Please accept me as Newbie..I likely to file an application to NS this week...but i have one question..!! I was legally admitted in new york and stayed legally for around 14 months...now i'm out of status.!! Can they process my application.?
I think having lived in the country for one year or even more with an "out of legal status situation currently" is not good at all to apply to the visa office serving that country, and even is not going to give a good impression about you to the immigration officer who will process your case. If your start point with them is: "Out of legal status", then how do you think they will trust your documents !
There are many considerations you have to think about before you apply:
1- Usually in any country around the world for any kind of visa applications to canada, the canadian embassies ask the applicants to submit prove of their current
legal status in that country during the date of the application as well as a prove that you have been accepted legally to reside in that country for at least one year. Therefore, to show them that you have been accepted legally for one year or more, but currently are out of status will not be welcomed.
2- If by mistake, they accepted your application at the beginning, they will ask you to update your documents regarding your legal status in that country especially that the immigration applications take long time before the application is finalized. what are you going to do in that situation ?
3- usually they ask the applicants to update the police clearance from the countries where they are currently living, in your case, how are you going to submit the FBI clearance if you are out of status ?
There was a member in this forum from the united states who has done the same exactly and after he got accepted by the CIO, Buffalo visa office asked him to submit evidence of his current
legal status in the USA as an update, he could not do so, and asked to withdraw his application to apply form his home country, and they withdraw his application.
My advice is, do not try to get smart at those people, the immigration officers are not playing, they are very experienced at their job ,have gone through many different cases, and are completely unpredictable in their reactions and requirements. Be legal 100% and ready to submit any documents they might require to be in the safe side. Otherwise, you will be wasting your time and money and will be the only loser in the entire process, as a result, do not blame anyone except yourself.