ILLegal in USA, got LMO from canadian employer

[anand_costa]

i entered USA as a crew men ( c1d visa ), I'm living and working here for the past 4 years now.
i am a qualified chef.
An employer from Canada got me LMO , SO is there a problem to get visa because of illegal staying in USA?
if no, then i need to know whether i can apply Canadian visa in USA or my home country INDIA.

 

[scylla]

Yes - the fact you are in the US illegally is a big problem. You have zero chance of being approved for a work permit from the US since to be approved, you must demonstrate that you have strong ties to your home country and have no plans on remaining in Canada long term.

If you want to apply for a work permit to Canada, you should return to India and remain there for at least six months before submitting your work permit application so that you can reestablish ties to India and overcome your illegal stay in the US. Even if you wait six months, there's still a good chance your work permit will be refused due to your illegal stay in the US.

 

[anand_costa]

thank you for your reply..
i understand the fact, but the thing is already some one has a valid OPEN LMO and they are working to give that on my name.
if i get that and returned to India for visa interview.. , do you think there is a chance to get visa?

 

[scylla]

CIC won't care that there's an approved LMO. What they will be primarily concerned with is whether you have plans to remain in Canada long term.

Applying from the US is not possible since you are out of status.

So if you want to apply, your only option is to return to India and apply from there. I still think it will be very difficult to be approved given your US overstay. But by all means give it a try.

When you apply, you should be honest about your history in the US and declare the period you were out of status. Keep in mind that Canada and the US share records. So if you try to hide this information, chances are very CIC will find out anyway. If CIC finds out, your application will be refused and you will be banned from Canada for 2 years.

 

[Dwarakan1981]

Hi sir, I have a same situation but I have a pending U visa case in united States. And I got a Lmo from canadian employer . Do you think that I can apply visa from America because I can't return India while I have a pending case . Plz advice me correctly clarified whether I can move to Canada with this kind of immigration status. Thanks