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Author Topic: Out of Status in US, Looking to go to Canada as student or Spouse.  (Read 807 times)
Prakash611
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Posts: 1


« on: January 08, 2009, 06:08:30 pm »

I am looking to find immigration lawyers for applying to Canada. I have few questions, which I would appreciate if I could get answers to from anyone here.

1. I have been out of Status in US for few years. Does that affect in any way my going to Canada? Can I apply for Student Visa to study Masters? I have finished Bachelors Degree from US College.

2. If i dont have enough points to qualify for PR or I cannot get student visa, I am thinking of getting married to my girlfriend, and going there under spouse visa. My gf is working in H1B visa here, and she will get PR relatively easily. Is it possible for me to go as her spouse.

3. Having been out of status, can i go directly from here to Canada if approved or do I have to go to Nepal to get my visa stamped.

Would appreciate very much if anyone who knows could provide some insights into those questions, and as my situation is somewhat complicated, I think it would be necessary to consult with a lawyer first. If anyone knows of good lawyers, that would help very much.

Thanks.
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PMM
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Posts: 6570


« Reply #1 on: January 08, 2009, 07:36:43 pm »

Hi

I am looking to find immigration lawyers for applying to Canada. I have few questions, which I would appreciate if I could get answers to from anyone here.

1. I have been out of Status in US for few years. Does that affect in any way my going to Canada? Can I apply for Student Visa to study Masters? I have finished Bachelors Degree from US College.

2. If i dont have enough points to qualify for PR or I cannot get student visa, I am thinking of getting married to my girlfriend, and going there under spouse visa. My gf is working in H1B visa here, and she will get PR relatively easily. Is it possible for me to go as her spouse.

3. Having been out of status, can i go directly from here to Canada if approved or do I have to go to Nepal to get my visa stamped.

Would appreciate very much if anyone who knows could provide some insights into those questions, and as my situation is somewhat complicated, I think it would be necessary to consult with a lawyer first. If anyone knows of good lawyers, that would help very much.

Thanks.

1.  Being out of status in the US pretty well ensures that you will not get a study permit for Canada, as CHC will doubt that you will leave Canada at the end of your studies, as shown by your overstay.
2.  Unless your GF's occupation is on the list of "38" it may not be as easy as you think for her to get PR status in Canada.  http://www.cic.gc.ca/english/department/media/backgrounders/2008/2008-11-28a.asp  Then her only chance is Alberta PNP for H1Bs  http://www.albertacanada.com/immigration/media/AA_albertaawaits_issue4b.pdf

PMM
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