Overstayed visa in USA - no criminal record

[Griffintown]

Hi all I am a newbie here and I have a problem (maybe) and hopefully some of you can help me out.

I am a Quebec resident sponsoring my French spouse. I pretty much assembled the entire sponsorship file by myself, but decided to ask a lawyer for help just to re-verify everything. After spending almost 2 months working on this file, I am quite familiar with the CIC guide and I was shocked when we met with the lawyer and I asked questions and he was unfamiliar with some of the forms and said things like “I’m not sure you need this information, so just add it in, just in case”. I’m confident in my file, but not so much in his guidance (for many different reasons), which is why I would like a second opinion from people who might have been in the same situation. I am 99% finished the entire file.

My French husband entered the USA legally (as a tourist) but overstayed his welcome by a few years (during this time he worked illegally in the US). He left on his own accord and returned to France. He is now visiting me in Quebec, but will either leave before his visa expires or renew it (anything to avoid being illegal here). My questions are :

Question 1:
Under “Status in the country”, is it accurate to list his status as “visitor”? Once your visa expires are you still considered a “visitor” and the fact that he worked, would that play against him? I notice they also list “Other” as an option… of course I have to specify what “other” means. Anyone ever fall into this category?

Question 2:
My lawyer only asked me to get a police clearance from France (which I received), but this morning I was reading the control form, I noticed that they ask for clearance from any country where the resident has been living for 6 months and over. Do I need a clearance from the USA as well?
My husband was not deported nor does he have a criminal record, so I am not worried about it affecting his application – unless his illegal status shows up, but I doubt it would. I would hate to send the file only to have it return to me because I omitted the USA FBI clearance.


I would appreciate any information anyone could provide on this matter.
Thanks everyone!

 

[Ponga]

It sounds like you are applying with an Outland application, correct? If you were to apply with an Inland application and include an OWP (Open Work Permit) with the application, your husband would not need to renew his visitor visa, as the OWP would give him `implied status' while his PR application is being processed.

1. For a person in Canada that is out of status, they have to choose `other' from the options and then select `out of status-requires restoration'. I would suspect that for the time that he was without status in the U.S., he would need to do the same. If he implies that he maintained his legal status in the U.S. and CIC discovers that he was in fact out of status, that would be misrepresentation and could jeopardize his entire application. I think it's best to be honest, especially since he left voluntarily and was not deported.

2. Yes, he will need an FBI PCC. He can have his fingerprints taken in Canada, but he has to have the old-fashioned Ink and Roll prints, placed onto the FBI FD-258 fingerprint card, which would then be mailed to the FBI in West Virginia. He CANNOT use digital prints, nor can he use a third-party Channeller.


Good Luck!

 

[Griffintown]

that is correct, we are applying Outland. I guess for now we will take that part one step at a time. But a big thank-you Ponga for your reply.
After spending $$$$ on an immigration lawyer I would have expected him to at least know this!

But your post confirms what I thought. Thanks again!

Cheers!

 

[user828]

Hi all I am a newbie here and I have a problem (maybe) and hopefully some of you can help me out.

I am a Quebec resident sponsoring my French spouse. I pretty much assembled the entire sponsorship file by myself, but decided to ask a lawyer for help just to re-verify everything. After spending almost 2 months working on this file, I am quite familiar with the CIC guide and I was shocked when we met with the lawyer and I asked questions and he was unfamiliar with some of the forms and said things like “I'm not sure you need this information, so just add it in, just in case”. I'm confident in my file, but not so much in his guidance (for many different reasons), which is why I would like a second opinion from people who might have been in the same situation. I am 99% finished the entire file.

My French husband entered the USA legally (as a tourist) but overstayed his welcome by a few years (during this time he worked illegally in the US). He left on his own accord and returned to France. He is now visiting me in Quebec, but will either leave before his visa expires or renew it (anything to avoid being illegal here). My questions are :

Question 1:
Under “Status in the country”, is it accurate to list his status as “visitor”? Once your visa expires are you still considered a “visitor” and the fact that he worked, would that play against him? I notice they also list “Other” as an option... of course I have to specify what “other” means. Anyone ever fall into this category?

Question 2:
My lawyer only asked me to get a police clearance from France (which I received), but this morning I was reading the control form, I noticed that they ask for clearance from any country where the resident has been living for 6 months and over. Do I need a clearance from the USA as well?
My husband was not deported nor does he have a criminal record, so I am not worried about it affecting his application – unless his illegal status shows up, but I doubt it would. I would hate to send the file only to have it return to me because I omitted the USA FBI clearance.


