Legal Status for outland applying?

[roverb]

This is a question stemming off another thread I started.

I know in Canada a spouse does not have to have legal status to apply inland, does the person have to have legal status in Canada if they apply outland?

(fyi it's related to my situation as I have been here in Canada (USA citizen) for 11 years with no legal status. I am now married to a Canadian and figuring out my best option for applying for PR)

[Admirable]

You should apply outland via Buffalo. That way, if your app is refused you can appeal. Outland is also a shorter processing time compared to that of inland.

Best of luck.

[roverb]

Thank you for your time, this is what I have been told before as well.

As I remember it, you pick your preferred office somewhere in the application, correct?

[Admirable]

Yes you can. Choose Buffalo as your visa office.

[roverb]

Thank you for your advice. Someone else said going for the interview is a risk because I may not be able to come back but I can't risk applying inland and losing any chance of appeal (heaven forbid I need one)

[wsongco]

i think before you submit anything in the immigration you have to settle your status in canada. As you said your illegal in canada for 11 yrs meaning you are inadmissable due to overstay. Maybe you have deportation notice long time ago. I suggest hire a lawyer.

[roverb]

Actually I've been told that being out of status does NOT make inadmissible? That's the whole reason they allow out of status spouses to apply?

And why would someone get a deportation order? When I originally came here, (before 9/11!) they asked for no passport, nothing was stamped or marked, and I've never broken a law here or been asked to leave.

[Admirable]

You cannot appeal an inland application and inland is an extremely longer processing time.
Outland is faster and shorter processing time. You can also appeal if refused. If you are called for an interview, you will have to travel to Buffalo. If you're not, even better. I don't think you'll have any problems returning to CA as your passport wasn't stamped. You should be returning as a PR.

[roverb]

If I have an interview, I will arrive back in Canada as a PR if approved......

If I do not have any interview request, then you simply wait for PR in the mail?

[Harju]

The policy that allows out of status spouses to remain in Canada during the processing of a PR application is a public policy that applies to Inland applications only.  I would do everything I could to confirm that it applies to an Outland application before submitting.  I'd love to be wrong, but I have never seen anything similar referred to for an Outland application. Maybe Admirable can provide his source of information.

[roverb]

I too would love anyone to reply with more insight, sources or information about this one way or another.

[jamaicanincanada]

I don't see why you wouldn't be able to apply outland through Buffalo especially since you are an American. As someone said before the only hiccup probably would be if you were to be called for an interview in Buffalo and then have to wait for days or weeks for a decision to made  on the application. Coming back to Canada without the COPR might be a problem. I would suggest going over to Buffalo thread and posting the question over there. You probably could get some insight from the folks over there.

[rjessome]

Actually I've been told that being out of status does NOT make inadmissible? That's the whole reason they allow out of status spouses to apply?

And why would someone get a deportation order? When I originally came here, (before 9/11!) they asked for no passport, nothing was stamped or marked, and I've never broken a law here or been asked to leave.

No, it doesn't but if you are deported you need an ARC to get back.  However, if you are not on their radar then you can apply outland.  But you have to admit to your overstay and be honest about where you've been living for the last 11 years.

[Admirable]

   @   Roverb If you don't require an interview, you will get a passport request from the visa office. You will then mail your passport to Buffalo with a pre-paid return envelope.  When  you receive your passport, you will have your visa in it.  However, there has been a change.  Due to the fact that you are from a visa exempt country (the U.S.) you will not be issued a visa. You will be given your COPR. You can do a flagpole landing or land within CA at a cic office.

Jamaicanincanada & Rjessome are correct.  Being that you are an American Citizen, I really don't see any problems coming your way.  Added to that, your passport wasn't stamped so you're off their radar...Just be honest on your application because misrepresentation can lead to a refusal.

[roverb]

Thank you so much for your time.

I asked this same question on another forum last night and got a totally different answer. So I am really feeling confused and frustrated this morning. I do as much research as I can on my own but it doesn't seem to compare to talking to people with real experience, however on the other forum the response I got was that I will be likely hasseled for my overstay, and I should LEAVE Canada to remedy the overstay and apply outland from out there. They also said I will have to likely PROVE I entered Canada legally no matter how I apply, out or in, if I stay and apply instead of curing my overstay first by leaving canada??? What I dont udnerstand about that, is if I cure my overstay or not, I still have to explain where I have been living for the past ten years on my application.

Grrrr sometimes I feel like I will just need a lawyer even though I am fully capable of researching this myself. Every turn gives me a different answer.