I am currently in the United States and I am out of status. I originally entered the U.S. lawfully and later applied for permanent residence based on a family relationship. That application was refused due to a work related technical issue, not because of the family relationship itself. As a result, I am now overstaying. My overstay has just started recently and my lawyer has filed motion to appeal the decision made by Immigration Office here as it was a misapplication to law.
However, my marriage in the U.S. has been a sad one. I endured ongoing abuse until my husband was arrested by the police and sent to criminal court. Thus, I am involved in ongoing family court and domestic violence related proceedings in the U.S., and I do want to divorce and give myself a clean record in future, which makes it difficult for me to leave immediately. I am not under a removal order, have not been ordered to leave the U.S., and have not committed any crime in the U.S. or elsewhere.
I know for fact I can get my U.S. greencard through Violence Against Women's Act, but it takes around 4 years, and I am being stalked and still threatened by my ex-husband, so I still would want to move to somewhere safer. I recently realized that I qualify for the French speaking Express Entry category, and I am considering applying. My concern is whether IRCC will ask about U.S. overstay during the Express Entry or PR process, and whether this is something that should be proactively disclosed if it is not specifically asked.
I have reviewed some of the application questions, such as whether I have committed crimes in other countries or have ever been ordered removed from another country. The answer to those questions is no. However, I am currently overstaying in the U.S., and I want to make sure I understand whether this situation needs to be disclosed, and whether it could negatively affect an Express Entry application.
Thank you very much.
However, my marriage in the U.S. has been a sad one. I endured ongoing abuse until my husband was arrested by the police and sent to criminal court. Thus, I am involved in ongoing family court and domestic violence related proceedings in the U.S., and I do want to divorce and give myself a clean record in future, which makes it difficult for me to leave immediately. I am not under a removal order, have not been ordered to leave the U.S., and have not committed any crime in the U.S. or elsewhere.
I know for fact I can get my U.S. greencard through Violence Against Women's Act, but it takes around 4 years, and I am being stalked and still threatened by my ex-husband, so I still would want to move to somewhere safer. I recently realized that I qualify for the French speaking Express Entry category, and I am considering applying. My concern is whether IRCC will ask about U.S. overstay during the Express Entry or PR process, and whether this is something that should be proactively disclosed if it is not specifically asked.
I have reviewed some of the application questions, such as whether I have committed crimes in other countries or have ever been ordered removed from another country. The answer to those questions is no. However, I am currently overstaying in the U.S., and I want to make sure I understand whether this situation needs to be disclosed, and whether it could negatively affect an Express Entry application.
Thank you very much.
