U.S. Citizen/Undocumented partner living in the U.S.

[socialchog25]

Hello,
I am writing on behalf of a friend who is an American born U.S. citizen.  He has been in a long-term conjugal relationship with his domestic partner for over 10 years here in the U.S.  I want to know if he can apply for Canadian Residency and also petition his partner to come live in Canada.  His partner has no legal status in the U.S.
If this is possible:

Can it be done from the U.S. or would the undocumented party need to return to his contry of origin?

Would they need to be seperated?  Would the U.S. citizen need to move to Canada for a period of time while waiting for his partner's approval?

How long will the process take for the U.S. citizen to become a Canadian Resident? 

Can a Canadian Resident petition a conjugal partner or is that benefit reserved for Canadian Citizens?

The U.S. Citizen is a Nurse-is this a skill that will help in the process?

They are a beautiful couple and deserved to live together for the rest of their lives together with legal status for both.

Any input will be greatly appreciated.

[Leon]

A nurse can get a job in BC, easy as pie but conjugal partner is very hard to qualify under immigration.  If they have lived together at least for a year, they can qualify as common law or they can get married.  When the nurse is applying for job and temporary work permit, he should include the partner on the application for a request for open work permit.  That way they can move together and both work.  Nurse will apply for permanent residency through a provincial nominee program, takes less than a year and includes the partner on the application.  3 years in Canada as PR and then they can apply for citizenship.

[GK]

If the undocumented immigratant was leaglly admitted to the US for at least 12 months (and overstayed) both can apply via Buffalo, NY and the undocumented doesn't have to return to his/her country of origin. If he/she crossed the border into US illigal then he/she must return.

US applicants for Skilled Worker takes 16-25 months.

[ssanndy]

If the undocumented immigratant was leaglly admitted to the US for at least 12 months (and overstayed) both can apply via Buffalo, NY and the undocumented doesn't have to return to his/her country of origin. If he/she crossed the border into US illigal then he/she must return.

US applicants for Skilled Worker takes 16-25 months.

I thought they said that its the status of the primary applicant that really matters. What if the spouse enters on a visitors visa then overstays could he apply with her through the Buffalo Office?

[GK]

good point ssanndy - yes, I believe that is correct

[ghiaskhan]

Although Its a comlicated one! We may solve it if we know
Whats her nationality ?
Has she enered the US legally?
For how long she has stayed in the US?
Does she have her travell documents at all?
Is she a stateless person?

[mjsantos]

My case is different. I came to US legally and Admitted with the I-94 form for 6 months legally. Then, overstayed. I was ilegal then Became legal for 3 years with work permit. Within these 3 years, I went back to my home country and when I came back to the US, the let me in and I got another I-94 with entrance in 2002 and saying that I was allowed to enter to adjust my status until 2003. Exactly one year. Then, they denied my application because they claimed to appear for my interview. Now I have no legal anylonger. Can I apply to Buffalo, NY?

[todiefor]

My case is different. I came to US legally and Admitted with the I-94 form for 6 months legally. Then, overstayed. I was ilegal then Became legal for 3 years with work permit. Within these 3 years, I went back to my home country and when I came back to the US, the let me in and I got another I-94 with entrance in 2002 and saying that I was allowed to enter to adjust my status until 2003. Exactly one year. Then, they denied my application because they claimed to appear for my interview. Now I have no legal anylonger. Can I apply to Buffalo, NY?

I believed you can apply in Buffalo, NY. Your previous entry in the US has no more bearing. The latest I-94 is the most important coz you can prove that you have 1 year of continous legal stay in the US. If you have payslip and filed a taxes, you can also include that on your application as additional document.

We're in almost same situation, I arrived in US year 2000 with I-94 up to 3 yrs. but I lost my job 2001. I became out of status 2001 but continous to work and filed my income taxes from 2000 up to present. I have filed my application in Buffalo, NY on Jan 2008, so far it's progressing very quickly (thank God), my family and I just completed medical and waiting for passport request and visa stamping.

Just do it, apply in Buffalo and let the immigration decides. If your still in doubt, consult a lawyer so you will have a peace of mind.

[mjsantos]

Thanks Todiefor. I hope you can help me with these questions bellow.
A. So, When you sent the application, what documents(Original or Coipes) did you send along with the application? I am confused what to send with the application and what to send later.

B.Also, in the application, they ask the funds we have, what is the amount that you put in there?

C. Did you take the IELTS test? Where? I live in NYC and I got a bachelor degree from here.

Thank you.

[todiefor]

Thanks Todiefor. I hope you can help me with these questions bellow.
A. So, When you sent the application, what documents(Original or Coipes) did you send along with the application? I am confused what to send with the application and what to send later.

B.Also, in the application, they ask the funds we have, what is the amount that you put in there?

C. Did you take the IELTS test? Where? I live in NYC and I got a bachelor degree from here.

Thank you.

A. I send these documents (entire family) together with the application: birth certificates, marriage certificates, xerox copy of passports, pictures, job offer from my previous and current employer, tax returns (2000-2007), transcript of records, diploma,
proof of relative - my wife's uncle in Canada (i.e. PR card, utility bill or bank statement). I submitted xerox copies.

B. For the funds, since we're family of five I put CND$22,343 in the application.

C. I took IELTS in California. You can write a 1 page letter stating your proficiency in English. It might work since your a graduate of NYC. It will still in the disgression of immigration officer if IELTS is needed on your situation.

[todiefor]

mjsantos, pls check this link for scheduled IELTS exam in NY: http://www.ielts.org/test_centre_search/results.aspx?TestCentreID=c6c4c3c1-f22d-4488-ba20-9cb15a40b91d

[mjsantos]

I do not have the amount I need right now since I will need CA $ 16.250,00 for a family of three. I am trying to get a job offer so that I do not have to come up with all this amount. Which one did you send copies and which one did you send the originals?

Thanks.