HELP! Specific question about applying to Canada through DACA

[woody2022]

Hello to all:

Background: At the age of 11, I was taken to the US on a 6 month visitor visa and overstayed. Lived in the states for about 24 years or so and part of that time lived as an undocumented individual. In 2010, I applied for the Deferred Action for Childhood Arrivals which granted me temporary residence for a period of about 8 years, in 2018, I decided to leave the states and emigrated back to my native country in Colombia. I Currently have a family member that lives in Canada and have been contemplating applying for a Canadian tourist Visa. I have looked at the visa application and feel that I meet all the requirements to apply successfully. I do however, have some doubts given my previous history about the chances of getting an uncomplicated approval. So far, I have not been able to get a clear response from immigration agencies located in Colombia and I would love to know if someone could and would be able to guide me or clarify on the following.

Question: Since I have not lived in the US for the past 4 years, I lost the ability to re apply for temporary residence through USCIS. Does that mean that it is necessary for me to provide the USCIS number given to me while I lived in the States? The Question on the application asks "if I am a citizen or if I am a resident with a USCIS number? To me, the answer would be NO given the fact that i no longer live there. Could someone please clarify?

Question: When I emigrated back to Colombia, my new passport was stamped upon arrival. Since I no longer have that old passport and no means to show the stamp of when I left Colombia, only when I arrived, is that an issue when the time comes to provide my new passport for review given my history?

I would like to sincerely thank everyone who can provide me and maybe others in a similar situation with any level of clarity in this matter and appreciate any comment or suggestion you may have. I want to thank you all once again.

 

[scylla]

Hello to all:

Background: At the age of 11, I was taken to the US on a 6 month visitor visa and overstayed. Lived in the states for about 24 years or so and part of that time lived as an undocumented individual. In 2010, I applied for the Deferred Action for Childhood Arrivals which granted me temporary residence for a period of about 8 years, in 2018, I decided to leave the states and emigrated back to my native country in Colombia. I Currently have a family member that lives in Canada and have been contemplating applying for a Canadian tourist Visa. I have looked at the visa application and feel that I meet all the requirements to apply successfully. I do however, have some doubts given my previous history about the chances of getting an uncomplicated approval. So far, I have not been able to get a clear response from immigration agencies located in Colombia and I would love to know if someone could and would be able to guide me or clarify on the following.

Question: Since I have not lived in the US for the past 4 years, I lost the ability to re apply for temporary residence through USCIS. Does that mean that it is necessary for me to provide the USCIS number given to me while I lived in the States? The Question on the application asks "if I am a citizen or if I am a resident with a USCIS number? To me, the answer would be NO given the fact that i no longer live there. Could someone please clarify?

Question: When I emigrated back to Colombia, my new passport was stamped upon arrival. Since I no longer have that old passport and no means to show the stamp of when I left Colombia, only when I arrived, is that an issue when the time comes to provide my new passport for review given my history?

I would like to sincerely thank everyone who can provide me and maybe others in a similar situation with any level of clarity in this matter and appreciate any comment or suggestion you may have. I want to thank you all once again.

- Answer to the first question is "no"
- I'm not sure I understand the second question. The fact you have a new passport isn't an issue. You need to make sure you answer all questions in your TRV application truthfully regarding your immigration history in the US.

 

[woody2022]

Thank you for your quick response. Yes, you are correct. My apologies. The second question was not very clear. This is exactly the reason why I wanted to post these questions here in this forum in order for me and others to be able to make a long and complicated process a bit more clear. Much appreciated. Since the question on the application is the following "Have you traveled outside of your country of origin within the last 10 years, yes or no? and if so, specify where?" Based on my understanding of the question, my response would be that I have not traveled outside of my country of origin during the last 10 years. That would be the truth. I traveled to the United States over 27 years a go and overstayed for 24 years. I emigrated back to Colombia within the last 4 years, and have not traveled outside of Colombia since i emigrated back in 2018. My Question is: Would that be considered traveled outside of Colombia within the last 10 years? If So, then, when I emigrated back to Colombia in 2018, my current passport was stamped upon arrival, and since I no longer have the original passport from 27 years ago to show my departure from Colombia, only of my arrival. That, in my opinion makes my response unclear and could possibly be interpreted as a misrepresentation of the truth as far as traveling outside of Colombia within the last 10 years?. So, my concern is that when the time comes to send my current passport for review, it will probably create confusion or it may be construed as a lie. How can one provide a clear response in order to prevent confusion and possibly delay the process? Once again, I very much appreciate your comments and look forward to hearing back any response you may have. Thanks.

 

[scylla]

Thank you for your quick response. Yes, you are correct. My apologies. The second question was not very clear. This is exactly the reason why I wanted to post these questions here in this forum in order for me and others to be able to make a long and complicated process a bit more clear. Much appreciated. Since the question on the application is the following "Have you traveled outside of your country of origin within the last 10 years, yes or no? and if so, specify where?" Based on my understanding of the question, my response would be that I have not traveled outside of my country of origin during the last 10 years. That would be the truth. I traveled to the United States over 27 years a go and overstayed for 24 years. I emigrated back to Colombia within the last 4 years, and have not traveled outside of Colombia since i emigrated back in 2018. My Question is: Would that be considered traveled outside of Colombia within the last 10 years? If So, then, when I emigrated back to Colombia in 2018, my current passport was stamped upon arrival, and since I no longer have the original passport from 27 years ago to show my departure from Colombia, only of my arrival. That, in my opinion makes my response unclear and could possibly be interpreted as a misrepresentation of the truth as far as traveling outside of Colombia within the last 10 years?. So, my concern is that when the time comes to send my current passport for review, it will probably create confusion or it may be construed as a lie. How can one provide a clear response in order to prevent confusion and possibly delay the process? Once again, I very much appreciate your comments and look forward to hearing back any response you may have. Thanks.

That's the incorrect answer. You've misunderstood the question.

That question is asking if you have been in countries other than your home country in the last 10 years. The fact your entry into that country was over 10 years ago is irrelevant. If you were in another country during the 10 year period, you need to say yes and list the details.

So you would need to answer "yes" and include the details of your period in the US.

You are right that if you answer "no", this will be considered as misrepresentation and you could end up with a 5 year ban from Canada.