A few questions, Maybe I can get some answers

[nathan1985]

Hello,

Here is my situation, I am Mexican Citizen who is living in the U.S illegally. My parents brought me to the states as a child and because of the immigration laws in the U.S I have remained in limbo for the last 17 years. After waiting this long I finally realized that there will never be reform and that I am essentially wasting my most productive years in hope that I might become legal. And if the U.S doesn't want someone who is responsible, hard working, honest, and dedicated then I will take my talents elsewhere.

Now, I have two college degrees, I speak, write, read, English at a High Skill Level, I have work experience in fields ranging from Technology, to Farming and everything in between. Basically I have made the best out of the situation I was put in.

Now to my questions,

1. Since I am an illegal in the U.S can I apply to Canada without getting in trouble by Canadian officials.
2. is the work experience that I have accumulated in the U.S virtually worthless because I was here illegally.
3. if I went to Canada as an illegal what would be the chances that I could adjust my status once I'm there.

I know this might have turned into a small essay but I would really appreciate any and all of the help that I can get on these questions.

Thanks in advance

[Leon]

1. Yes, no problem.  If you qualify to apply under the skilled worker program, you can do that.  If not, you can try to find an employer to sponsor you for PR under PNP.  Getting any temporary permit like a work permit or study permit could however be hard with a history of being illegal somewhere.  PR is different because you can't overstay a PR so being illegal in the US will not be held against you.

2. If you get employers to give you experience letters, no problem.

3. It will be hard to adjust your status if you go to Canada illegally.  Even if you find an employer and try to apply for a work permit, they would be reluctant to give you any kind of temporary permit when you have shown you don't feel like following the rules.  If you came illegally, why would they believe that you would respect the boundaries of a temporary work permit?  Even if you leave again to cover that you were in Canada illegally, it would be hard to get a temporary permit with a history of being illegal in the US.

[nathan1985]

Thanks for the advice, so in your opinion it would be best for me to apply for PR? What would be the
The best way or source of applying to Canada, would you recommend I get a lawyer or apply at a Ca
Nadian consulate?

[ylubme]

When you apply work visa from Canadian consulate in US. they will require you to present document supporting your legal status in US(e.g. I-20, ...)

[Leon]

You don't need a lawyer to apply but you can get one if it makes you feel better.  You will have to follow the instructions for the application you qualify for.  With Skilled worker, you mail them to Canada but you can not get processed through the US visa office unless you at some point had at least a one year visa to the US.  Since you were always illegal, you must apply through the visa office in your country of nationality but it is unlikely that you will have to go there.  Mostly it's all done through the post.

[nathan1985]

Leon

Just so that I am clear, I can apply for PR to Canada without leaving the U.S? and if that is the case, what place or website is the official site for applying. I think I know what site it is but its always best to have a second opinion.

and in your opinion would it be easier to say immigrate to Manitoba than say Alberta? do provinces have different quotas or will my skills be evaluated and depending on where they need someone with my skills that is where I will be chosen for.

Thanks for the help

[Leon]

Yes, you can apply without leaving the US.  Applying through your homeland, if you apply under the skilled worker program, it is possible that at the end stage of your application, they might call you for an interview and then you would have to go there but this is not that common.

The website is http://www.cic.gc.ca/

You will have to figure out what you qualify for.  If your occupation is among the most wanted for skilled worker and you have enough points, you can apply for your PR under that program without a job offer and you can settle anywhere in Canada although you must land outside Quebec since they have their own program.  If you are not in one of the chosen occupations, you can still apply if you have a job offer.

If you apply under Quebec skilled worker, you should land in Quebec but after that, you may move.  For this program, it helps if you know French.  You do not need a job offer to apply but you can get points if you do.

To apply for PR under the provincial nominee programs, you usually need a job offer unless you qualify for something else, sponsored by family, investor etc.  It is not easy to find an employer who will sponsor you so if you find one in Manitoba, you apply there, if you find one in AB, you apply there.  It is unlikely that you will have many employers lined up who want to sponsor you.  Most people have problems finding one.

[nathan1985]

Leon

Would you be so kind as to guide me in the right direction, for applying through my homeland.
I would also be applying as a cook and I easily reach the required points my score was a 90.

Thanks for the help Leon

[Leon]

You seem to have found the cic website so just follow the instructions.  You will find the skilled worker application package here: http://www.cic.gc.ca/english/information/applications/skilled.asp

On your application form, you would write the visa office requested as Mexico City.  This is really your only choice because as you are illegal in the US and you have not at any point had a 1 year visa to the US, you can not request to be processed in Buffalo.

You would also have to look for the visa office specific forms to see what is needed for Mexico City and fill those out.

[nathan1985]

Excellent I thank you for your advice and directoin.