I would appreciate any information anyone could provide on this matter.
Thanks everyone!

It sounds like you are applying with an Outland application, correct? If you were to apply with an Inland application and include an OWP (Open Work Permit) with the application, your husband would not need to renew his visitor visa, as the OWP would give him `implied status' while his PR application is being processed.

1. For a person in Canada that is out of status, they have to choose `other' from the options and then select `out of status-requires restoration'. I would suspect that for the time that he was without status in the U.S., he would need to do the same. If he implies that he maintained his legal status in the U.S. and CIC discovers that he was in fact out of status, that would be misrepresentation and could jeopardize his entire application. I think it's best to be honest, especially since he left voluntarily and was not deported.

2. Yes, he will need an FBI PCC. He can have his fingerprints taken in Canada, but he has to have the old-fashioned Ink and Roll prints, placed onto the FBI FD-258 fingerprint card, which would then be mailed to the FBI in West Virginia. He CANNOT use digital prints, nor can he use a third-party Channeller.


Good Luck!

His illegal status in USA has got no bearing on his app in Canada. He is visitor in Canada, all he has to do is mention the dates he was in USA - all they need is DATE ( From and To ) and Activity and City. It doesn't ask for how he entered USA or stayed without visa or extended visa etc

All they care is FBI Clearance if he lived there for more than 6 months ( or extensive visits over years ) ( which again has no bearing on illegal status in USA )- all they need is fingerprints, fee and an address.

Get Police Clearance from France, USA and that's it - CIC just needs to see your marriage is genuine and no criminal record

 

[mikeymyke]

Are you sure the overstay won't affect his app at all? Wouldn't CIC view the overstay as a potential red flag because the applicant does not desire to return home and wants to remain abroad? He didn't just overstay a few weeks, but a few years. But then again he did leave on his own accord, and he's from France (a very affluent country) so I don't know what to make of it.

 

[user828]

Are you sure the overstay won't affect his app at all? Wouldn't CIC view the overstay as a potential red flag because the applicant does not desire to return home and wants to remain abroad? He didn't just overstay a few weeks, but a few years. But then again he did leave on his own accord, and he's from France (a very affluent country) so I don't know what to make of it.

Nope, doesnt matter - his app is for Canada, not for USA. It would be a different story if he overstayed in Canada and even that doesn't matter ( for spouse case with explanation )

Trust me - USA overstay doesn't matter, I know - all they care is FBI Clearance and mandatory Security which they will do

This is an outland app

 

[Kan_Sri]

Although i am not a immigration lawyer, i have read enough number of times, that overstaying "elsewhere" does not have an effect on the Canada Spousal Application. Mainly because, this is a permanent resident visa and you cant overstay on PR visa.

Even the FBI - PCC will only reflect if there is an arrest on file or not. Hence if he was not arrested/charged/deported, it wont show on record. Hence, get the finger printing done - preferably in a local police station(they are fuzzy about it) and send it to FBI, WV office. They take a little over a month to respond.

But, on the other hand, i am not sure what to put on the app for "illegal" work during the stay. Since on the passport, you will have vistor visa stamped. you can claim to have worked on those days/period without pay. Honestly, think in terms of unpaid work or some other work experience catagory/internship etc if you can put it. During the application, please dont leave periods blank. Try not to misrepresent - if they figure it out - they will decline the app

Just my thoughts. Good Luck with your app

Nope, doesnt matter - his app is for Canada, not for USA. It would be a different story if he overstayed in Canada and even that doesn't matter ( for spouse case with explanation )

Trust me - USA overstay doesn't matter, I know - all they care is FBI Clearance and mandatory Security which they will do

This is an outland app

 

[user828]

Its no concern - simply location/job - that's it. Also, stamps are not a guide of accurate entries and exit from a single country. All this is only is found with investigation through IMM authorities of different countries but either way this is matter for visitor stay, no concern with PR

As for stamps - CBSA officer stamped the wrong YEAR in Montreal back in 2000 ( Stamped 2001 ) for me. I applied for PR inside Canada and since I was on a student visa before that, I was entitled to 50% of my stay ( max 1 year ) towards my citizenship

I was so worried that I will be questioned during the ceremony for the stamp ( which made me look out of Canada for 1 year ) , no one asked me but I went upto to the officer voluntary and told them - he laughed and said "Oh they make mistakes all the time, we don't go by stamps, we ask for residency proof and investigate if we have to but its not routine"

 

[Kan_Sri]

that made me laugh....wrong year!! OMG!

