Applying for express entry with spouse out of status in USA

[Njib]

Hello,

I am applying for Canadian immigration as a foreign national currently working at the US after my PhD in the Express Entry category. Although my FBI record came out clean and I am legally staying in the US, my spouse overstayed his US visa and is currently in the immigration court proceeding. Obviously, his FBI record shows the record. Other than this civic, immigration-related issue, there is no criminal charge or any other sort of issues in his record that would make him inadmissible in Canada. He was legally admitted to the US with a valid student visa and never left the US since then.

We are of course going to state his situation as clearly as possible in the application, but were wondering what sort of document(s) should be supplied. Should an additional letter of explanation explaining the FBI record for his background be sufficient enough?

Thanks for any advice.

 

[scylla]

Hello,

I am applying for Canadian immigration as a foreign national currently working at the US after my PhD in the Express Entry category. Although my FBI record came out clean and I am legally staying in the US, my spouse overstayed his US visa and is currently in the immigration court proceeding. Obviously, his FBI record shows the record. Other than this civic, immigration-related issue, there is no criminal charge or any other sort of issues in his record that would make him inadmissible in Canada. He was legally admitted to the US with a valid student visa and never left the US since then.

We are of course going to state his situation as clearly as possible in the application, but were wondering what sort of document(s) should be supplied. Should an additional letter of explanation explaining the FBI record for his background be sufficient enough?

Thanks for any advice.

FBI cert should be sufficient. This isn't a criminality issue so won't be a problem provided everything was declared in the application.

 

[Njib]

FBI cert should be sufficient. This isn't a criminality issue so won't be a problem provided everything was declared in the application.

Thanks so much for the response. The FBI certificate shows that my spouse had to give a fingerprint to ICE agent for visa overstay and was referred to the immigration court hearing. The defensive asylum application he filed is still pending and he is getting his EAD card based on pending asylum case in about a month. I am hoping just having a 'record' in the FBI certificate does not automatically result in eAPR denial.

 

[scylla]

Thanks so much for the response. The FBI certificate shows that my spouse had to give a fingerprint to ICE agent for visa overstay and was referred to the immigration court hearing. The defensive asylum application he filed is still pending and he is getting his EAD card based on pending asylum case in about a month. I am hoping just having a 'record' in the FBI certificate does not automatically result in eAPR denial.

It's not a criminal record - so no issue.