my niece came to the US as a minor on tourist visa and overstayed. She will turn 18 in 2 years. She would like to go to Canada for further studies. Since she came here as a minor, if she’s leaves before the age of 18 and goes back to her home country she’ll not accure a ban from the US. What are her chances of she goes back (to her home country) and applies for Canadian study permit.
Study permit after overstaying in US as a minor
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If she is currently overstaying I would consider returning as soon as possible so she can establish ties to her home country. If she returns only to apply then she hasn't had time to establish enough times to convince CIC that she will return after her studies in Canada. It seems like she has family in Canada which could cause issues especially if most of her family no longer live in her home country and I assume her parents may also being in the US without status.
Yes her parents are with her in the US. Her sister however is in Canada and about to get her PR, went to Canada on student visa from India(didn’t ever overstay in us) and is currently working in Canada as a nurse. Does having her sister help her case at all? (From home country or US)
It's tricky. Given her sister is in Canada and has studied then applied for PGWP and now PR it is hard to deny that your plans are not to immigrate. Given that her family members are in the US illegally and in Canada she doesn't have strong ties to India. Unfortunately a 2nd sibling has a disadvantage compared to the 2nd. You will have to see what the 1st sister wrote in their SOP and hope that works again.
Does the nurse qualify to sponsor? If she doesn't live in Quebec she probably doesn't meet the income requirement for 3 years. Yes at least a parent would have to come to Canada to bring her dependent under PGP. This situation is not typical so it is very hard to offer advice. There is a lot of luck involved.
The nurse does meet the income (and has been for since 2016 June, so she’ll be meeting the income req for 3 years by 2019 June) and other requirements. What if Lisa is 18 by then, can she’s travel alone without her parents? Perhaps with some other adult with a letter from her parents?...(if the sponsorship gets approved that is)
And just to clear things up,
Lisa (the one who is a minor in the us and overstayed)
Her parents who over stayed as well
Lisa’s sister- a nurse who went to Canada on study permit form India in 2013, never overstayed in US. Had a work permit since 2013 (worked in food court while studying) and then after graduation started working as a nurse and applied for PR.
Lisa (the one who is a minor in the us and overstayed)
Her parents who over stayed as well
Lisa’s sister- a nurse who went to Canada on study permit form India in 2013, never overstayed in US. Had a work permit since 2013 (worked in food court while studying) and then after graduation started working as a nurse and applied for PR.
It’s an interesting case... If a minor overstays, considering he/she is a minor, is he/she liable? Did the minor overstayed consentingly out of his/her own will? If, for argument’s sake, the minor consented to overstaying, he/she will be held liable? If minor did not consent, does the minor suffer the penalty appertaining to overstaying?
Yes she overstayed consentingly, however now she doesn’t like the decision she’s made(not really her decision anyway because her parents stayed)... can her sister sponsor her (only her, not parents) to Canada as long she is under 22 (and she doesn’t need to go back to her home country)
The sister will get her Canadian PR very son, the sister also meets all the requirements.
russ6970
VIP Member
Yes, it's interesting. Even though you say the minor gave consent to overstaying. Because she is a minor, does giving consent really matter as she is still under the guardianship of her parents.
Sister can't sponsor sister alone. Sounds like the sister may qualify to sponsor her family of 4 (if she is not married and has no children) in 2020. You have to show that you are interested in January and only a portion of applications are approved because there are more applicants than spots. I would research the PGP program.