Overstay in USA on Vistors Visa Applying for Work Permit
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Author Topic: Overstay in USA on Vistors Visa Applying for Work Permit  (Read 3416 times)
Bobby123
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« on: March 24, 2009, 07:14:09 am »

Dear All,

I am so glad that to have a information regarding this supportive website!

I would really appreciate if  someone can help me in the following situation.

I reach USA in July 2001 and received six months entry till January 2002.  While due to some preganancy compliation i have to over stay and followed by my nursing lisence process I have to wait till 2003.  After receving the nursing lisence and employment offer i tried to get the legal status but was not able to get due to continious chanages in the immigration law.  As I was not aware of the immigration law i return back to my home country in July 2004 by my own wish without any deportation or any legal issues.

After 5 years i get the employment offer from an Canadian hospital, i applied for the work visa, medical and other doucments are submitted to the CIC.  Now they have asked for the detials of overstaying in US. 

Just want to check rather my overstay can be harmful for my work visa or its OK.

I hope someone can help me in this regards!

Regards and best of luch others for there processess.

Smiley
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Dillan_op4
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« Reply #1 on: March 25, 2009, 05:15:23 am »

Hi,

This is just my personal opinion,

I don't think this would be a problem for CIC if you explain them the reasons of your overstay. Always be honest with CIC, that's the best to get a visa. In the case they don't grant you the visa, you'll get an explanation from them and then you will be able to solve the problem before starting a new application.

Byee
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Bobby123
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« Reply #2 on: March 26, 2009, 03:48:52 am »

Thanks for the reply!

Really appreciated and I am hoping for the BEST!

Regards

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NewYorker
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« Reply #3 on: March 26, 2009, 11:44:40 am »

Dear All,

I am so glad that to have a information regarding this supportive website!

I would really appreciate if  someone can help me in the following situation.

I reach USA in July 2001 and received six months entry till January 2002.  While due to some preganancy compliation i have to over stay and followed by my nursing lisence process I have to wait till 2003.  After receving the nursing lisence and employment offer i tried to get the legal status but was not able to get due to continious chanages in the immigration law.  As I was not aware of the immigration law i return back to my home country in July 2004 by my own wish without any deportation or any legal issues.

After 5 years i get the employment offer from an Canadian hospital, i applied for the work visa, medical and other doucments are submitted to the CIC.  Now they have asked for the detials of overstaying in US. 

Just want to check rather my overstay can be harmful for my work visa or its OK.

I hope someone can help me in this regards!

Regards and best of luch others for there processess.

Smiley

Your overstay should not be an issue, as Dillan said, just tell the truth and explain what you just explained here, you should be fine.
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Bobby123
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« Reply #4 on: April 18, 2009, 12:32:18 am »

I got my visa refusal today on the overstay!

Do anybody help me giving advice regarding reappeal or any other procedure.  As today i have also received my nursing eligibility from the College & Association of Registred Nurses of Alberta.

please help Sad
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NewYorker
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« Reply #5 on: April 18, 2009, 01:24:04 pm »

Very sorry to hear that. Are you sure the refusal is because of overstaying or because of statement you gave for overstaying. I have never heard that they refuse a visa because of overstay, but this is my first time. They usually give visa to people who do not even have a status in the US and overstayed for years and years.

You can definitely appeal but ensure your statement stays the same throughout and have all your ducks in a row for the process.

I hope you get a positive outcome.
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PMM
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« Reply #6 on: April 18, 2009, 01:39:07 pm »

Hi

Very sorry to hear that. Are you sure the refusal is because of overstaying or because of statement you gave for overstaying. I have never heard that they refuse a visa because of overstay, but this is my first time. They usually give visa to people who do not even have a status in the US and overstayed for years and years.

You can definitely appeal but ensure your statement stays the same throughout and have all your ducks in a row for the process.

I hope you get a positive outcome.

The difference is that the OP was applying for work permit in Canada (visitor with permission to work) and she has previously overstayed her visitor status in the US so Canada has decided that she is likely to overstay her status in Canada.  What you are referring to is applicants who have overstayed in the US and applying for Permanent Residence in Canada.

PMM
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PMM
Bobby123
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« Reply #7 on: April 19, 2009, 12:07:23 am »

Dear Both
Thank you for your valuable comments and support!

I am planning to reappeal on the dicision on the work visa (can its a better idea?) OR i can let this application down and process the PR.

But i am not sure what are the chances?  Please suggest!

By profession i am registered nurse and have the eligbility to work in Canada as a registred nurse and also have my re arrage employment.

Please comment and support!

Thanks
Smiley
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NewYorker
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« Reply #8 on: April 19, 2009, 02:27:45 am »

As per PMM, you should look to apply for PR instead of work permit. If you have employement offer, it will be fast.
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todiefor
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« Reply #9 on: April 19, 2009, 05:16:48 am »

If you overstay in the US, you must prove to CIC that you were admitted legally in the US for 1 or more continuous year. Based from your post, you were in the US for 6 months and maybe the reason for denying your application.
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Bobby123
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« Reply #10 on: April 19, 2009, 11:08:55 am »

Dear NewYorker,
Thanks for your continious support and guidance.

I came to know that I can apply in the fast track program but can you please let me know which cetagory i have to apply and i have the employment letter from Calgery and which form i have to filled in skilled workers program.

I am getting confiused to see so many forms on the website.

Thanks

Smiley
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NewYorker
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« Reply #11 on: April 19, 2009, 11:35:48 am »

Look for your profession in the 38 list, or just apply because you have employment offer even if you are not on the list. Apply in your profession category - "RN" if you are no ton the list, you still can apply, but don't change the statement you gave them for overstay in the first application.

Good Luck!
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NewYorker
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« Reply #12 on: April 19, 2009, 11:41:00 am »

If you overstay in the US, you must prove to CIC that you were admitted legally in the US for 1 or more continuous year. Based from your post, you were in the US for 6 months and maybe the reason for denying your application.

So one year overstay is OK but not six months? I guess the problem is already outlined in PMM post and that was the problem in getting rejection for WP. If it was PR, then it would be fine with explanation.

The one year stay you are talking about is a condition to apply from US, OP applied from his/her home country.
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Bobby123
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« Reply #13 on: April 19, 2009, 11:49:29 am »

Can you please guide me which form i have to filled for myself and my spouse.

Thanks

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