got deported from usa

[human]

hi, i got resently leaved usa due to immigration judge decide that my case fruvilous. i aplied for assylum through wrong people that lied to me. now i banned forever to entering usa. I never commited any crime in usa.
 now iam thinking to immigrate to Canada by skilled program, my dream is to live in canada.
my question is will that case above not let me get citizenship of Canada when it gets to the point when they reguest FBI fingerprints?
Thank you.

[matthewc]

If your "dream" is to live in Canada, why would you make a bogus asylum claim in the USA. If you're skilled enough to qualify for the SWP program, you're smart enough to understand that it's people abusing the system like that that mean genuine refugees fleeing persecution are delayed for years in a system bursting trying to separate out the bogus claims from the real ones.

Unfortunately I doubt your bogus claim will have much effect on any applications you make to Canada, but you should know that Canada assesses background and criminal records when you apply for residency, not just when you apply for citizenship.

[Leon]

When you are applying for PR of Canada, they are not too concerned about you having been illegal or having been deported from other countries as long as you don't have a criminal record.

[SFD]

Leo

When requesting the police clearance certificate since we used to live in Florida, we received from Florida Department of Law Enforcement for both of us with No Record. However, the one from Virginia (FBI) shows in my wife Record 8 U.S.C. § 1182 (7) (A) (i) (I), as an immigrant without an immigrant visa.  In 2005, my wife flew to U.S.A. and after passing first check, she went to Agriculture where the Officer started to ask many questions. At last, my wife had to sing the expedital forms and went back to her country. She was fingerprinted and that appeared in her FBI Record. However, we have NO CRIMINAL RECORDS. THAT IS THE ONLY THING THAT HAVE HAPPENED IN OUR LIVES WITH AUTHORITIES.

Will this affect ME AS APPLICANT under the FSWP process with CIC? 

SFD

[Leon]

SFD, I don't see why it would affect your immigration at all.  It is not a criminal offence to be an immigrant without an immigrant visa and since you are both applying for PR, it will be impossible for your wife to repeat this infraction in Canada since she will have PR.

This is why they don't worry about people having been illegal in the US, because once they get PR in Canada, you can not overstay a PR.  They might be worried about the same people coming to Canada on a work permit or visit visa if they have an overstay history but not for PR.  People who are illegal in the US or whose spouse is illegal in the US have even applied for PR through Buffalo and have been accepted.

[SFD]

Hey Leo

Thanks a lot for your reply!!! That was an isolated act that did not bring any criminal or civil consequences.

Take care

SFD

[adrijan]

hi i got deported from the states due to overstay, im a canadian citizen and i was not aware at the time that canadians can stay 6 months in a year period in the states so i went to the states in 2008 jan after six months i came back to toronto thinking to extend my visa to make a exit, and than i went back to the states, after 5 or 6 months i was staying in Los Angeles and the time came to extend my visa so i was thinking instead of canada i will extended in mexico, i went to mexico the Tijuana border my friend drove we enter mexico made a u- turn and in line to enter the us, the officer asked me what am i doing in mexico i told him i came to make a exit and extend my visa she star laughing, after they took me to jail and i had to spend 38 days in jail so they can deport me to toronto, the immigration officer told me that i dont have to worry im not being charged for anything its just a overstay, and i will be band from the states for 5yrs
im reading in other forums i see its 3 yrs.
so after 5 yrs i will be able to enter the states or i will need waiver?
and i want to apply for a work visa in the states this will affect my chances of getting visa?   

let me know pls

[SFD]

SFD, I don't see why it would affect your immigration at all.  It is not a criminal offence to be an immigrant without an immigrant visa and since you are both applying for PR, it will be impossible for your wife to repeat this infraction in Canada since she will have PR.

This is why they don't worry about people having been illegal in the US, because once they get PR in Canada, you can not overstay a PR.  They might be worried about the same people coming to Canada on a work permit or visit visa if they have an overstay history but not for PR.  People who are illegal in the US or whose spouse is illegal in the US have even applied for PR through Buffalo and have been accepted.

