I met my current boyfriend online about five years ago and this past March (2014) I flew to California from Toronto to stay with him and his family for six months, but I ended up overstaying and am due to head back soon. He was brought into the United States in 1993 when he was age 4, obviously making him an illegal immigrant. He has a clean record and hasn't committed any crimes since being here. Neither of us have any children or dependents. We have plenty of pictures, documentation and witnesses to prove that our relationship is indeed genuine. Will his illegal immigrant status cause any issues regarding me sponsoring him to come live with me in Canada?
Sponsoring illegal Mexican immigrant living in the USA
- Thread starter shanabanana
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You can sponsor him. Provided he is 100% honest about his immigration history in his application (including his illegal status) - there shouldn't be an issue.
You should certainly provide stong evidence to show that your relationship is genuine due to his status in the US.
Note that if an interview is required, it will be held in Mexico rather than in the US. Also, I assume your boyfriend knows that as soon as he leaves the US, he will be automatically banned from re-entering the US for 10 years. Having Canadian PR (or even Canadian citizenship) unfortunately won't change the length of this ban.
You should certainly provide stong evidence to show that your relationship is genuine due to his status in the US.
Note that if an interview is required, it will be held in Mexico rather than in the US. Also, I assume your boyfriend knows that as soon as he leaves the US, he will be automatically banned from re-entering the US for 10 years. Having Canadian PR (or even Canadian citizenship) unfortunately won't change the length of this ban.
They are typically requested if/when CIC has concerns the relationship may not be genuine and wants to interview the applicant in person. It's really impossible for any of us to say what the chances are this may happen to your boyfriend. But there's always a possibility and he must attend in person.shanabanana said:
Ah, that makes sense. There wouldn't be any chance that it could be held at the Mexican embassy in Los Angeles?
No - no chance. It will be held in Mexico. (Remember that it's Canada holding the interview - not Mexico.) If called for an interview, he will have to leave the US. At this point the US ban would kick in and he wouldn't be able to re-enter the US. He would the have to wait out the rest of the application processing in Mexico.shanabanana said:
But again - impossible to say if he will be called for an interview or not. Hopefully not.
And then if, for whatever reason, the application is denied, he would need to remain in Mexico for the 10 years correct?
He doesn't need to remain in Mexico for the 10 years. But he won't be able to legally re-enter the US.shanabanana said:
If the application for Canada is denied for some reason you could appeal the decision or apply again. But if your relationship evidence is strong, refusal shouldn't be a concern.
Are there ways to avoid getting called in for an interview? Although I would assume that one could be called for for any given reason or slight suspicion.
Note that there may be exceptions to illegal immigrants in the US who were brought in by parents at young ages. The US government has made some exceptions regarding education and other civil matters. Most of them are not subject to deportation if they meet certain requirements. You may want to contact Canadian embassy in the US and ask. You may also want to consult with a law firm that does both US and Canada immigration.
http://en.wikipedia.org/wiki/DREAM_Act
On June 15, 2012, President Barack Obama announced that his administration would stop deporting young undocumented individuals who match certain criteria previously proposed under the DREAM ACT.[38]
On August 15, 2012, the same day that U.S. Citizenship and Immigration Services (USCIS) began accepting applications under the Obama administration's new Deferred Action for Childhood Arrivals (DACA) program
On June 15, 2012, President Barack Obama announced that his administration would stop deporting young undocumented individuals who match certain criteria previously proposed under the DREAM ACT.[38]
On August 15, 2012, the same day that U.S. Citizenship and Immigration Services (USCIS) began accepting applications under the Obama administration's new Deferred Action for Childhood Arrivals (DACA) program
They aren't subject to deportation. But if they leave the US (without adjusting status) they are unfortunately still subject to the automatic 10 year ban. One has to think carefully before leaving the US since re-entering won't be legally possible for a decade.CanV said:
There's no way to reduce your chances of an interview down to zero. However you can certainly lower your chances by providing very strong relationship evidence.shanabanana said:
My point is he can apply at a Canadian visa office in the US as there is a good chance they will accept his application since he is not subject to deportation there. OP may want to check with a lawyer as no one can provide a good answer to this.