In need of urgent advice about ITA application - residency

[LardiaMagellan]

Hello all,

I am in really need of your help to help me sort my situation and make a decision.

So, everything went well with my application and I have received an ITA that would expire in 2 months if I don't act on it. Now, I am faced with this weird situation below.

My current work visa expired (OPT) and I am preparing to leave the U.S in the next month or so and return back home.

In that regards, I have filled my application choosing residency for my country of origin, thinking that I would go back and start all the remaining ITA process and visa procedure over there.

However, with less time and other complications that could occurred moving back home to apply, I was wondering if I could do all that in the U.S. The problem my family and I are wondering if I could do everything here, medical exams, complete ITA application, COPR and Visa stamping without any problem.

Would the Canadian Visa Ofice request me to show any proof of residency in the U.S? having my work visa expired would be a problem? I know that the U.S and Canada are not related but I don't know what do they ask at the Visa stamping.

As anyone experienced the same situation? Do they required a proof to show that you are legal where you are applying? Any suggestions or ideas would really help me to decide what to do next. Thank you very much, I really appreciate any suggestions

 

[scylla]

It’s a bad idea to remain in the USA without status. Once you are there for six months or more, you’ll end up with a multi-year ban.

 

[LardiaMagellan]

It’s a bad idea to remain in the USA without status. Once you are there for six months or more, you’ll end up with a multi-year ban.

I totally agree with that. And I think that in regards to what is happening in the US immigration right now, I don't think I would be looking forward to returning soon once I leave.

Now, do you know if an overstay would affect the PR application anywhere in the process? I will be receiving the FBI report soon with no criminal background, and I am wondering when I provide my travel history, would I have to provide any proof of legal residency in the US? Do you know?

 

[scylla]

I totally agree with that. And I think that in regards to what is happening in the US immigration right now, I don't think I would be looking forward to returning soon once I leave.

Now, do you know if an overstay would affect the PR application anywhere in the process? I will be receiving the FBI report soon with no criminal background, and I am wondering when I provide my travel history, would I have to provide any proof of legal residency in the US? Do you know?

It's possible IRCC may request proof of residency. Also keep in mind that you don't get to pick where your application is processed. If you are out of status in the US, then I would expect your application will be processed through the visa office of your home country.

Even if you have no plans on returning to the US, it's very short-sighted to remain there illegally and compromise your future visits. It's pretty easy to end up with a ban for overstaying and you never know if your future employer in Canada might require you to travel for business to the US.