usa status- problems??

[mmmmm]

HI,MY HUSBAND AND I ARE IN USA ON LONG TIME AGO EXPIRED C1D VISA.WE DECIDED TO APPLY TO IMMIGRATE TO CANADA.WE WERE TOLD BY IMMIGRATION LAWYER THAT CANADIAN OFFICIALS ALMOST ALWAYS IGNORE THAT SINCE WE WILL SEND OUR APPLICATION IN THE OFFICE WHO HANDLES APPLICATION FROM OUR COUNTRY OF ORIGIN AND HOPE TO GET WAVED INTERVIEW(WE DON'T WANT TO LEAVE USA WITHOUT CANADA IMMIGRATION VISA).HOW ARE OUR CHANCES?? ANYBODY??

THANX.

 

[Eduardo Picazo]

Hi mmmmmm

There is no way for you to apply for Canadian resident card while you are out of status, you must hold a legal status in the country you are applying from; I mean, other than you own Country.

If you apply for, it is much likely that you will be refused

Sorry, it seems that you guys have to go home and apply from there

Good luck
Eduardo

 

[notalawyer]

Although I am not a lawyer, but from what I have learnt and seen people do.
You can apply for Canadian Immigration from any country that you have been admitted for a period of 1 year or more, notwithstanding your present status.
So if your visa, is more than a year, you can apply.

 

[kappal_tero_deekra]

I heard that if you entered the US legally, and your status expired, you can apply and be accepted by Canada. But, deekra (dearie), I would advise that you do it through a good lawyer. Otherwise, gottala ma gos (a lot of trouble).

 

[Eduardo Picazo]

Although I am not a lawyer, but from what I have learnt and seen people do.
You can apply for Canadian Immigration from any country that you have been admitted for a period of 1 year or more, notwithstanding your present status.
So if your visa, is more than a year, you can apply.

Hi notalawyer

It could be a very good Idea fro MMMMM to consult with an immigration lawyer about it, if this statement is truth, great for him/her!!

Remember that, no matter if the entry was legally, it is not longer legal status anymore (please don't take wrong, I am not being such pesimist, I just want to help to avoid any misrepresentation to our friend mmmmm)

Good luck
Eduardo

 

[kappal_tero_deekra]

Although I am not a lawyer, but from what I have learnt and seen people do.
You can apply for Canadian Immigration from any country that you have been admitted for a period of 1 year or more, notwithstanding your present status.
So if your visa, is more than a year, you can apply.

Hi notalawyer

It could be a very good Idea fro MMMMM to consult with an immigration lawyer about it, if this statement is truth, great for him/her!!

Remember that, no matter if the entry was legally, it is not longer legal status anymore (please don't take wrong, I am not being such pesimist, I just want to help to avoid any misrepresentation to our friend mmmmm)

Good luck
Eduardo

Great but that is what I just said above, deekra! That MMMMM should contact a lawyer.

 

[notalawyer]

Hi Eduardo
You are very right by telling mmmmm to consult a lawyer. Its just that I dont want him/her to be discouraged as I have seen so many posts like this before and I know a friend who came to USA on visitors visa, got out of status and applied for the canadian immigration. Originally he did not include a copy of his visa because of the fear about his status, but buffalo sent the documents back requesting the copies of visa and i94, of course those are expired.
He sent the documents back and CIC accepted them.
Lets just wish mmmmm good luck

 

[Libra]

HI,MY HUSBAND AND I ARE IN USA ON LONG TIME AGO EXPIRED C1D VISA.WE DECIDED TO APPLY TO IMMIGRATE TO CANADA.WE WERE TOLD BY IMMIGRATION LAWYER THAT CANADIAN OFFICIALS ALMOST ALWAYS IGNORE THAT SINCE WE WILL SEND OUR APPLICATION IN THE OFFICE WHO HANDLES APPLICATION FROM OUR COUNTRY OF ORIGIN AND HOPE TO GET WAVED INTERVIEW(WE DON'T WANT TO LEAVE USA WITHOUT CANADA IMMIGRATION VISA).HOW ARE OUR CHANCES?? ANYBODY??

THANX.

Canadian Law says: You [MUST] have been lawfully admitted into the United States for a period of at least one year.

U.S. visa types that are issued for at least one year or more include: H1-B, J1, F1 etc.

As you may very well know, being the past beneficiary of a C-1D visa, that it does not fall under the category of visas that the U.S. issues for at least 1 year or more.

A C-1D visa is a temporary visa that is usually issued to crew members who are in transit. Sometimes, a C-1D visa can be issued as a multiple entry visa as well.

With this visa type, you are only entitled to stay within the U.S. up to 6 months at a time - NOT 1 year - 6 months. So even if someone is issued a multiple entry C-1D visa, say for 2 years, which is the maximum for this visa type; what it means is that you can come and go within that 2 year time frame anytime you want but your visits should not exceed 6 months at a time.

So, with this type of visa, the fact that the beneficiary overstayed is NOT the issue.

The issue is: Does the C-1D visa entitle the beneficiary to stay within the U.S. for a period of at least 1 year?

And the answer is: No.

So, if the C-1D visa was the last visa type that a U.S. non-immigrant holds, then it is the nature of this visa that will actually bar the non-immigrant from applying for Canada Immigration.

While you are in the U.S. - since you don't want to go back home for reasons best known to you, you can still explore the option to have a job offer from a Canadian Employer that is willing to file an LMO on your behalf in order for you to have a work permit for at least one year or more. And, when successful with this, after a period of one year in Canada, you can always do the Skilled Worker Program or PNP.

Now, if you want to do that, you cannot be choosy about the job type. Why don't you explore finding a willing employer within the hospitality industry (hotels) in the Province of Alberta? Give it a try.

Otherwise, your only other option would be hoping for a blanket U.S. Amnesty, which seems very unlikely at the moment.

Good Luck in all of your endeavors!

 

[Libra]

HI,MY HUSBAND AND I ARE IN USA ON LONG TIME AGO EXPIRED C1D VISA.WE DECIDED TO APPLY TO IMMIGRATE TO CANADA.WE WERE TOLD BY IMMIGRATION LAWYER THAT CANADIAN OFFICIALS ALMOST ALWAYS IGNORE THAT SINCE WE WILL SEND OUR APPLICATION IN THE OFFICE WHO HANDLES APPLICATION FROM OUR COUNTRY OF ORIGIN AND HOPE TO GET WAVED INTERVIEW(WE DON'T WANT TO LEAVE USA WITHOUT CANADA IMMIGRATION VISA).HOW ARE OUR CHANCES?? ANYBODY??

THANX.

Now, you didn't elaborate, but my question is: Did you ever apply for an extension? What I mean is, knowing that you were going to stay for more than 6 months, you might have applied for an extension. If your extension request(s) was granted by the then INS, thereby extending your stay, my other question would be - Did the initial entitled 3 or 6 months plus any extension(s) granted add up to 1 year/12 months?

If that is not the case, then I sincerely doubt that you are in luck.

However, if that is the case, then your next step would be to consult a Canadian lawyer and ask whether the initial 3 or 6 months plus the extension(s), which should add up to at least 12 months would constitute the legal definition of the 1 year residency required by CIC, or be interpreted as such.