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xtremesuccess

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Apr 25, 2012
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In the check list for TRAVEL DOCUMENTS AND PASSPORTS in Sponsorship III - Spouses.
It says If you reside in a country different from your nationality,
include a copy of your visa for the country in which you currently reside.
We reside in USA. I am a dual Citizen 1st Canadian and then American.
My husband is Mexican and has no visa, he is here without Inspection (illegally)
My question is does this make my husband inadmissible into Canada?
My Husband has no issues with the law.
Where would he have to go for an Interview?
Could we chose Seattle, Washington?

Thank you in advance for your time and help.
 
He cannot be processed through Buffalo (or Seattle) if he is not in the United States legally. When your application to sponsor him goes to CPC-Mississauga, you have to provide proof that he has legal status in the US, or they send the application to be processed through the embassy that represents his county of nationality.

Being in the US illegally does not make him inadmissible to Canada - but it can complicate the processing of the application and risk it for refusal. I remember a situation where a lady was in the US illegally from the Philippines. The officer processing her application in Manila wanted badly to refuse based on his (erroneous) assumption that she only wanted Canadian PR in order to re-establish her legal status in the US (Canadian PR would not have done that for her). They had a tough time though, with long delays and lots of road blocks thrown up, before she was finally granted permanent status. The officer assessing your husband's ap could assume the same - that he only wants to get status in Canada so that he can get valid status in the US . . . or, worse yet, that the relationship with you is only about getting him valid status somewhere other than Mexico - since he isn't in the US legally, Canada is the next best thing.
 
RobsLuv said:
He cannot be processed through Buffalo (or Seattle) if he is not in the United States legally. When your application to sponsor him goes to CPC-Mississauga, you have to provide proof that he has legal status in the US, or they send the application to be processed through the embassy that represents his county of nationality.

Being in the US illegally does not make him inadmissible to Canada - but it can complicate the processing of the application and risk it for refusal. I remember a situation where a lady was in the US illegally from the Philippines. The officer processing her application in Manila wanted badly to refuse based on his (erroneous) assumption that she only wanted Canadian PR in order to re-establish her legal status in the US (Canadian PR would not have done that for her). They had a tough time though, with long delays and lots of road blocks thrown up, before she was finally granted permanent status. The officer assessing your husband's ap could assume the same - that he only wants to get status in Canada so that he can get valid status in the US . . . or, worse yet, that the relationship with you is only about getting him valid status somewhere other than Mexico - since he isn't in the US legally, Canada is the next best thing.
Thanks for the reply, here is some more information in regards to my situation.
I have a complex situation that needs to be addressed, and I need some guidance.
I am a Canadian Citizen. Living in the United States. I Immigrated to the USA and became a US Citizen in 2004.
I never gave up my Canadian Citizenship, so I believe that I have dual Citizenship.
I am Married to a Mexican Citizen, we have been living together for a total of 12 years consecutive, and we
are legally, and happily married in the State of Washington for 7 years this July 19/2012.
I want my husband to come back to Canada with me, and begin to build our lives there.

We question where we need to start to make this happen, because my husband does not have any legal status
here in the United States (He is here Without Inspection Illegally.) and that is where we are currently living.
My husband is a good man, he has a current and valid driver's license in the state of Washington.
- with no violations, accidents or anything, he has an absolutely clean driving record.
My Husband has no police record, DUI's, no use of drugs, or anything that would make him inadmissible into Canada.
My Husband and I run and own our own Construction Company
down in the states. My husband is a highly skilled craftsman, he truly can build anything,
that is why we were thinking that the Skilled Worker Program would be the best and fastest program for us. Would you and could you please advise us in this Complex Situation, as to what we should do, and
what options that we have available.
How could we make this happen both smoothly and quickly?

