Sponsoring illegal Mexican immigrant living in the USA

[shanabanana]

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?

 

[truesmile]

I would certainly say so. Does he have a valid Mexican passport? Relationship might be genuine, but you are neither married nor common-law based on your post, so that has no bearing on anything yet.

 

[shanabanana]

He does have a valid Mexican passport. And we have been living under the same roof for over one year - does that not qualify as common-law?

 

[truesmile]

Yes, if it is 12 consecutive months it is. You also must prove that you did. Your post alludes to only 6 months is why I asked.

 

[Ponga]

Yes, if it is 12 consecutive months it is. You also must prove that you did. Your post alludes to only 6 months is why I asked.

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


The OP has been living with him for 13-14 months now.

 

[Ponga]

The OP should also be aware that her overstay in the U.S. could ban her from returning [there] for up to 10 years. It appears that 180 days have passed since the expiry of the visitor status, so...the 3 year ban could now be in place.


[source]: http://www.visapro.com/Immigration-Articles/?a=173&z=30

(i) Inadmissibility as a consequence of Overstaying a Visa
The 1996 reform created two new grounds of inadmissibility for foreign nationals who remained in the US after the expiration of the period of stay authorized by the Attorney General through the immigration inspector at the time of entry.

1. The Three Year Bar: Persons who remain in the US after their authorized stay has expired for more than 180 days but less than one year, and who leave the US prior to the institution of removal proceedings, are barred from reentering the US for three years from their date of departure.

2. The Ten Year Bar: Persons who remain in the US after their authorized stay has expired for more than one year, and who leave the US prior to the institution of removal proceedings, are barred from reentering the US for ten years from their date of departure.


Canada is much more forgiving than the U.S., when it comes to overstay penalties.