Overstayed US visa, want to apply for Canadian student visa

[NashonB]

Hi, Hopefully you guys can shine a light to my predicament. My sister went to the US when she was 11 with a tourist visa, unfortunately, she overstayed for more than 10 years, and she left before she could be deported. She's since been back our home country for 6 years now. she recently tried applying for a US tourist visa again and was denied due to the overstaying previously.
My question is, will this hinder her attempt to enter Canada, either by tourist visa or student. what are her chances of getting either one granted?

Desperately looking for answers.

Thanks

 

[Bs65]

Well the fact that she first overstayed by a considerable time plus she was refused a US tourist visa I would say the odds are slim given the answer to question have you ever been refused a visa to any country would be YES. Then again this is only a forum not CIC so can only apply with honest answers and see what happens as every case is different but a 10 year overstay . The only factor might be she was a minor for the majority of the overstay so not in her control to leave the US but as said this forum is not CIC so maybe attach an explanation letter to any application.

 

[NashonB]

Thank you. I thought as much, but she's really keen on going, so I thought I'd ask. So if she hadn't asked for a US visa recently then her chances would be better you think? So the student visa is most likely out the question yes?

 

[scylla]

Her chances of obtaining a study permit to Canada are on the low side - but she can certainly try. She will need to declare her recent US visa refusal (she shouldn't have applied - she's banned from the US for ten years since the day she left and has to wait another four years before she has any hope of qualifying for a US visa). Note that the US and Canada share information extensively. If she applies, make sure she does not lie on her application and exclude the US refusal. If she does that, count on this being caught - and then she'll have a 5 year ban from Canada on top of her existing 10 year ban from the US.

So the short answer is that she can certainly try applying. She will need to provide extremely strong proof of her ties to her home country since she has a past history of immigration violations. She will also need to be 100% honest about her immigration history in her application. Lastly, I would only suggest she try applying for a study permit to Canada if she is attending a top university for a degree program (preferably Masters or PhD). If she's planning on attending a college instead - I wouldn't bother applying - this won't be a strong enough student profile to be approved.

Lastly, I wouldn't bother applying for a tourist visa. I don't think she has any chance of that being approved.

 

[NashonB]

wow. Thank you, you have been most helpful and i truly appreciate it.

 

[Aquakitty]

When she was "11"? Is that correct? Because I think that would have at least a little bit of impact on the issue, since she was a child during most of the overstay.

 

[scylla]

When she was "11"? Is that correct? Because I think that would have at least a little bit of impact on the issue, since she was a child during most of the overstay.

She would actually be in much better shape (certainly from a US perspective) if she had left before she turned 18. Then she would not have been given the automatic 10 year ban from the US upon leaving. Since she waited until she was well past 18 (21?) - the 10 year ban was automatically applied when she left the US.

Again, I think the study permit in Canada is doable provided she can show strong ties to her home country and provided she is pursuing education in Canada that is really going to advance her career (rather than just taking any random college course just to qualify for a study permit and try to get herself here).

Going back to the US is completely out of the question for at least another four years.

 

[NashonB]

Yes, she was 11 when she went. unfortunately, she didn't have the foresight to return before she was 18. she's having a really hard time adjusting to living in a third world country after being in the US for most of her adult life. So i think at this point she's looking for a way out and school is probably the only thing she can think of right now.

I appreciate all of your inputs.

 

[scylla]

Yes, she was 11 when she went. unfortunately, she didn't have the foresight to return before she was 18. she's having a really hard time adjusting to living in a third world country after being in the US for most of her adult life. So i think at this point she's looking for a way out and school is probably the only thing she can think of right now.

I appreciate all of your inputs.

Assuming she has completed either her Bachelor or Masters and has achieve high marks, her best bet would be to apply for a Masters or PhD in Canada - and at a top university. I honestly wouldn't apply for a lower level of education given her immigration history.