can i immigrate to canada if I am in the united states illegally
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Author Topic: can i immigrate to canada if I am in the united states illegally  (Read 9191 times)
melika22
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« on: August 21, 2009, 02:07:23 am »

Hi I was wondering if I can immigrate to canada if I dont have legal status in the united states.  I was caught at the border once and had an order for removal but I came back to be with my wife and sons.  At this point my wife is a skilled worker and can immigrate to canada under this situation but how will it affect me.  I need help and I need to know what to do from this point forward.  Any help would be great.
Thank YOu
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ImmOfficer
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« Reply #1 on: August 24, 2009, 12:02:08 am »

If by "caught at the border" you mean "I was illegally entering between ports of entry and got arrested by the good folks at US Border Patrol", then you may be inadmissible to Canada.

All depends on what (if anything) you were charged with and convicted of. Canada does not look kindly on people who abuse other countried Immigration systems. If you don't respect them, why would you respect us?
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melika22
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« Reply #2 on: August 25, 2009, 12:41:49 am »

My wife was pregnant and we didnt have a lot of money.  She told the immigration officer that I was a american...yes she lied...she was desperate and pregnant...all we wanted was to be together but she didn't know how to immigrate me and was really impatient.  I know we made a mistake and I am inadmissible to the US now that is why we are trying to do things the right way....she wants to move to canada so that we can live legally in a country together as a family and not be worried all the time...
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ImmOfficer
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« Reply #3 on: August 25, 2009, 12:44:48 am »

If you were charged and convicted, then you are also likely inadmissible to Canada.
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bobine
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« Reply #4 on: August 25, 2009, 08:55:53 am »

hi saralune & melika22
i don't think immofficer did too much!
just giving his opinion i guess...and if u pay attetion u will notice that he always say: IF
and plus we have to tell people what is doable like you just did by telling him to apply now
and do the interview in his home country -which is good!- but here is the question :
IS HE WILLING TO RETURN TO HIS HOME COUNTRY WHEN CALLED 4 INTERVIEW?Huh?
we have start there coz i am afraid to answer no taking in account the title of his post:CAN I
IMMIGRATE  IF I AM IN THE UNITED STATES ILLEGALLY.

NOW here is contribution:
if your wife have a status here in usa let her be the main applicant and while filing the doc put "NO STATUS" 4 u and you'll be fine IF YOUR PCC WON'T any offense.

it's never been easy to be illegally and i share your pain and pray you get things straight
Jah bless u and
good luck

bobine
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ImmOfficer
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« Reply #5 on: August 25, 2009, 05:26:44 pm »

I always say "if" because people rarely give the full truth on the internet. I don't want to say "yeah, no problem, your admissible", and then they print that and show up at the border and give me or my colleagues a headache!

The person who says there is a difference in Immigration and Criminal charges. This is true, however impersonation is a crime in Canada. Therefore this person could have their conviction (or act, if charged and not acquitted) equated to:

Personation with intent

403. Every one who fraudulently personates any person, living or dead,

(a) with intent to gain advantage for himself or another person,

(b) with intent to obtain any property or an interest in any property, or

(c) with intent to cause disadvantage to the person whom he personates or another person,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction.



If convicted of an offence that equates, he is inadmissible under A36(1)(B), if he committed the act but was not charged/convicted then he could be inadmissible under A36(1)(C).
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ImmOfficer
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« Reply #6 on: August 25, 2009, 08:27:47 pm »

With that information, it would appear that it equates to s.29(2)(a) of the Citizenship act. This is solely a summary offence and it wouldn't make him inadmissible if that is the only offence on his record.

Regardless of whether it was under Immigration law or criminal law, it could make him inadmissible. If it happened like you say it did, then I don't think you have too much to worry about. Only way to know for sure is to apply and see what comes out. I can't equate it with 100% certainty or give you a great answer unless I was to have him infront of me so that I could look up his FBI record and equate his offences.
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ImmOfficer
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« Reply #7 on: August 25, 2009, 09:08:11 pm »

Yes, if that is the case it is likely ok.
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Bellavita
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« Reply #8 on: August 27, 2009, 04:00:54 pm »

I apologize for asking a question in someone else's post but I had the same question but my situation is a bit different. I am a citizen of Sierra Leone but have been living in the United States for 19 years illegally. I am now 26 years old and I've always wanted to live in Montreal. The reason for my status is my parents are both very irresponsible and have been dragging their feet in naturalizing me keeping me from any type of real independence. My mother is a permanent resident of the U.S. and my father a citizen of the U.S.  I have never been arrested or convicted of any crime and I am in the process of both learning/reading french and acquiring my college degree. I was wondering what are my options for immigrating to Montreal if there are any.  Any help would be greatly appreciated.

Thank You
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bobine
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« Reply #9 on: August 27, 2009, 07:32:45 pm »

I apologize for asking a question in someone else's post but I had the same question but my situation is a bit different. I am a citizen of Sierra Leone but have been living in the United States for 19 years illegally. I am now 26 years old and I've always wanted to live in Montreal. The reason for my status is my parents are both very irresponsible and have been dragging their feet in naturalizing me keeping me from any type of real independence. My mother is a permanent resident of the U.S. and my father a citizen of the U.S.  I have never been arrested or convicted of any crime and I am in the process of both learning/reading french and acquiring my college degree. I was wondering what are my options for immigrating to Montreal if there are any.  Any help would be greatly appreciated.

