The travel agency applied for eTA for me last year when I went to Canada but they never asked me about my visa in the U.S. so I have no idea what they put.
Overstayed US..would This Affect the Student Visa for Canada?
- Thread starter TheDogLover
- Start date
Yes my DACA expired last year in Oct but I cannot renew it because now I’m in Japan. But my husband is an US citizen. We have a case pending in the US immigration.
I was told getting Visa for Canada wouldn’t affect if I overstayed in the US. But should I hire a lawyer just to be on the safe side?
Immigration visa (i.e. applying for PR) will not be affected by a US overstay.
Applying for a visitor visa / study permit / work permit MAY be affected by a US overstay. A lawyer cannot make this problem go away.
Your call if you use a lawyer or not. But make sure you are 100% truthful in your application about your immigration history and overstay - or you'll end up with a five year misrepresentation ban from Canada.
To add, if you do use a lawyer make sure you know exactly what your lawyer is submitting. You need to review the complete application before they send it.
If a lawyer sends a visa application with incorrect info (like not mentioning US overstay), this will be seen as misrepresentation by IRCC and result in at least a 5 year ban for you. They won't care if your lawyer sent it, as YOU are responsible for everything that IRCC gets.
If a lawyer sends a visa application with incorrect info (like not mentioning US overstay), this will be seen as misrepresentation by IRCC and result in at least a 5 year ban for you. They won't care if your lawyer sent it, as YOU are responsible for everything that IRCC gets.
But the school I’m applying for doesn’t do refunds. What should I do if something bad happens? Can I just put DACA status instead of writing overstay? Because DACA is for people who is undocumented and overstayed. Also it shouldn’t matter if I hire a lawyer or an immigration agency consultant who helps with getting infos for schools?
What part do I mention overstay in the application? Can I put DACA instead because it’s the same thing?
meyakanor
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You're actually asking a very good question. I checked the study permit application form and could not find any relevant questions with regards to overstaying your status in any other country (question 2 IMM1294E).
I remember when I myself applied for study permit all those years ago, there was a question on whether or not I had been resident of any country for over 180 days within the past five years (in this case, you would have to check 'yes', and they may ask to question you further).
That would be the place where you would have to disclose any past immigration infraction with them, maybe during interview.
I don't see the question anymore in the current application form. It looks to me that you can really get away with checking 'No' for all the boxes, and still do not commit any misrepresentation.
Most likely though, from your education or employment history, they would come to know that you were in the US for some number of years, and when they checked your passport, they would not be able to find any US visa.
They will likely want to interview you before granting you the visa, and you would have to tell them the truth.
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I spoke to few immigration lawyers and they said it shouldn’t affect getting a study permit but 1 of the lawyers said it will be difficult to get it. What should I do? I don’t know what to do.
You can certainly try to apply. Make sure you are 100% honest in your application about your US immigration history.
I heard the interview will be at the border of US and Canada but if they reject me because of DACA status at the interview then it would be a waste of money that I paid for school. That’s what I’m worried about is school and homestay money if I get rejected.
Here’s the link I found about its very difficult for Dreamers to get Visa in Canada. I don’t know why some lawyers said it should be ok. I’m worried if school won’t give me a refund if I get denied.
https://www.google.co.jp/amp/www.canadim.com/can-dreamers-daca-apply-canadian-visa/amp/
https://www.google.co.jp/amp/www.canadim.com/can-dreamers-daca-apply-canadian-visa/amp/
There will be no interview. They will refuse or approve your application based on the information you submit when you apply for the study permit from your home country.
Check the school refund policies. Some schools will refund you if your study permit is refused (others will not).
As I've said from the start, I think your chances of approval are low. You should think about what your plan will be if the Canadian study permit is refused. You'll most likely need to look into options for studying in your home country instead.
Good luck.
I know this post is old but I still want to replay. I am doing my process applying for a study permit for Canada. I am doing my process all by myself, base on all the information a have read it is imposible to obtain a temporary resident visa due to your legal status you can not satisfy one of the most important point in the application that is your tights to your home country. Eventhough the are other ways to imigrate to Canada, you mentioned that you are beneficiary of The Deferred Action based on your levels of studies and work experience you could qualify for express entry.
