Get study permit if my US visa is expired?

[phoenix13]

Hello everyone. I would appreciate if someone will help me with my questions.

Briefly about myself:

I am a citizen of Russia who is residing in the USA and whose visa is expired (a while ago).
I have applied to one university in British Columbia, and I am currently waiting for an acceptance letter.

Will my study permit/visa be refused if I apply to one from the USA territory?

If I move back to Russia and try to apply for Canadian study permit/visa, will an immigration officer deny me one solely because I have overstayed my US visa or he/she won't care?

I just really cannot decide if I should apply from the US or Russian territory...

Please help.

 

[scylla]

Yes - it will certainly be refused if you apply now from the US since you have no status in that country. To be approved for a study visa in Canada, you must prove you have strong ties to your home country and have no plans on remaining in Canada long term. Being out of status in the country you're in now only serves to prove that you don't respect immigration laws and may overstay in Canada as well.

You should return to Russia, spend at least six months living there to establish ties to that country again - and only then try applying for a study visa to Canada.

There is absolutely no point applying from the US.

 

[phoenix13]

Thank you very much for your reply. That is what I will try as my last resort.

May I ask your opinion about some other way? I have been told by one immigration office that if I get a legal status in the US by applying for a tourist visa, then I will have chances of being granted the Canadian visa. In the US, as well as many other countries, a person is considered having a legal status while his/her application is being processed.

What would you say? What are the chances that it will work?

 

[scylla]

Thank you very much for your reply. That is what I will try as my last resort.

May I ask your opinion about some other way? I have been told by one immigration office that if I get a legal status in the US by applying for a tourist visa, then I will have chances of being granted the Canadian visa. In the US, as well as many other countries, a person is considered having a legal status while his/her application is being processed.

What would you say? What are the chances that it will work?

Canada won't consider you as having status in the US unless you're actually holding a valid visa in your hand. You will need to submit proof that you have a valid visa when you file your Canadian study permit application to be considered as being "in status" in the US. So what you are suggesting above has zero chances of working and is a waste of time/money in my opinion.

 

[phoenix13]

Got it. I appreciate your help!