overstay in the US won't create problems on your FBI cert. Any crimes in the US (including DUIs), will create problems.

 

[amikety]

If i have successfully entered Canada on a student visa, is it safe to assume I have FBI clearance ?

FBI clearance in this case means "police check" or "background check." It's a piece of paper stating your record with the FBI or lack thereof if you don't have one. It's not some type of security clearance

 

[islandbabe]

Warhound, Have you done IELTS yet, if not do immediately, have you sent your degrees for assessment ? If not send them now.

Hi,

So i have been in USA for a very very long time. First as a dependant, then student, then spouse of US citizen. Our marriage did not work out and I could never get my green card. While I waited for our marriage to normalize (hoping to eventualy get my GC) I had overstayed. I left USA after it was evident that things wouldnt get better and applied to Canada as a student (Manitoba PNP) from India.

I had worked in USA for sometime and had filed my taxes with IRS without having proper authorization to work. I was given only a 1 year work permit while my GC card was pending with immigration but eventually worked 5-6 years filing. I kept filing taxes as self employed

Now that the FSW program is opening in Canada, do you think its wise to apply in that stream ? I have work exp proof I have my college degree from NY as well as my tax returns + employer letter if need be. Would my immigration status while there be brought up ?

Is it better to just ignore the FSW stream.. and focus on Manitoba PNP when i graduate ? please advise

 

[muscattocanada]

If i have successfully entered Canada on a student visa, is it safe to assume I have FBI clearance ?

I think you can enter Canada on a student visa , but when you apply for PR after that you need to have police clearence from US and India ....

 

[msaeed]

Hi,

So i have been in USA for a very very long time. First as a dependant, then student, then spouse of US citizen. Our marriage did not work out and I could never get my green card. While I waited for our marriage to normalize (hoping to eventualy get my GC) I had overstayed. I left USA after it was evident that things wouldnt get better and applied to Canada as a student (Manitoba PNP) from India.

I had worked in USA for sometime and had filed my taxes with IRS without having proper authorization to work. I was given only a 1 year work permit while my GC card was pending with immigration but eventually worked 5-6 years filing. I kept filing taxes as self employed

Now that the FSW program is opening in Canada, do you think its wise to apply in that stream ? I have work exp proof I have my college degree from NY as well as my tax returns + employer letter if need be. Would my immigration status while there be brought up ?

Is it better to just ignore the FSW stream.. and focus on Manitoba PNP when i graduate ? please advise

Sir

Apply for FSWP , they have to check your criminality background , and will take time

 

[warhound]

I have been advised by an immigration agent/lawyer that mentioning work in the USA will open a can of worms as i'll be asked for my work authorization / visa etc etc which I wont be able to provide unnecsarily complicating things for me.

Can anyone confirm if true ?

Ive been advised to stick with college and apply PNP - manitoba stream when I graduate.

 

[amikety]

I may be mistaken, because I'm not the most familiar with PNP - but I thought you had to declare your background on the PNP application, including your work in the USA. I'm pretty sure the forms ask everywhere you've lived for more than 6 months since you turned 18. (They did update forms since I filled mine out, but I'm fairly certain that part stayed.)

Not only that, but the Canadian and American border services share information. CIC may be able to find out about your USA work visa without you telling them. Then you left it out of the application and that will make them angry....

No matter which route you pick, I think it's best you plan to declare the USA work and supply copies of your work permits, etc.

 

[warhound]

Dear Amikety,

I appreciate your quick response.

When you apply for a student visa to Canada, you are asked to list countries you have been living in + if working (duration + title etc). You are not required to submit valid visas / authorizations etc. IRS does not share information with US Immigration so if you are filing taxes, its not in their system to check.

What im being told is that if I get a offer from a employer (LMO) the Canadian immigration will want to verify 2 years of employment, which is a requirement for LMO and that they will do so by asking for for documentation which would eventually lead to me not being able to produce H-1B visa or work authorizations, thereby unnecessarily complicating my process.

If i go the student Manitoba -PNP way, I will not be claiming past experience but will depend on current work (After graduation) in Manitoba to file for my PNP, hence completely ignore my history in USA.

I guess what Im trying to as is if filing for FSW (with LMO - hence no cap) will indeed have canadian government asking for valid work visas/ authorizations in US or will they be satisfied with employer letter and IRS tax returns.