illegal in usa

[bzguy]

Hi all,

I have been living in USA for 8 and a half years with my wife and kids. We came here legally with a tourist visa and stayed legally for 6 months until our stay permit expired making us illegals. After a couple years, I got a work permit and used it for 7 months then I moved and it eventually expired without use. I then renewed it but it was eventually void by the immigration department. I only worked legally for those 7 months. I now have a bachelor's degree acquired in USA and would like to apply for either Quebec or any other province in Canada. We are still living in USA in the same situation but would like to know if we can apply before deciding to move back to Brazil (our country of origin) and apply from there. I have 7 years of experience in Brazil and 8 and a half years in USA (7 months legally) all in my area. We are willing to learn French if necessary to immigrate to Quebec. I took the IELTS test and got the following scores:
listening: 7.5
reading: 9.0
writing: 6.5
speaking: 6.5
The test will expire this September so I need to rush if I want to immigrate to Canada.
Are we eligible?

Thank you.

[krae]

Hello,

Check this link

http://www.canadavisa.com/canada-immigration-discussion-board/do-you-need-a-valid-i94-in-order-to-apply-for-canadian-permanent-residency-t66767.0.html

You mention that you have stayed legally in US for 7 months but as per Immigration Canada, it requires any applicant to have legally entered a country for a period of one year. So I am not sure if you are eligible to apply for Canada Immigration. I suggest you consult a lawyer or wait for other folks to input regarding this matter. I hope I am wrong and Best of Luck with your next course of action.

[upp942]

Hi all,

I have been living in USA for 8 and a half years with my wife and kids. We came here legally with a tourist visa and stayed legally for 6 months until our stay permit expired making us illegals. After a couple years, I got a work permit and used it for 7 months then I moved and it eventually expired without use. I then renewed it but it was eventually void by the immigration department. I only worked legally for those 7 months. I now have a bachelor's degree acquired in USA and would like to apply for either Quebec or any other province in Canada. We are still living in USA in the same situation but would like to know if we can apply before deciding to move back to Brazil (our country of origin) and apply from there. I have 7 years of experience in Brazil and 8 and a half years in USA (7 months legally) all in my area. We are willing to learn French if necessary to immigrate to Quebec. I took the IELTS test and got the following scores:
listening: 7.5
reading: 9.0
writing: 6.5
speaking: 6.5
The test will expire this September so I need to rush if I want to immigrate to Canada.
Are we eligible?

Thank you.

hi bzguy,

You can only apply from your country of birth in this situation. Although you have entered the US legally, you have not established a one year legal presence.

[scylla]

On a separate note, you should be aware that you will be given an automatic 10 year ban from the US as soon as you leave the country.

[bzguy]

On a separate note, you should be aware that you will be given an automatic 10 year ban from the US as soon as you leave the country.

Thanks for your reply. As far as I know it's 5 years. That's why we need to be sure if we have a good chance to be approved for a Canadian residency before leaving USA.

[bzguy]

Hello,

Check this link
...

You mention that you have stayed legally in US for 7 months but as per Immigration Canada, it requires any applicant to have legally entered a country for a period of one year. So I am not sure if you are eligible to apply for Canada Immigration. I suggest you consult a lawyer or wait for other folks to input regarding this matter. I hope I am wrong and Best of Luck with your next course of action.

Thanks for your reply. I am willing to go back to Brazil but I need to know if I even have a good chance of getting the Canadian residency. I lived legally for 6 months with a tourist visa, lived illegally for about 2 years, then worked legally for 7 months wile waiting for the response of an application for a work visa (which was denied later on). Since I was waiting for a government's response, I believe I was legal during that time (about 1 year and a half).

[Leon]

You do not actually have to leave the US to apply but you must choose the Brazil visa office for your processing.  In most cases you can do everything by mail, that is unless they call you for an interview.  For example, I applied through London as it was the visa office responsible for my country but I never actually had to go there.

To find out if you are eligible for FSW, read http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp
do the self assessement, calculate your points and also know that you must have at least 1 year continuous experience in an occupation on the most wanted list and the cap for that occupation must not already be full or you have a job offer.

To find out if you are eligible for QSW, you can do the self evaluation here: http://www.form.services.micc.gouv.qc.ca/epi/index.jsp?languageCode=en

If you are eligible without cheating, your chances to get your PR are good.  It may not happen quickly but Canada immigration is not a lottery.  If you qualify, you are in.

[barsindoo]

I concur with LEON. You can apply through Brazil without leaving the USA, only pray that you are not called for an interview in Brazil during the processing of your application.

Believe and it shall....

[scylla]

Thanks for your reply. As far as I know it's 5 years. That's why we need to be sure if we have a good chance to be approved for a Canadian residency before leaving USA.

It's five years if you have overstayed 180 days to less than 360 days. It's ten years if you have overstayed 360 days or more.

Good luck with your decision.

[bzguy]

If you are eligible without cheating, your chances to get your PR are good.  It may not happen quickly but Canada immigration is not a lottery.  If you qualify, you are in.

Thank you Leon. The problem is that they don't have my exact same degree on their list and I don't know if they will accept it since I got it while living illegally in the United States.

[Leon]

As long as you didn't buy your degree through email, you should be fine.  If it was a real college and you actually went to it and studied and took exams, they should acknowledge it.