Another piece of the puzzle involved here is that I have personally been going through
unbelievable amounts of grief, my Daughter of 25 years of age passed away just
this last year in Canada and the 6 months later my Mom passed away.
My Husband has been a wonderful support, and without him through this I do not know where I would be. With all the violence down in Mexico I am so fearful that my
Husband will come back to me in a body bag. With all my many loses, this is
something that I just couldn't handle.
With the economy the way it is in the United States, it is a true blessing that my Mom left me her home in Canada when she passed, that is free and clear of any Mortgage.
Being a contractor and having to fight and find work, and chop, drop and slash your prices just so you have work, is just crazy - when I own my own home in Saskatchewan.

We will be very self supporting once we get to Canada, my Husband
and I want to start our Construction business there, work on the home,
we want to have a little fish farm in the backyard with an above ground
water garden.
There is no store in the little town you can't even buy a gallon of water,
milk or anything there.
We were thinking to have extra produce, fish etc and open a little store there.
We truly have wonderful ideas and a future vision.
I was not trying to write a book here, but there really are a lot of details, and like I said
in the introduction a very Complex Situation.
I thank you for taking the time to read and try and understand my situation.
If there is any kind of wavier that could be granted or we could apply for, or something anything to make this happen both as smoothly and as quickly as possible, because of the unique situation that I already own both land and home in Saskatchewan.
We both thank you in advance for all your time and help in this matter,
and we look forward to any guidance advice and help that you could give us.
I look forward to your feedback etc
 
I do not know how to answer all of your questions, but hopefully what I can offer will be of help to you...

First of all, let me say, how very sorry I am for your loss.

Now as stated before:
RobsLuv said:
The officer assessing your husband's ap could assume the same - that he only wants to get status in Canada so that he can get valid status in the US . . . or, worse yet, that the relationship with you is only about getting him valid status somewhere other than Mexico - since he isn't in the US legally, Canada is the next best thing.

Now after seeing that your husband has been with you for 12 years, it is in my opinion that a VO would not see that as a way for your husband to gain status. Also, if he has his own business in the US and holds a valid drivers license, it is my opinion that he is under no threat to leave the US, again validating that he is not seeking status from you. I cannot guarantee that a VO will have the same opinion as I do, though.

One good thing in your favor is that you now own a home and property in Canada (I also live in Sask by the way :) ) and it sounds like you have a realistic idea as to how to provide income for yourselves. This is needed when applying as you need to prove to the IO that you and your husband intend to live in Canada after the PR is approved. Having a job offer would solidify this as well.

As for the SINP, it can take 12 months for approval before it is sent to the Federal Immigration. It may be faster for a regular outland application if you have all the proofs required.


As for anything to do with your husbands lack of status in the US, I am not knowledged enough to help you other than to agree with Robsluv that he cannot use the Buffalo VO, it would have to be through Mexico.

I urge you to investigate an outland application through Mexico visa office and perhaps try contacting a Canadian immigration lawyer. I know with family law lawyers you have the legal right to one free consultation. I would assume this to be true with all types of lawyers, even those specializing in immigration. It doesn't hurt to pick up the phone and ask!

Good luck to you!



EDIT: Also I thought I would add... with the way Sask is booming right now, I would keep your construction business in mind as another potential means of income. There is a new potash plant opening up near Moose Jaw ( http://www.ks-potashcanada.com/en/index.html ) so there will be many going there for work that will need new homes built etc. Not sure where your property is located or what kind of construction your husband specializes in, but this is going to be HUGE! Just thought I would throw that in there...
 
Thank you for your reply and extra information, I do appreciate it.
Nice to hear that you are from Sask as well. :)
I am from the Colonsay, Allan area, and of course Saskatoon.
What area of Sask are you from?
How quickly did your application go through? from date of app to Visa or PR.
Where did you have to go from your interview?
Do you know if we could apply for a work an open work visa, while the Family Class
application is being processed? and have that granted.
Ideally I would like to submit the application, apply for an open work permit,
move to Canada (Sask) start the Construction Business while the Family Class app
is being process, then have the interview or whatever Immigration advises us needs to happen.
Thanks again for reading and understanding.
Nice to chat with a fellow Saskatchewanian :)