Will overstay in US affect the PR: express entry application ?
- Thread starter Chaklader
- Start date
It won't be an issue provided you are honest about your immigration history in your PR application. If you try to hide the overstay - expect big problems.
Overstaying your visa is quite a serious offense, however, will it lead to a refusal? Most likely not if you will be honest, but, if you hide it and it will be uncovered - it may indeed lead to a refusal.
andy108 said:
Is there any specific point in the application that ask "Have you ever overstayed in any country?" or anything like that? If not then where could an applicant be candid enough to disclose that matter.
Yes, this is a good question. I just checked the online system and I'm eligible to apply under the express entry program. Now, considering the overstay history, I would like to know should I proceed or not. The previous answers provided some insight that it should not be a lot of problem when someone is truthful about their immigration history.
However, is that explicitly asked in the PR application about previous overstay in Canada or another country ? I know people who get Canadian student visa with previous overstay in US, but, I imagine for the PR they might have tight rules.
However, is that explicitly asked in the PR application about previous overstay in Canada or another country ? I know people who get Canadian student visa with previous overstay in US, but, I imagine for the PR they might have tight rules.
Overstaying in USA will be seen in light of how serious a crime it is under USA laws. It doesn't matter what Canadian law is for Overstaying in Canada.
So if it's a serious offense under US Laws and you are guilty /convicted under those laws, Canada will probably reject your PR Application on ground of previous offense.
So if it's a serious offense under US Laws and you are guilty /convicted under those laws, Canada will probably reject your PR Application on ground of previous offense.
Hi,
Unless there is no direct question asked about the overstay you do not have to worry or mention it because you are not lying but if there is question asked then do not lie because then it will come under wrong info provided. But as long as there is not specific question about the over stay then you are good. This is my personal opinion but experience people can also put some lights on it.
Unless there is no direct question asked about the overstay you do not have to worry or mention it because you are not lying but if there is question asked then do not lie because then it will come under wrong info provided. But as long as there is not specific question about the over stay then you are good. This is my personal opinion but experience people can also put some lights on it.
Overstaying is not explicitly asked, but this will have to come up in the personal history, being a resident in the US for many months. It's also possible it will also come up during the background checks since Canada and the US share immigration info. IMO, it's better to declare it rather than conceal it.
Would OP have to get an FBI PCC in this case?
Would OP have to get an FBI PCC in this case?
rajathbk said:
Even after the overstay, I'm still eligible to entry in US and I don't have any bar. The I-94 I had was ending date of D/S for J1 visa holder rather than any specific date and hence, I was occurred overstay but not the illegal presence. The bar comes from the illegal presence according to the US law. During the period of overstay, I rented an apartment in Boston, MA and was subjected to background check. I was clean and able to rent the place as I don't have any criminal record or felony. I believe to get FBI clearance as well for not having any criminal records.
I just want to know: Will it be explicitly ask in the PR application about the overstay in other countries and in Canada ? If not, I'm not going to voluntarily provide the overstay information to the authority and if later, they will ask, I will respond with truth.
They will ask you about all your travel and address history. Also they share info with US. In addition, now they ask for all pages of passport which will show you entry date in your country after you left US.
That being said, You should definitely apply and be as much truthful as you can without any malicious intent. You cannot change the past and fact, so go for it. There is a high chance that they won't question you anything.
That being said, You should definitely apply and be as much truthful as you can without any malicious intent. You cannot change the past and fact, so go for it. There is a high chance that they won't question you anything.
RegularGuy said:
If this is the all, it shouldn't not reveal anything at all. It seems like a regular check and the visa I used to enter in US was expired after 6 months during the stay. Afterwards, I get the extensions in every six months and was never get anything in the passport. Now, I have a new passport (the old one expired ) and only have entry stamp in the home country.
I think those who aren't sure about how CIC can get your past immigration information should know that the US, Canada, Australia, UK, Japan and few other countries have signed an information sharing treaty in 2012 according to which they will be notified about your past immigration record if you were convicted. It will come to fore as soon as you give your biometric finger prints in Canadian High Commission.
Similar threads
