Application for PR (Spousal Sponsorship) but overstayed in USA?

[cal31]

Hi there everyone.

Was wondering if anyone can help with this. Im an Australian who is marrying a Canadian this year and submitting the Inland Spousal Sponsorship application in February so I can get PR and open work permit. I have been working and living in Vancouver for the last year and a half.

My question is.... several years ago I previously overstayed in USA for 2.5 years and got a 10 year ban from entering the USA. Will this affect my chances of getting PR in Canada. As there is certain questions in the application that ask if I have ever been refused entry to a country (and I would have to select yes and give an explanation)

I have no criminal convictions in the USA or anywhere and was never deported.

Does anyone know someone in my situation who got their PR fine with no issues?

Thank you

 

[noscaf2014]

This has no effect on your application as long as you are honest about it. Good Luck!

 

[cal31]

Thanks noscaf2014. I didn't realise they would take into account any of this.

 

[Buletruck]

Agreed. As long as you told IRCC in the application, shouldn't be an issue. Question would be did you tell them about it on previous applications (TRV, eTA, OWP, Student Visa)?

 

[cal31]

I'm on an open work visa and that question never came up when I did the application 2 years ago. If it did, I would have selected no because I didn't know for sure that I was even inadmissible. I never received a warning or anything.

Also I may have minor fraud against me as well because of the wrong dates that were put on a tourist visa when I tried to visit Seattle for a weekend. Do you think they will take this into account?

 

[Buletruck]

You want to avoid anything that could be construed as misrepresentation. IRCC doesn't see things as minor fraud....it's just fraud. Oversights and mistakes are acceptable and can often be explained, but if they feel you deliberately altered or withheld information, they take an exceptionally dim view of that. If the OWP didn't ask about previous denials or refusals, it should be OK, but others may have a better idea. Having them decide you misrepresented yourself is a huge deal in Canada (much bigger than an overstay in the US), and can get you banned for 5 years (including making you ineligible for spousal sponsorship).

 

[Miraclejj]

I'm on an open work visa and that question never came up when I did the application 2 years ago. If it did, I would have selected no because I didn't know for sure that I was even inadmissible. I never received a warning or anything.

Also I may have minor fraud against me as well because of the wrong dates that were put on a tourist visa when I tried to visit Seattle for a weekend. Do you think they will take this into account?

From your original post, if I understand correctly you did checked yes for the question that asked you if you ever overstayed in other countries or something like that, and you provided explanation, so I guess you should be fine with that.

But I am a little confused by your concurrent post that regarding your fraudulent, are you saying you purposely provided incorrect info, in order to obtaining a tourist visa from US consulate, when you actually is serving your 10 years ban from US? If it is the case, I don't think that will affect on your inland application, but it will get you in trouble with US. The consequence is that by misrepresenting to US immigration official, you will be banned for life from US.

 

[tschellsi]

This is something that's been on my mind as well. My husband (whom I am sponsoring) has overstayed quite some time in the US, as have I. When we left, we knew we would be banned so we never tried to re-enter. But in the application when they ask "if I have ever been refused entry to any country" should we still say yes? Because we were illegal but we never got refused entry because we never tried to enter again.