Thanks

Its no concern - simply location/job - that's it. Also, stamps are not a guide of accurate entries and exit from a single country. All this is only is found with investigation through IMM authorities of different countries but either way this is matter for visitor stay, no concern with PR

As for stamps - CBSA officer stamped the wrong YEAR in Montreal back in 2000 ( Stamped 2001 ) for me. I applied for PR inside Canada and since I was on a student visa before that, I was entitled to 50% of my stay ( max 1 year ) towards my citizenship

I was so worried that I will be questioned during the ceremony for the stamp ( which made me look out of Canada for 1 year ) , no one asked me but I went upto to the officer voluntary and told them - he laughed and said "Oh they make mistakes all the time, we don't go by stamps, we ask for residency proof and investigate if we have to but its not routine"

 

[Griffintown]

Thanks for your replies everyone, they are helpful. I assumed that the illegal status in the USA won't affect the sponsorship (we will see if it will if we try to prolong his visitor visa). I have no intention on lying and have listed his jobs in the USA and have listed the correct dates etc. The only thing worrying me was that I put his status as "visitor" and to me that might clash with the work history part (visitors shouldn't be working!) and once your visitor status expires, technically you are no longer a visitor... these two elements make me question the validity of writing "visitor" in the status part of the application as oppose to ""other" - out of status". I guess I can say he didn't get paid - but after being there for a few years, I doubt CIC will buy that he worked for free! My lawyer is still advising me to not ask for an FBI clearance and to submit it with only a police clearance from France.

Sometimes I think I might need a second legal opinion. If I call the CIC centre can they answer questions of this nature or can they only answer generic questions ?

p.s. I can't believe they stamped the wrong YEAR!

 

[user828]

Thanks for your replies everyone, they are helpful. I assumed that the illegal status in the USA won't affect the sponsorship (we will see if it will if we try to prolong his visitor visa). I have no intention on lying and have listed his jobs in the USA and have listed the correct dates etc. The only thing worrying me was that I put his status as "visitor" and to me that might clash with the work history part (visitors shouldn't be working!) and once your visitor status expires, technically you are no longer a visitor... these two elements make me question the validity of writing "visitor" in the status part of the application as oppose to ""other" - out of status". I guess I can say he didn't get paid - but after being there for a few years, I doubt CIC will buy that he worked for free! My lawyer is still advising me to not ask for an FBI clearance and to submit it with only a police clearance from France.

Sometimes I think I might need a second legal opinion. If I call the CIC centre can they answer questions of this nature or can they only answer generic questions ?

p.s. I can't believe they stamped the wrong YEAR!

Could you show me what section are you talking about in what form?

 

[Griffintown]

IMM008 question 12. I'm not sure how to attach a screen shot of the question but they ask which country you've lived in more than 6 months and what your status was in that country. status options available include "visitor" and "other" (if you put other you have to state what "other" means)

In IMM5669 question 8 asks respondents to list their work history.

Whoever looks at the file will see that he lists his status as "visitor" yet during this period he is also working (this takes into account a 3-4 year span). Maybe I am paranoid, but I would hate for them to refuse because they think I misrepresented him

 

[Ponga]

My lawyer is still advising me to not ask for an FBI clearance and to submit it with only a police clearance from France.

Your lawyer is wrong about this! Your spouse absolutely must provide an FBI PCC because he was in the U.S. for more than (way more than) 6 months.

 

[Ponga]

IMM008 question 12. I'm not sure how to attach a screen shot of the question but they ask which country you've lived in more than 6 months and what your status was in that country. status options available include "visitor" and "other" (if you put other you have to state what "other" means)

In IMM5669 question 8 asks respondents to list their work history.

Whoever looks at the file will see that he lists his status as "visitor" yet during this period he is also working (this takes into account a 3-4 year span). Maybe I am paranoid, but I would hate for them to refuse because they think I misrepresented him

You can state `other' and attach a separate sheet with an explanation. Label the addendum as `IMM 5669 question 12- additional information' (or similar).

 

[Griffintown]

Ponga, thats what I am thinking, which is why I came to this board for other opinions! His reasoning is "he was there as a visitor (despite being there 6months +) therefore it is not required" go figure. I will look into stating "other".

Thanks Ponga, user828and Kan_Sri!