I am a Canadian Citizen who is married to a man who is living in America illegally

[Sweetsue71]

Hi I am living in Canada and is married to a man who is not legal in America. He did not enter the States legally, he has been living in the States for almost 20yrs. He has no criminal record, and no warrant for his deportation. What would the step by step process be in sponsoring him to live in Canada, or is it possible to sponsor him? We just want to be together ASAP.

Thanks in Advance

 

[Miraclejj]

Hi I am living in Canada and is married to a man who is not legal in America. He did not enter the States legally, he has been living in the States for almost 20yrs. He has no criminal record, and no warrant for his deportation. What would the step by step process be in sponsoring him to live in Canada, or is it possible to sponsor him? We just want to be together ASAP.

Thanks in Advance

Is it possible to sponsor him? Yes, absolutely. You just need to follow the instructions of all the forms and provide all required documents, evidences and explanation letters, if any, and submit all those with your application to CIC. Especially, you need to provide 100% accurate immigration history of your husband in US. "We just want to be together ASAP", it really depends how strong/straight forward your case is. If you have married for quite few years, have kids together, have common assets and etc., then it won't take long, and your case may even end up processing by CPC-Missisauga. But if you are newly wedded, don't have many evidences to show, then you need to expect your case will be treated as marriage of convenience by CIC initially, and your case may take much longer than others to process.

Also, if your case transferred to your husband's Country of origin and an interview should be required, then, your husband needs to attend it, which it means that your husband will be barred from US for 10 years, if he left US.

 

[Sweetsue71]

So once he leaves the US he will be barred for 10yrs? During the application process will it be mandatory for him to go back to his home country? if so, would it be best to leave the States before the application is submitted, or he can wait until the interview?

We are newly weds been married for 3mos.

Thank in advance

 

[scylla]

So once he leaves the US he will be barred for 10yrs? During the application process will it be mandatory for him to go back to his home country? if so, would it be best to leave the States before the application is submitted, or he can wait until the interview?

We are newly weds been married for 3mos.

Thank in advance

Yes - he will be banned for 10 years as soon as he leaves the US. It's possible he may be able to complete the process from the US. if an interview is required, it will most likely be held in his home country and he will have to attend in person.

 

[CountryGurl_GMC]

Hi I am living in Canada and is married to a man who is not legal in America. He did not enter the States legally, he has been living in the States for almost 20yrs. He has no criminal record, and no warrant for his deportation. What would the step by step process be in sponsoring him to live in Canada, or is it possible to sponsor him? We just want to be together ASAP.

Thanks in Advance

I don't have a lot of advice on this... I would tread carefully. I assume he's been working illegally in the US as well which complicates things further as far as tax evasion and such.

Keep in mind
"Individuals suspected of entering the U.S. illegally can be arrested by local or federal law enforcement before being transferred to U.S. Immigration and Customs Enforcement custody."

He would also need a VALID travel document (passport from his country of citizenship) in order to apply for PR. The Schedule A also requires all addresses and employment history for the last 10 years, which was obviously illegal work. For the addresses it will ask his status in the country aka Citizen, Visitor etc.

 

[Miraclejj]

I don't have a lot of advice on this... I would tread carefully. I assume he's been working illegally in the US as well which complicates things further as far as tax evasion and such.

Keep in mind
"Individuals suspected of entering the U.S. illegally can be arrested by local or federal law enforcement before being transferred to U.S. Immigration and Customs Enforcement custody."

He would also need a VALID travel document (passport from his country of citizenship) in order to apply for PR. The Schedule A also requires all addresses and employment history for the last 10 years, which was obviously illegal work. For the addresses it will ask his status in the country aka Citizen, Visitor etc.

Nah, as long as the person has a clean criminal background (Living and working illegally in US is a civil violation in most cases), he will be fine. Canada doesn't care the person working illegally in US at all. All he needs to do is providing 100% accurate information in the applications.
The issue the person may face is if CIC transfers the case to the person's Country of Origin, and if an interview should be required, then the person will take the risk to leave the US to attend the interview, and the worst case will be the interview failed and the person cannot return back to US.

 

[Sweetsue71]

Hi, out of curiosity would he still be barred for 10yrs even if he becomes a Canadian Citizen?

 

[scylla]

Hi, out of curiosity would he still be barred for 10yrs even if he becomes a Canadian Citizen?

Yes - still barred. His citizenship is irrelevant. He needs to be prepared to leave for 10 years and not return. The US takes overstays very seriously. He could end up being detained if he returns before the 10 years is up.