husband used to be illegal in the US..

[lhen123]

Hi,
My sister is planning to sponsor us to Canada, but my husband used to be illegal in the US 3 years ago.
I am an American citizen and so is our 5 year old son. We are currently in the Philippines for 8 months now.
My questions is, will it affect my husband's application? Will he be denied?

 

[Fencesitter]

The past has a way of catching up with you.

Obviously, this isn't a good thing. It might not make any difference if your husband doesn't have any legal troubles resulting from such a lengthy overstay that would fall under some kind of regulation barring him from the family class.

I'd suggest calling CIC to get more detailed information.

One thing that CIC might find is that you may not have the intention of returning to Canada with your husband since there's already a history of illegality.

Hope others can shed more light on your situation. For me, I worry too much...so I'd be assuming the worst with something like this hanging over my head. Anything illegal freaks me out...I guess I love freedom too much, if that's even possible.

FS

 

[canadiangirl78]

The past has a way of catching up with you.

Obviously, this isn't a good thing. It might not make any difference if your husband doesn't have any legal troubles resulting from such a lengthy overstay that would fall under some kind of regulation barring him from the family class.

I'd suggest calling CIC to get more detailed information.

One thing that CIC might find is that you may not have the intention of returning to Canada with your husband since there's already a history of illegality.

Hope others can shed more light on your situation. For me, I worry too much...so I'd be assuming the worst with something like this hanging over my head. Anything illegal freaks me out...I guess I love freedom too much, if that's even possible.

FS

Fencesitter, please don't respond to people when you aren't informed on the subject. It will just stress and worry people.

OP, the fact that your husband has been in the US illegally in the past will not hurt his application at all. He will have to get FBI clearance since he was there more than 6 months. My husband was brought to the US as a child from Mexico and has been here illegally his whole life. We got a PR in 2010 but couldn't move and are redoing the process. Many other people who have been illegal in the US get family class and economic class visas. The only problem would be a criminal record in the US. But I know as well as anyone that being illegal does not make you a criminal.

The problem I see is that your sister really cannot sponsor you all. You probably will have to go the skilled worker route.

And FS, legal does not always mean freedom. Sometimes illegal means freedom. And ensuring your children do not starve.

 

[canadiangirl78]

Also he was in the US illegally not Canada. And she is not Canadian, she is American. But you can still be sponsored by your spouse if you were illegal in Canada.

http://www.georgekubes.com/Articles-by-Toronto-Lawyer-George-J.-Kubes-/Sponsorship-Can-Be-Used-To-Legalize-Status-In-Canada.html

 

[Fencesitter]

Fair enough...sorry OP.

 

[lhen123]

Canadiangirl78

Thank you so much for you're response I really really appreciate it. My husband was brought to the US when he was a minor as well. And he does not have any criminal record. I will look into that skilled worker visa, thank you so much.

 

[canadiangirl78]

Canadiangirl78

Thank you so much for you're response I really really appreciate it. My husband was brought to the US when he was a minor as well. And he does not have any criminal record. I will look into that skilled worker visa, thank you so much.

You're welcome. Good luck! Canada is a lifesaver for those of us dealing with this issue since a hardship waiver is so difficult and complicated.