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FamFam

Newbie
Oct 10, 2017
1
0
I have a family member (US Citizen) that has overstayed their visitor visa by 4+ years and is now trying to get legal residency. The problem is they have been working with a lawyer for over 1.5 years and have spent at least $3000.00 and there is no end in sight. Can you help explain the process? I feel they are being taken advantage of.

Family member would like to freely travel between the US and Canada but is scared to leave as they think they will not be allowed to return to Canada because they overstayed their visitor visa.

Details: no order to leave the country has been issued, family member is not working in Canada, their spouse is Canadian

Specifically, will Canadian gov't know they overstayed their visa?
If they leave Canada what is the likelihood they will be able to return?
Will this person be allowed to stay in Canada while they apply for residency?
How long does it take to get a permanent residency?
How much does this process cost?
 
There's a very easy path to PR through the Canadian spouse (the Canadian spouse should simply sponsor this person for PR). Any reason why the spouse didn't sponsor this person a long time ago?

Why is there no end in sight after 1.5 years and $3K with a lawyer? Are there complications with the application you haven't included here?

If they leave Canada, whether they are allowed back into Canada or not is entirely up to the CBSA officer who they encounter on their way back to Canada. Given how long they have overstayed, it's quite possible they will have issues re-entering.

Only PR will allow they to freely travel back and forth between Canada.