HELP PLEASE!

[Dhue88]

I have dual citizenship in the US and Canada. My fiancé is an illegal immigrant from Guatemala who lives with me in California. Is there any way for me to sponsor her to become a Canadian permanent resident without her going back to Guatemala? She has a Guatemalan passport from the consulate her in Los Angeles.

[scylla]

How did she enter the US?

Any chance she entered the country legally and was granted a stay of at least one year when she originally entered (e.g. one year or more study permit, one year or more work permit)?

[Dhue88]

How did she enter the US?

Any chance she entered the country legally and was granted a stay of at least one year when she originally entered (e.g. one year or more study permit, one year or more work permit)?

No. She was brought in illegally by her parents. No inspection at the border.

[scylla]

Unfortunately that means she will have to apply through Guatemala and if an interview is required, it will be held there and she will have to leave the US to attend it.

Make sure you are 100% honest about her history in the application. Her illegal status in the US will be forgiven by Canada. (Omitting this kind of history only leads to problems later.)

Also, hopefully you are aware that she will be banned from the US as soon as she leaves (likely for 10 years - but it depends on how long she has been illegal and how old she is). Is there any way you can legalize her status in the US before you move to Canada? That would be the better way to go if at all possible to avoid the ban and allow her to visit the US over the next 10 years. You should be able to adjust her status if you can show sufficient hardships.

[Dhue88]

Unfortunately that means she will have to apply through Guatemala and if an interview is required, it will be held there and she will have to leave the US to attend it.

Make sure you are 100% honest about her history in the application. Her illegal status in the US will be forgiven by Canada. (Omitting this kind of history only leads to problems later.)

Also, hopefully you are aware that she will be banned from the US as soon as she leaves (likely for 10 years - but it depends on how long she has been illegal and how old she is). Is there any way you can legalize her status in the US before you move to Canada? That would be the better way to go if at all possible to avoid the ban and allow her to visit the US over the next 10 years. You should be able to adjust her status if you can show sufficient hardships.

I was afraid of that. I've tried everything to legalize her here but I'm at a dead end. Legalizing her in Canada was my second option. She's been here since she was 9 and she is 21 now.

[scylla]

I was afraid of that. I've tried everything to legalize her here but I'm at a dead end. Legalizing her in Canada was my second option. She's been here since she was 9 and she is 21 now.

There's no guarantee she will need an interview (many aren't asked to interviews). So there is a chance that you can complete the process without having her leave the US. However if she needs an interview - she will have to leave the US to attend it.

[HBENZ]

true that