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Author Topic: Do you need a valid I-94 in order to apply for Canadian Permanent Residency?  (Read 612 times)
2canada2011
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« on: March 14, 2011, 09:45:16 pm »

Hi,

I would like to apply for Canadian Green Card from within US. However my I-94 has already expired. CIC requires a copy of visa from a country you currently live in to be sent along with other documents:

"If you live in a country different from your nationality, include a photocopy of your visa for the country where you currently live."

However they also say that they need a "proof of admission"
"If you do not reside in your country of nationality, provide proof that you have been lawfully admitted for a period of at least one year to your current country of residence. [...]

Submit photocopies of:
•current or expired entry/exit stamps in your national passport.
•current or expired status documents indicating the date you were admitted and the validity.
For USA residents only:
•I-94 card
•I-797
•IAP-66/DS-2019 (for J-1 status)
•I-20 (for F-1 status)

My question is quite simple. Will CIC mind that my current I-94 is expired or will my application be denied because of the I-94?
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2canada2011
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« Reply #1 on: March 15, 2011, 06:56:39 pm »

Anybody please?  Roll Eyes
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krae
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Posts: 46
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« Reply #2 on: March 15, 2011, 07:29:18 pm »

Hello,

As long as you have entered lawfully in the country for a period of one year, the expiration of I-94 will not matter.
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BlueRobin
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Posts: 46
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Category........: QSW
Visa Office......: Buffalo
Nomination.....: 18-06-2010
Med's Request: 23-09-2010
Med's Done....: 20-10-2010
Passport Req..: 11-07-2011
VISA ISSUED...: 02-08-2011

« Reply #3 on: March 15, 2011, 07:45:14 pm »

Please read the line again. "you have been lawfully admitted for a period of at least one year". One could argue that once lawfully entered and stayed in a country for one year, current status does not matter. But in my view applicant's status should be valid during the application processing stage, till landing.
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2canada2011
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« Reply #4 on: March 19, 2011, 09:06:43 pm »

OK, I see that answers are inconclusive. 1 for and 1 against.

Please, does anybody have any experience direct or indirect on how this work and could share? I understand that the process is complicated and many members of this forum are not fully familiar with it. I'm a good example of that. That's why it would be helpful to get non-speculative answer if possible.

I also don't know what to enter on application imm0008 in field #6: "Your Status in That country." Any suggestions? The person that answers gets a big cold beer from me! Smiley
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Yinkuzi
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Posts: 34
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« Reply #5 on: March 19, 2011, 09:14:07 pm »

Ok. I am in the same situation as u are. I have out of status for a while. I used a lawyer though because of that. I already did my medicals last November and awaiting PPR.
I do not think the expiration matters. All that matters is coming in legally and being here legally for at least 1 full year.
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novsaggi
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Posts: 78
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Category........: FSW1
Visa Office......: Buffalo
NOC Code......: 3131
App. Filed.......: 24-09-2010
AOR Received.: 26-01-2011
File Transfer...: 20-12-2011 to Los Angels Office

« Reply #6 on: March 19, 2011, 09:14:46 pm »

can u clarify
do u hv old i-94 stamped in passport
or  r u no longer in legal status
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Yinkuzi
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Posts: 34
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« Reply #7 on: March 19, 2011, 09:19:46 pm »

Both.
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upp942
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Posts: 527
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Category........: FSW1
Visa Office......: Buffalo
NOC Code......: 3233
Pre-Assessed..: Yes
App. Filed.......: 25-May-2010
Doc's Request.: 01-Nov-2010
AOR Received.: 23-May-2011
IELTS Request: submitted with initial application
Med's Request: 02-May-2012 (post mark)
Med's Done....: 24-May-2012
Interview........: waived

« Reply #8 on: March 19, 2011, 09:24:03 pm »

Hi,

I would like to apply for Canadian Green Card from within US. However my I-94 has already expired. CIC requires a copy of visa from a country you currently live in to be sent along with other documents:

"If you live in a country different from your nationality, include a photocopy of your visa for the country where you currently live."

However they also say that they need a "proof of admission"
"If you do not reside in your country of nationality, provide proof that you have been lawfully admitted for a period of at least one year to your current country of residence. [...]

Submit photocopies of:
•current or expired entry/exit stamps in your national passport.
•current or expired status documents indicating the date you were admitted and the validity.
For USA residents only:
•I-94 card
•I-797
•IAP-66/DS-2019 (for J-1 status)
•I-20 (for F-1 status)

My question is quite simple. Will CIC mind that my current I-94 is expired or will my application be denied because of the I-94?

I've read somewhere in this forum that somebody was given, although it has already been a couple of years ago, a PR status even though he was already illegal at the time his application was finalized. I just can't remember where I've read it or what his user name was.
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Application Received by CIO: 31-May-2010
1st AOR: 01-Nov-2010
Full Documents Received by VO: 01-Feb-2011
Processing started: 25-Apr-2012 (as per Ecas)
krae
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Posts: 46
Ratings: +1

« Reply #9 on: March 19, 2011, 09:28:22 pm »

Hey,

As long as you entered legally and for at least one year period and do not have any criminal background, even if you don't have a valid I-94; you can apply for Canadian PR. As for the status in the country, I suggest you put whatever is in your passport or visa. But along with that have an attachment to inform that you have overstayed your visa or for whatever reason your I-94 is not valid. This way you will not be misrepresenting your application.

Best of luck.
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2canada2011
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« Reply #10 on: March 19, 2011, 09:58:04 pm »

Yinkuzi,

I don't mean to poke around in your application, but do you know/remember by any chance what did the attorney advise you to put in field #6 ("Your status in that country") Did you put your original status?


To all others thank you for your time and help. Good luck everyone!
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Yinkuzi
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« Reply #11 on: March 19, 2011, 10:06:37 pm »

Just double-checked it was "out of status"
Goodluck
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2canada2011
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« Reply #12 on: March 19, 2011, 10:14:33 pm »

Yinkuzi,

Thank you dearly for your prompt and honest replies. I think that your answer just helped many people. I wish you and your family all the best in Canada. Good luck!
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abhi812
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Posts: 262
Ratings: +7

« Reply #13 on: April 14, 2011, 10:06:57 pm »

Hi,

I would like to apply for Canadian Green Card from within US. However my I-94 has already expired. CIC requires a copy of visa from a country you currently live in to be sent along with other documents:

"If you live in a country different from your nationality, include a photocopy of your visa for the country where you currently live."

However they also say that they need a "proof of admission"
"If you do not reside in your country of nationality, provide proof that you have been lawfully admitted for a period of at least one year to your current country of residence. [...]

Submit photocopies of:
•current or expired entry/exit stamps in your national passport.
•current or expired status documents indicating the date you were admitted and the validity.
For USA residents only:
•I-94 card
•I-797
•IAP-66/DS-2019 (for J-1 status)
•I-20 (for F-1 status)

My question is quite simple. Will CIC mind that my current I-94 is expired or will my application be denied because of the I-94?


Do you also neeed to submit for your wife
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