Will Overstaying in the US effect my application?

[jrianto]

Hi,
I have applied my PR in Feb, 2005. Hopefully medical will be requested anytime soon. I am currently in the US since April 2006 under L1-A visa.

My L1-A visa just expires on Jan 31, 2009. I applied a change of status to B1/B2 to extend my stay in the US while waiting my Canadian PR to complete so that I can move all my furniture and stuff from the US to Canada.

Since the change of status has been declined, I need to leave the US. My question is, if in case I overstayed in the US, say until the PR comes out, probably before July 2009, will this overstay effect my Canadian PR in any way?

If yes, I am planning to enter Canada with a Tourist visa and ship all my furniture there, so we'll stay in Canada for the next 6 months hoping the PR will come out while we are there.

Thank you for your feedback and advice.

 

[links18]

How do you intend to ship all your furniture to Canada if you just have a tourist visa? You will have some explaining to do to CBSA.

 

[claxtonCT]

Mate

If you are the main applicant and you became out of status, it could be a problem for your application. Anyways you cannot move furniture to Canada if you don’t have residency in the country. (Even if you plan to put things in storage), this is due to tax and importation rules. The best for you is to look for a good CANADIAN immigration lawyer, he/she will be able to assist you. Probably they will tell you the best is to try and stay in the US legally somehow or leave to avoid out of status. If you have to leave then you process would have to be transferred to the consulate of your residency's jurisdiction.

 

[Flori]

Hey claxton, so if he wasn't out of status she shouldn't have a problem???

 

[Flori]

Mate

If you are the main applicant and you became out of status, it could be a problem for your application.
So if he wasn't the main applicant, he shouldn't have a problem???
Anyways you cannot move furniture to Canada if you don't have residency in the country. (Even if you plan to put things in storage), this is due to tax and importation rules.
I get this part.

 

[NewYorker]

Hi,
I have applied my PR in Feb, 2005. Hopefully medical will be requested anytime soon. I am currently in the US since April 2006 under L1-A visa.

My L1-A visa just expires on Jan 31, 2009. I applied a change of status to B1/B2 to extend my stay in the US while waiting my Canadian PR to complete so that I can move all my furniture and stuff from the US to Canada.

Since the change of status has been declined, I need to leave the US. My question is, if in case I overstayed in the US, say until the PR comes out, probably before July 2009, will this overstay effect my Canadian PR in any way?

If yes, I am planning to enter Canada with a Tourist visa and ship all my furniture there, so we'll stay in Canada for the next 6 months hoping the PR will come out while we are there.

Thank you for your feedback and advice.

a) If you applied in Feb 2005 from US, then how comes you are here since April 2006, so you mean you applied before you came here?
b) I don't think overstay will be a problem (for Canadian immigration) and I guess if all doors are shut on you, that is the best option you have to stay in US and get your PR first before you leave, however, it is weird that you applied in 2005 and still you don't have an IA done.
c) When they will ask for medicals, and afterward PPR, they will not ask your status, if you get the PR and you overstayed in US that doesn't make you criminal or inadmissible to Canada - it has nothing to do with Canadian immigration. Remember, if you leave, most chances are that they will not transfer your file to your country and your PR will be gone, I am not saying to break the law, however you do not have any other option. And also, you will not have any problem to transfer the furniture from US to Canada even if you are out of status in US, you are taking your own goods to the country you will live forever, although you have to pay lot of duty and tax if you transfer the furniture on a tourist visa and they may ask you as why you are taking the furniture while you don't have any PR.
d) If you go to Canada on a tourist visa, and in the meantime they ask you to do the medicals, and send PPC, then I am not sure how it will work out for you as you will not be in US and you have to complete the medicals there in Canada as well as request the FBI report to be delivered there. Once the ask for PPR, you will need to send the passport to the US and ask CIC to send them back to you in Canada, then you may have to complete the landing in Canada.

 

[ss123]

overstaying may be a problem if you get a call for interview from Buffalo office and you have to enter USA. after overstaying trying to re-enter USA could be a problem

 

[NewYorker]

If you decides to overstay, you don't need to go to Canada and you don't need to re-enter USA. If you have an interview and your status comes up, then you need to explain why you overstayed, Remember, you do not need to lie, it will not make you inadmissible to Canada ~ Just tell the truth if there will be an interview. You need to be legal for one year to be eligible to apply from US for FSW and I think you already showed your status at the time of application. You don't need to keep on proving this again and again.

 

[jrianto]

Thanks NewYorker, you're very helpful. I applied my PR before I went to the US. I applied it from my home country and it goes to the Singapore processing office and their normal processing time frime is 3-4 years.

So what I am planning is to stay here in the US until everything is done and just enter Canada when my PR is approved. About the furniture, I was meaning to ship the furniture using a shipping company, I won't be bringing the furniture myself. So it is like FedEx-ing my stuff to Canada.

Even when I enter Canada after my PR is completed, I will be using a freight company to ship all my stuff to my address in Canada. I think they will take care of everything right.

Can't wait to start living in Canada, I am planing to live in Burnaby, Vancouver. Anybody lives there?

 

[khanm777]

my friend had the same issue just like you. The best think is that you just wait in us once you get your PR then make a final move to canada.

 

[khanm777]

my friend had the same issue just like you. The best think is that you just wait in us once you get your PR then make a final move to canada.

 

[NewYorker]

Thanks NewYorker, you're very helpful. I applied my PR before I went to the US. I applied it from my home country and it goes to the Singapore processing office and their normal processing time frime is 3-4 years.

So what I am planning is to stay here in the US until everything is done and just enter Canada when my PR is approved. About the furniture, I was meaning to ship the furniture using a shipping company, I won't be bringing the furniture myself. So it is like FedEx-ing my stuff to Canada.

Even when I enter Canada after my PR is completed, I will be using a freight company to ship all my stuff to my address in Canada. I think they will take care of everything right.

Can't wait to start living in Canada, I am planing to live in Burnaby, Vancouver. Anybody lives there?

Thanks for explaining, so your file is in Singapore CHC and your visa will be issued from Singapore not from Buffalo NY, but you live in US now. right?

You can send your stuff from a shipping company, however since you do not have a PR in your hand right now, you will be charged for the duty or for storage until you clear your stuff from customs. And to who you will send this to? You need to have a PR status to have these things duty free there in Canada, however you can confirm this from shipping company. Shipping company can hold your stuff, but they will charge for the storage until the time you come and clear the goods from customs that may cost more than your furniture.

See, if your PR comes in Singapore CHC, then you need to go there and get your PR, till then you CANNOT start shipping your stuff unless you want to send this to a friend and the friend has to pay the duties and tax and it will be worthless. You must have a PR to ship your stuff to yourself to make it duty free.

About staying in US, will not make any sense if your visa will come at Singapore, if you somehow transferred the file to Buffalo NY long ago, then it make sense to overstay on your visa and get the PR and then leave with your furniture.