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Coming to Canada from USA with no status in USA

M.A.C

Newbie
Feb 1, 2017
4
0
Hello,
I would like to discuss someone who can direct me to Canadian immigration... I'm a Canadian and my Mother and brother are in the USA with his family (wife and 4 daughters). They all are US citizen except my mother and brother, they don't have status now, though they enter into the USA legally. My brother got married to a US citizen but USCIS did not approve their marriage!
Now, they are in fear of being in the USA with the present situation after Trump elected. So, can they be allowed to enter Canada and get a legal status after Justin Trudeau’s #WelcomeToCanada tweet? Please let us know.
Thank You
Mohammad
 

scylla

VIP Member
Jun 8, 2010
92,915
20,530
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Which country are they from?
 

newtone

Champion Member
Nov 10, 2010
2,032
157
Job Offer........
Pre-Assessed..
If you are not from any of the 7 listed countries you should be okay. The tweet from Trudeau about welcome to canada is just a marketing gimmick, dont take it literally. There are lots of red tape to cross before unwelcome USA residents can be legally welcome into canada
 

key78

Star Member
Aug 23, 2015
181
7
Job Offer........
Pre-Assessed..
M.A.C said:
We are from Bangladesh
your brother will be fine. he is not from any of the seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen
 

M.A.C

Newbie
Feb 1, 2017
4
0
My brother will be fine, means what? Can the come to Canada and get legal status?

Thanks.
 

key78

Star Member
Aug 23, 2015
181
7
Job Offer........
Pre-Assessed..
He can come to Canada if he wishes but he needs the proper visa or work/study permit to enter.
He can claim refugee too if he can prove his life is in danger if he returns to Bangladesh.
 

torontosm

Champion Member
Apr 3, 2013
1,677
261
M.A.C said:
My brother will be fine, means what? Can the come to Canada and get legal status?

Thanks.
No, your brother can't just show up in Canada and expect to be awarded PR status. He must first apply for a visa to enter Canada, or apply for immigration through one of the established streams.
 

scylla

VIP Member
Jun 8, 2010
92,915
20,530
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
M.A.C said:
My brother will be fine, means what? Can the come to Canada and get legal status?

Thanks.
No - he certainly can't just come to Canada and get legal status. He needs to apply to immigrate just like anyone else. No - he and your mother do not fall under Justin Trudeau's statement (JT was specifically speaking about people covered under the US ban - which your mother and brother do not). The tweet is pretty meaningless anyway. There have been no policy changes introduced by Canada since the US announcement. Canada's immigration rules are the same now as they were before.

Detailed information about Canada's immigration programs can be found here: http://www.cic.gc.ca/english/immigrate/apply.asp

Based on the information you've provided so far, they won't qualify as refugees. So they will need to immigrate through another stream like Express Entry / Federal Skilled Worker.
 

Gonzaleztovar

Newbie
Mar 12, 2017
2
0
M.A.C said:
Hello,
I would like to discuss someone who can direct me to Canadian immigration... I'm a Canadian and my Mother and brother are in the USA with his family (wife and 4 daughters). They all are US citizen except my mother and brother, they don't have status now, though they enter into the USA legally. My brother got married to a US citizen but USCIS did not approve their marriage!
Now, they are in fear of being in the USA with the present situation after Trump elected. So, can they be allowed to enter Canada and get a legal status after Justin Trudeau’s #WelcomeToCanada tweet? Please let us know.
Thank You
Mohammad
 

scylla

VIP Member
Jun 8, 2010
92,915
20,530
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
If they are interested in claiming refugee status in Canada, they will have to demonstrate that they face persecution in their home country and are unable to return there. The fact they are without status in the US is not grounds for a refugee claim in Canada.
 

Gonzaleztovar

Newbie
Mar 12, 2017
2
0
HI: I am from Mexico, I am a resident in United States for 16 years I got 3 kids born in the U.S but I still don't have legal status now with the new president deporting people I was wondering if there's any way to get a visa or a work permit in Canada and how we could apply for it. Please any information I would really appreciate it. Thank you.
 

scylla

VIP Member
Jun 8, 2010
92,915
20,530
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Gonzaleztovar said:
HI: I am from Mexico, I am a resident in United States for 16 years I got 3 kids born in the U.S but I still don't have legal status now with the new president deporting people I was wondering if there's any way to get a visa or a work permit in Canada and how we could apply for it. Please any information I would really appreciate it. Thank you.
Since you are out of status in the US, any sort of temporary permit (work permit, study permit, visitor visa) won't be approved. You'll need to apply to immigrate. Canada has several different immigration programs and you can find detailed information about these programs here: http://www.cic.gc.ca/english/immigrate/apply.asp
 

carolbb23

VIP Member
Jun 24, 2016
3,565
406
toronto
Category........
FAM
Visa Office......
mississauga
App. Filed.......
15\12\2015
Doc's Request.
already did for applications
Nomination.....
n/a
AOR Received.
15/01/2016
IELTS Request
n/a
File Transfer...
10/03/2017
Med's Request
n/a
Med's Done....
02/11/2015
Interview........
thank god no interview
Passport Req..
n/a
VISA ISSUED...
28/04/2017
LANDED..........
28/04/2017
If they found out your brother and mom over stayed in there visa basically they can denied it and they are not refugees