Thank You


since you have never been arrested or convicted of any crime or felony you should go ahead and apply.but you have first to apply for quebec selection certificate; if accepted you'll have to submit then for permanent resident.i'm saying this bcoz you said you would like to live in Montreal.
all this will b possible if you were admitted in us legally for a year and then bcame illegal.
other wise you will have to start everything here and finish it at your home country what i guess you don't want to do since you r not sure about the outcome of this if it happened that you were refused visa.
anyway my advise to you is to give it a try...you have a lot to gain than to lose.
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Bellavita
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« Reply #10 on: August 28, 2009, 01:06:00 pm »

Thank you Bobine that is very helpful. But does it have to be a year legally? I was brought here at age 7 legally I believe on a visitor visa and pretty much just overstayed.  Is it more difficult to go into montreal than any other province. I guess I want to gauge what are my chances of them selecting me. Also I read on the CIC site that my country Sierra Leone is one of the countries that Canada accepts resettlement from. I am fearful of having to go back to my country because I've live in the U.S pretty much my whole life and I wouldnt even know how or if I can start a life back there. Sorry about so many questions I just want to be as informed as I can be before starting this process.
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branda
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« Reply #11 on: November 14, 2009, 08:05:30 pm »

Please help my anxious friend.  My friend is a USA citizen and applied for canadian PR under FSW(38 lists).  She got married to her husband last Oct. 2008. They were school mate in their originated country, and lost contact after primary school. Luckly, they both reunited again in USA ,in Oct. 2007, after many years. Now, the issue is that the husband has felony case with USA immigration and has been ordered to go back to his home country. After several researches on how they can migrate to canada without being denied for Visa, She decided to fill for PR under FSW. She filled as the principal applicant, since she has an outstanding record here in USA and has already qualifed for further processing of their application by nova scovia. She has no record of her marriage in USA, but only in their home country they are recognized as been married. She filled with that marriage certificate from their home country. In the application, she stated that her husband is in their home country and has never been to USA or any other country before, and submitted police clearance of her husband from their home country which proved no criminal record.
 1. Now, her question is if they are requested for medical, can her husband do his medical here in USA, since he's still residing here or can he go back to their home country to obtain his without raising red flag to CIC.
2. If her husband leaves USA, he will be banned from returning back due to his felony case.
She needs advice from this forum and any helpful suggestions, and i don't know what to tell her as a friend.
I don't want to give her wrong advice because she said that her reason for doing what she did was that she does not want do live apart from her husband if he's deported from USA. They want to start family. Husband will be in legal status and not fear of any deportation.
Please help this couple. Thanks!
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job_seeker
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« Reply #12 on: November 15, 2009, 08:07:21 am »

Please help my anxious friend.  My friend is a USA citizen and applied for canadian PR under FSW(38 lists).  She got married to her husband last Oct. 2008. They were school mate in their originated country, and lost contact after primary school. Luckly, they both reunited again in USA ,in Oct. 2007, after many years. Now, the issue is that the husband has felony case with USA immigration and has been ordered to go back to his home country. After several researches on how they can migrate to canada without being denied for Visa, She decided to fill for PR under FSW. She filled as the principal applicant, since she has an outstanding record here in USA and has already qualifed for further processing of their application by nova scovia. She has no record of her marriage in USA, but only in their home country they are recognized as been married. She filled with that marriage certificate from their home country. In the application, she stated that her husband is in their home country and has never been to USA or any other country before, and submitted police clearance of her husband from their home country which proved no criminal record.
 1. Now, her question is if they are requested for medical, can her husband do his medical here in USA, since he's still residing here or can he go back to their home country to obtain his without raising red flag to CIC.
2. If her husband leaves USA, he will be banned from returning back due to his felony case.
She needs advice from this forum and any helpful suggestions, and i don't know what to tell her as a friend.
I don't want to give her wrong advice because she said that her reason for doing what she did was that she does not want do live apart from her husband if he's deported from USA. They want to start family. Husband will be in legal status and not fear of any deportation.
Please help this couple. Thanks!

She lied in her application and she herself may be denied on her application.
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ninocalifa
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« Reply #13 on: October 04, 2010, 12:00:27 pm »

 @ ImmOfficer

Here is my situation.
I was married to a US citizen, but my case was denied. The reason why it was denied is that I was only together for 8 months. Then, because they didnīt consider my marriage to be real, what it was, they simply turned me down. Now, they are charging me with marriage fraud. The thing is that I havenīt see my ex-wife for 2 years now and I am living with someone else. This someone else is also an Amrican citizen.
She wants to go to Canada with me also, exactly like the original post.
I was not convicted yet, but I will likely be, cause I have nothing from my marriage and all my friends from that time has been long gone.
Am I still eligible to immigrate under her application?
I am willing to go back to my country and apply from there if necessary.
Thank you
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CPAMATRIX
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« Reply #14 on: October 04, 2010, 10:47:40 pm »

you have been in the US for over 6 months i would imagine
hence  CIO is going to request a PCC from america

ur best bet may be to marry ur current US citizen, wait for a year and then apply for PR.
after which you could make the transistion easily.
even from within canada

Good luck
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