undocumented minors in the US

[a1186k]

hello,
my sister and her family ( one daughter and husband) moved to the US 3 years back, her daughter was 13 when she entered the US. Their family got visas from their home country and (entered legally) overstayed. So my niece is about to finish high school (currently a junior) and she's wondering if she can get a student visa for Canada approved since she was a minor when she overstayed. also can she apply for the study permit from America or does she have to go back to her home country. are there any other options (other than study permit is fine) for my niece to move to Canada since she was only 13 when she overstayed and wants to pursue higher medical education.
* dont know if this helps but she has visited Canada (legally with a tourist visa) before coming to America, her Canada visa is valid till the end of her junior year in HS. she wants to go to Canada for college/ uni

 

[scylla]

One of the requirements to be approved for a study permit is to be able to demonstrate ties to your home country and show you have no plans on remaining in Canada long term (i.e. will abide by the rules of the study permit). I don't think she has any hope of being approved given her illegal status in the US and the overstay - having said that, she can certainly try. To have a chance at getting an approved study permit, she would most likely need to return to her home country, re-establish ties there (i.e. live there for a year or so), and then apply for the study permit.

 

[canuck78]

The chances of attending a Canadian medical student as an international student will also be extremely difficult. Canada trains it's own citizens so they have their own supply of doctors.

 

[a1186k]

thank you guys for your responses! just wondering if she has even the sightest chance because of her age and no say in being undocumented in us?
if you guys have other options (other than study permit) for her to go to Canada please lmk!

 

[a1186k]

im asking because someone I know got approved for Canada student visa while being illegal in America and didnt have to go back to their home country either. however she appealed her case after being rejected. ( at the end she did get approved)

 

[scylla]

thank you guys for your responses! just wondering if she has even the sightest chance because of her age and no say in being undocumented in us?
if you guys have other options (other than study permit) for her to go to Canada please lmk!

If she fails to declare her status in the US and lies in her study permit application, she will be refused and banned from Canada for 5 years for misrepresentation.

She can certainly try applying for the study permit but MUST be honest about her current status and should be expecting a refusal based on this. There really aren't any realistic options for her to come to Canada at this time due to her status in the US.

 

[scylla]

im asking because someone I know got approved for Canada student visa while being illegal in America and didnt have to go back to their home country either. however she appealed her case after being rejected. ( at the end she did get approved)

Anything is possible - although again, the chances of being successful are extremely (extremely) low. Note that appeals are expensive since they are at the Federal Court level. So you have to be prepared to spend a lot of money on a lawyer.