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US citizen, husband voluntarily departing from US

Littlelee24

Newbie
Dec 2, 2019
3
0
I am a US citizen married to a Guatemalan citizen. He is currently in removal proceedings in the US for coming here illegally when he was 9 (he is now 42) If he departs voluntarily, is he eligible to move to canada as a permanent resident as my spouse, if I am able to get my permanent residence there. I am a nurse and would be considered in category 2. He is a chef by trade. We have 2 children under 18. Thank you for your help.
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I am a US citizen married to a Guatemalan citizen. He is currently in removal proceedings in the US for coming here illegally when he was 9 (he is now 42) If he departs voluntarily, is he eligible to move to canada as a permanent resident as my spouse, if I am able to get my permanent residence there. I am a nurse and would be considered in category 2. He is a chef by trade. We have 2 children under 18. Thank you for your help.
Yes - he would be eligible to move with you through a permanent residency application.

Not sure what you mean by category 2.

For immigration, you'll want to start by researching the Express Entry program. This is a points-based program and right now you need to have 470-480 points to be selected.
 

Littlelee24

Newbie
Dec 2, 2019
3
0
Yes - he would be eligible to move with you through a permanent residency application.

Not sure what you mean by category 2.

For immigration, you'll want to start by researching the Express Entry program. This is a points-based program and right now you need to have 470-480 points to be selected.
Thank you for your reply. Sorry I meant skill level B. Does it matter if he is in the US or Guatemala when we apply?
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you for your reply. Sorry I meant skill level B. Does it matter if he is in the US or Guatemala when we apply?
Doesn't matter where he is. What matters is how many points you have. Have you calculated your points yet? If you are in/around 40 years old - you may struggle to have enough points to be selected.
 

Littlelee24

Newbie
Dec 2, 2019
3
0
I am 34. My points currently are only 321. However I am finishing my BSN and will look for a job offer as an RN, which will increase my points. Last question- does it matter if he is deported by the US or VOLUNTARILY departs? My understanding is with a deportation it would make it difficult to enter another country since he now has a record of deportation for illegal entry? Thank you again.
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I am 34. My points currently are only 321. However I am finishing my BSN and will look for a job offer as an RN, which will increase my points. Last question- does it matter if he is deported by the US or VOLUNTARILY departs? My understanding is with a deportation it would make it difficult to enter another country since he now has a record of deportation for illegal entry? Thank you again.
It doesn't matter if he's deported or leaves voluntarily. If he applies to immigrate to Canada, as long as he is 100% honest about his immigration history it won't be a problem. However any sort of temporary visa will be refused (i.e. work permit, study permit, visitor visa) due to his long overstay in the US.

To get job offer points for immigration, your employer in Canada needs to obtain an approved LMIA. You should be aware that it's next to impossible to find employers willing to go through the process. The only alternative would be for you to move to Canada on a temporary work permit under NAFTA and work here for a year to qualify for the job offer points (without having an approved LMIA). However your husband won't be approved to accompany you here temporarily - so this would mean being separated - likely for a couple of years.

Based on the info you've provided, I would say it's far from guaranteed that Canada is a realistic option for you and your husband. Make sure you are exploring other options in addition to Canada.
 

SPIRATY

Star Member
Oct 4, 2019
88
5
I am a US citizen married to a Guatemalan citizen. He is currently in removal proceedings in the US for coming here illegally when he was 9 (he is now 42) If he departs voluntarily, is he eligible to move to canada as a permanent resident as my spouse, if I am able to get my permanent residence there. I am a nurse and would be considered jiofi.local.html tplinklogin is it down in category 2. He is a chef by trade. We have 2 children under 18. Thank you for your help.
 
Last edited:

jddd

Champion Member
Oct 1, 2017
1,516
565
I am a US citizen married to a Guatemalan citizen. He is currently in removal proceedings in the US for coming here illegally when he was 9 (he is now 42) If he departs voluntarily, is he eligible to move to canada as a permanent resident as my spouse, if I am able to get my permanent residence there. I am a nurse and would be considered jiofi.local.html tplinklogin is it down in category 2. He is a chef by trade. We have 2 children under 18. Thank you for your help.
Are you an immigration consultant? It would be better to ask the lawyers in your firm.

it is registered in our statistics office..will i encounter any problems? I was an accompanying dependent sponsored by my father and after 5 months i went back to the philippines to marry my gf. Im planning to sponsor them asap..thanks sir
p.s. I’ve lived in Canada for 20 years since 1998 & have a PR status ever since, i met my current husband during travelling a year & a half ago , & stayed (overstayed) in America being with him, now I returned b4 my PR card expired