Hi Leo,

I am already in Canada. The Immigration Issue from the USA never became an issue with the Canadian PR process.

At first, I was some how worried that it could affected but it never did...

SFD

[rahimhu]

Hi SFD,

I have a similar situation related to this discussion. I was ordered removed from USA back in 2002 and i've been living in my home country since i was removed from USA. I have applied for Canadian PR and on my PR application i have mentioned every thing as occurred during removal proceedings. Now CIC has asked me to provide them complete details along with court documentation explaining on what grounds I was removed etc. I wanted to know as you had mentioned that you are now in Canada and removal from USA did not affect on your PR application... Did you had to go through lengthy processing due to this issue and what other information (Hypothetically) did they acquired from you... 

Your feedback in this regard will be highly appreciated.

Regards, 

[SFD]

Hi SFD,

I have a similar situation related to this discussion. I was ordered removed from USA back in 2002 and i've been living in my home country since i was removed from USA. I have applied for Canadian PR and on my PR application i have mentioned every thing as occurred during removal proceedings. Now CIC has asked me to provide them complete details along with court documentation explaining on what grounds I was removed etc. I wanted to know as you had mentioned that you are now in Canada and removal from USA did not affect on your PR application... Did you had to go through lengthy processing due to this issue and what other information (Hypothetically) did they acquired from you... 

Your feedback in this regard will be highly appreciated.

Regards, 

Hi Rahimhu,

It was my spouse the one who was in that situation. Perhaps, the fact I was the main applicant never became an issue.

However, the FBI record showed it and we just provided an explanatory letter about what happenned. Nothing else.

SFD

[rahimhu]

Thank you, very much for all your cooperation and valuable feedback. I truly appreciate it !

[Niloy]

Hi,

I lived in the US for 5 years. When my application for permanent residence was finally denied, I took the voluntary departure option and left USA. I don't have any criminal records in the US but I was once detained for overstaying (was finger printed in the immigration jail) and came out of immigration jail on bail. I have been leaving in my home country since I left USA. Now I want to immigrate to Canada. Can anybody please tell me :

1. if US immigration records voluntary departures on FBI files?
2. if CIC checks FBI records for all applicants regardless of their country of residence? Or CIC just checks FBI records for the applicants who applies from within USA.
Thanks.
 

[Leon]

Niloy, you are suppose to provide the police clearance for all countries you lived in for more than 6 months after the age of 18, including in your case FBI records.  However, overstaying is not a criminal offense so it will not have any effect on your immigration to Canada.

If they knew you overstayed in the US, it could blow your chances at getting a temporary permit in Canada like work or study because they would consider you a risk to overstay but if you are applying for PR directly, they do not care because it is not possible to overstay when you have PR.

[SFD]

Hi,

I lived in the US for 5 years. When my application for permanent residence was finally denied, I took the voluntary departure option and left USA. I don't have any criminal records in the US but I was once detained for overstaying (was finger printed in the immigration jail) and came out of immigration jail on bail. I have been leaving in my home country since I left USA. Now I want to immigrate to Canada. Can anybody please tell me :

1. if US immigration records voluntary departures on FBI files?
2. if CIC checks FBI records for all applicants regardless of their country of residence? Or CIC just checks FBI records for the applicants who applies from within USA.
Thanks.
 

Niloy,

One piece of advice: When you fill the application, MENTION this. Otherwise, you will be banned to enter Canada for al least TWO years.

Please read my previous comments in this same thread. (Wife's case)

Just don't worry too much. As long as you have no charges and you mention it on the application, YOU WILL BE FINE.

Leon has explained better.

Good luck,

SFD

[Niloy]

 @  Leon and SFD

Thanks a lot for your input and suggestions.

Could you please tell me if immigration records (overstay with no criminal background)  go into FBI records? Thanks.