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Happy_mjr

Star Member
May 6, 2018
56
15
Hello,
I’ve been reading some of the previous threads and I know there are almost similar situations like mine. I am a PR in Canada and I am getting married to an undocumented immigrant in the US, who lives there for 10 years. Our relationship is genuine ang I want to sponsor him to Canada so that we can be together. Is there a chance for him to get approved knowing that he ovarstayed in US for a long time? He has no criminal charges at all, which is a good factor. I am aware of the 10-year ban in the US once he leaves the states and he is ready for that. Is there a chance that he might need to go back to his home country to complete the process of the application if he directed to do so?
I am a little lost and I worry a lot. I need some advice please.
Thank you in advance.
 
Yes - it's certainly very possible to be approved provided he is 100% honest about his immigration history when he applies.

Yes - there's a chance he may have to return to his home country as part of the process. Once he applies, IRCC will decide where his application is processed (through which visa office). Since he's out of status in the US, it's quite possible they will process his application through his home country's visa office. If they do this and decide an interview is required, that interview will be held in his home country and he will be required to attend in person. Interviews are generally only required when IRCC has concerns the relationship isn't genuine.
 
To my knowledge, he would only need to go back if he has an interview, which may seem likely given how long he's overstayed in the US. The rest of your relationship profile would need to be rock solid to avoid an interview
 
To my knowledge, he would only need to go back if he has an interview, which may seem likely given how long he's overstayed in the US. The rest of your relationship profile would need to be rock solid to avoid an interview

Thank you