What if illegal in US? Help!

[ri2sh]

Hi,
We have a big problem. We are trying to apply for skilled worker permanent residency with my hubby and son to Canada.
We have lived in the US for the last 8 years of which the last 3 was like visa overstayers (illegal)
Our son was born here, so he is a US citizen.
We are from Hungary, so we should apply in the Vienna visa office.
Does it matter that we have been here illegally in the States or is there any chance that we could get the landed immigrant status in Canada? How about our son?
Thank you so much!

 

[Libby9]

The fact that you have been illegal in the states would indicate to immigration officials that you are non-compliant with laws, which will most likely have a negative impact on your application.

 

[mrenecm]

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[PMM]

Hi

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I make the assumption that you were originally admitted to the US for a year? If not, then you have a problem in that Buffalo, when they learn of it will not process the application.
If you were admitted for 1 year originally then they will process the application, but it will take longer as they will have consult with the Canadian office responsible for Hungary.
3. You don't state when you applied so no one can give you an estimate how far a long your application is.


PMM

 

[Noy]

Please give details on your status. FYI, we are illegally staying in the US for 6 years and only last month that we came here in Canada. We didn't encounter any problem applying to CIC and leaving the US.

Yes, we are admitted legally for 2 years in the US and we have proofs for all the documents that have been sent.

 

[calvin1998]

I have been reading that if one is allowed into the US LEGALLY for one year or more and then overstays the visa, that would not be a problem for Canada. The problem is if you overstayed a shorter term visa like a tourist visa, or snuck into the country.

In any case, I suggest that you get advice from a good lawyer. Better to spend a little money than to try to wing it alone on this one.