Hi, I am A US Citizen and my husband has been deported by the US government under asylum case. He is clear from 10 years bar and he is still living in the states with me and our 2 years old daughter(US citizen) without legal documents. We want to know is there anyway that we could obtain Canadian citizenship for him? It would be really appreciated for any comments.
Husband has been Deported from US, can we immigrate to Canada
- Thread starter S4nt3n
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vensak
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S4nt3n said:
If you are US citizen, you should have filed for family visa in the first place. Your problem is following.
Somewhere through the application you will come to the point, where police certificate for main applicants and dependant will be asked. For your husband living illegaly in the other country this will make problem in the whole application. With possible refusal.
So his legal status shall be solved first.
He cannot obtain Canadian citizenship directly. He would first need to become a Canadian permanent resident. Once he is a PR and has lived in Canada for several years, he would then qualify to apply for citizenship. To become a permanent resident he needs to qualify and apply through one of Canada's economic immigration programs (i.e. apply as a skilled worker or a skilled trades person). He can do this while in the US illegally provided he is 100% honest about his immigration history in his application to Canada. Note that all of Canada's economic immigration programs require that the applicant have relatively recent paid full time work experience - assume any illegal work experience won't be accepted. You can find detailed information about Canada's immigration programs here: http://www.cic.gc.ca/english/immigrate/apply.asp You and your daughter would have to be included as dependents in the PR application so that you can obtain PR along with your husband and be allowed to work in Canada.
Note that becoming a Canadian PR or citizen won't change your husband's situation in the US. It sounds like he's facing at least a 10 year ban from re-entering the US as soon as he leaves the country or perhaps even a lifetime ban depending on the outcomes of the asylum claim (he would have to physically leave the country and come to Canada in order to become a Canadian PR once his paperwork is finalized). Becoming a Canadian PR or citizen won't reduce or remove the US re-entry ban.
Note that becoming a Canadian PR or citizen won't change your husband's situation in the US. It sounds like he's facing at least a 10 year ban from re-entering the US as soon as he leaves the country or perhaps even a lifetime ban depending on the outcomes of the asylum claim (he would have to physically leave the country and come to Canada in order to become a Canadian PR once his paperwork is finalized). Becoming a Canadian PR or citizen won't reduce or remove the US re-entry ban.
vensak said:
Living illegally in a country does not create an issue for PR applications - only for temporary visas. We've had a number of people successfully immigrate with illegal status. PCC can be successfully obtained to support the PR application.
In terms of addressing the illegal status, OP's husband is facing a failed asylum claim which complicates things significantly - it's no longer a simple overstay. Quite often with failed asylum applications, the US imposes a lifetime ban for having filed the asylum falsely. Having said that, I agree they should try to fix the US status situation if they haven't already. Best site for discussing the US situation is here: http://immigrate2us.net/forum/forum.php