I was deported from the United States. Can I be accepted for and IEC Visa

[BengiFree]

Hi,

My name is Ben and I have a serious question.

I am a Uk Citizen who had lived illegally in the US for 10 years. I entered under a tourist visa and overstayed. I was randomly stopped and ordered to be removed and was deported. I have no criminal record in the US or the UK.

I hope to someday return to the US legally through my wife filling on my behalf. In the meantime I had planned to obtain a 2 year working visa to the US through the IEC program. I consulted an agency, told them my situation and was told it wouldn't be a problem. I have already paid money through the agency and received the invite. I have now learned that my previous immigration violation in the US may see my application get declined. Through my own lack of research plus the agency's continuous assurance that this wouldn't be a problem I have already paid for the IEC application.

I have yet to send of my background checks and application and that will cost more money to do so.

I would like to know if I have a chance to be accepted or should I just cut my losses and stop the proccess.

Thank you,

Ben

 

[scylla]

Yes - it's quite possible you may be refused based on your immigration history in the US. When you submit your IEC application, make sure you are 100% honest in all of the questions asked (otherwise you'll end up with a ban from Canada as well). You'll also need to include a US police certificate (FBI cert) as part of the IEC process. Since you're from the UK (visa exempt country) - also some chance you'll be approved. Very hard to say.

 

[BengiFree]

I appreciate the prompt response and I would like to go through with the process as being in Canada legally would take the strain of my wife having to travel between the US and the UK and being away from her family for prolonged periods of time.

I am more irritated by the agency for taking my application knowing that there was a chance of being declined. I also should have done more research so I accept my part in this. But throwing money away money to be declined when I have thousands of dollars in the US legal fees in order to return to my wife and my life in the US doesn't sit well.

I jut want to know what my chances are and so far online I've received very contradictory information.

 

[scylla]

It's contradictory because I think it's really impossible to say and will be up to the officer who processes your application. Normally an overstay means there's absolutely no way you'll be approved for a temporary visa (like an IEC). However you're from a visa exempt country - so that changes things a bit. Whether it changes things enough to get an approval is hard to say. It would be easier / clearer if the overstay had been much shorter and did not involve a deportation. The length of your overstay and the fact you were deported are problems - and demonstrate a lack of respect for visa rules. Good luck.

 

[scylla]

Just an added note... I assume you're aware that you are now banned from the US for 10 years. If you happen to get the IEC approved, do not under any circumstances attempt to enter the US from Canada. You and your wife need to go through the paperwork (including hardship letter) to allow you to re-enter the US again. The US takes an extremely hard line with overstays and you may find yourself detained if you try to enter while banned. Again, hopefully all of this is not news...

 

[BengiFree]

Thank you.

I'll be 100% honest with the CIC. No reason not to be tbh. I'll see what happens. I'm just infuriated with the agency for not being honest/incompetent. And mad at myself for not doing the proper research.

Are there any other options I can use if I am declined?

 

[BengiFree]

Just an added note... I assume you're aware that you are now banned from the US for 10 years. If you happen to get the IEC approved, do not under any circumstances attempt to enter the US from Canada. You and your wife need to go through the paperwork (including hardship letter) to allow you to re-enter the US again. The US takes an extremely hard line with overstays and you may find yourself detained if you try to enter while banned. Again, hopefully all of this is not news...

 

[BengiFree]

I know. I would never attempt that. I have to do things 100% legally in order to have an actual life in the US. I had planned on being married prioer to the deportation but a random stop changed everything. I'm sick of looking over my shoulder and want to have a family, kids and return to the life I built in the US but this time with stable foundations.

 

[scylla]

Thank you.

I'll be 100% honest with the CIC. No reason not to be tbh. I'll see what happens. I'm just infuriated with the agency for not being honest/incompetent. And mad at myself for not doing the proper research.

Are there any other options I can use if I am declined?

Typically the only real option for people with your history is to apply for permanent residency. Overstays / deportations are forgiven with PR applications (since you are asking to come here permanently rather than temporarily) provided you are 100% honest in your application about your history. If you want to go that route, you'll need to spend time researching the options through the link below to see what it takes to qualify through the varius PR programs. Recommend you start with the Express Entry program.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html

 

[BengiFree]

I guess I should risk being told no.

If I am told no for the IEC will this disbar me Canada?

 

[scylla]

I guess I should risk being told no.

If I am told no for the IEC will this disbar me Canada?

No - a refusal will not bar you from Canada.

 

[BengiFree]

Do you think I should accept the invitation and go forward with the application or would you suggest I call it a day and cut my loses?

 

[scylla]

Do you think I should accept the invitation and go forward with the application or would you suggest I call it a day and cut my loses?

Provided you're fine spending the money and knowing it might be a refusal, I would go ahead. No harm trying (apart from lost money).

 

[BengiFree]

Realistically what are my chances?

 

[scylla]

Realistically what are my chances?

I have no idea.