overstaying in the US & fbi clearance question..would i be refused? (LMIA)

[franaco027]

Hi,..im currently in the US but my visa has expired. I have a job offer to canada. my question is
1. fbi clearance- would it be a red flag?
2. would my application to canada be refused because i overstayed in the US and they would check on that? thanks?

 

[scylla]

Hi,..im currently in the US but my visa has expired. I have a job offer to canada. my question is
1. fbi clearance- would it be a red flag?
2. would my application to canada be refused because i overstayed in the US and they would check on that? thanks?

1. This won't be an issue.
2. You have to declare your overstay in the work permit application and yes, this may very well impact your ability to get a work permit to Canada. It will depend on the circumstances and factors like how long you have overstayed. You'll need to state your current status in the US as part of the application and will need to be honest when you answer this question. The US and Canada share immigration information extensively so there's really no way around telling the truth. If you try to hide your true status, you'll put yourself at high risk for a 5 year ban from Canada for misrepresentation.

 

[shineone]

Hi,..im currently in the US but my visa has expired. I have a job offer to canada. my question is
1. fbi clearance- would it be a red flag?
2. would my application to canada be refused because i overstayed in the US and they would check on that? thanks?

Hi there! Did you apply for the work permit and were you approved?