Living in US with expired visa

[lalito]

I am a Mexican national living in USA with an expired visa and want to emigrate to Canada, I have a Mexican passport, do I need to go back to Mexico and initiate the whole process or can I travel directly to Canada from the USA.

Thanks

 

[preetdhillon4u]

AS long you have an one year of legal status in USA, then you can apply form here. no need to go back.

 

[ihabkal]

except that the immigration people will try to find anythign suspicious in your application and return it to you time and time again for the slightest awkward reason just to mess with you so they won't have to do it. 4 years on H1B visa in the US, applied, they sent it back twice once saying I didn't put n/a in all the empty boxes, and the second time they asked for the H1B papers, which I had already in the application they returned. I understood then that the immigration officer didn't want to do anything with it for no real reason.

 

[wxyz123]

I am a Mexican national living in USA with an expired visa and want to emigrate to Canada, I have a Mexican passport, do I need to go back to Mexico and initiate the whole process or can I travel directly to Canada from the USA.

Thanks

you have to go back because when you will send your full documents they ask you to send copies of visas for other countries you staying and once find out that you are overstaying you will not only be refused but you can be reported to us authorities for breach of visa and you can then be deported from usa to mexico

 

[shuhash]

you have to go back because when you will send your full documents they ask you to send copies of visas for other countries you staying and once find out that you are overstaying you will not only be refused but you can be reported to us authorities for breach of visa and you can then be deported from usa to mexico

Not sure if my example will help...

One of my friend came to US on H1b .. and got laid off .. but he stayed in US illegally and applied for canadian immigration .. he is now in Canada .. for him CIC didn't cause any problem .. Now you don't have to go back given you stayed in USA for at least one year legally ... you know your situation better .. decide accordingly ..

Now -- Can you apply from USA ( YES )
is it risky (YES- you would need FBI report)

Also note: if you have a valid I94 then you are still legal .. you need visa just to enter USA .. VISA is not your legal status .... your I94 card is (has an exp date depending on status) .. hope this helps ..

 

[Simon123]

i have a valid I94 but expired visa and i did my whole process from New delhi. CIC does not have any issue with our visa status unless
u commit a crime or your in deportion state.

 

[preetdhillon4u]

Agree with Suhash

Also dont worry about FBI untill unless you had any criminal offense.

 

[wxyz123]

i have a valid I94 but expired visa and i did my whole process from New delhi. CIC does not have any issue with our visa status unless
u commit a crime or your in deportion state.

but you did your whole process from new delhi and not usa??

if cic has no issue regarding your visa status for other countries then why they ask for it??

 

[professional 1]

I am a Mexican national living in USA with an expired visa and want to emigrate to Canada, I have a Mexican passport, do I need to go back to Mexico and initiate the whole process or can I travel directly to Canada from the USA.

Thanks

This is what it says exactly in CIC link:


"2. For the purposes of R11, situations in which an individual is considered to have been “lawfully
admitted” will include (but are not limited to):

i) persons who were lawfully admitted, but no longer have legal status when the
application is submitted. For example, a person who has entered a country
lawfully but at some time subsequent to lawful admission has lost legal
immigration status is considered to have been lawfully admitted, whether or not
status has been restored at the time of the application to the visa office. Such
applicants may or may not qualify for a visa, but their application must be
accepted for processing and assessed on its merits;"


The link: page 13


http://www.cic.gc.ca/english/resources/manuals/op/op01-eng.pdf


Read it carefully, make sure that you will be able to send any requested updated documents without being tracked by the FBI or the immigration department in the USA.


If it was me, i would not take the risk, and do it because being illegal resindent in any country is not a good indicator. Even if there is no criminal record, and you are asked to submit tax documents related to all of your jobs in the USA, or the FBI clearance, they will be able at least to track you, and come to your house to arrest you and get you out of the country.


Some people were able to do it with no problems "as they claim", but others have been caught by the US immigration, and deported from the country.


In my opinion, it is just an easy way to catch illegal residents when they voluntarily contact the US authorities such as; Tax, FBI,.....etc departments to track and arrest them.


It is your decision, good luck anyway.

 

[wxyz123]

This is what it says exactly in CIC link:


"2. For the purposes of R11, situations in which an individual is considered to have been “lawfully
admitted” will include (but are not limited to):

i) persons who were lawfully admitted, but no longer have legal status when the
application is submitted. For example, a person who has entered a country
lawfully but at some time subsequent to lawful admission has lost legal
immigration status is considered to have been lawfully admitted, whether or not
status has been restored at the time of the application to the visa office. Such
applicants may or may not qualify for a visa, but their application must be
accepted for processing and assessed on its merits;"


The link: page 13


http://www.cic.gc.ca/english/resources/manuals/op/op01-eng.pdf


Read it carfully, make sure that you will be able to send any requested updated documents without being tracked by the FBI or the immigration department in the USA.

from here it seems true, yes you can apply

but to be honest really strange for me that they let illegal people apply as well

 

[erikvirgo]

except that the immigration people will try to find anythign suspicious in your application and return it to you time and time again for the slightest awkward reason just to mess with you so they won't have to do it. 4 years on H1B visa in the US, applied, they sent it back twice once saying I didn't put n/a in all the empty boxes, and the second time they asked for the H1B papers, which I had already in the application they returned. I understood then that the immigration officer didn't want to do anything with it for no real reason.

Hi Ihabkal, at which stage that they returned the whole applocation and asked for the additional information?
Is it after your received 2nd AOR or when it is "IN PROCESS" ?

The reason I asked is that I have been in US with H1b status for 10 years. I only submitted the last approval of H1 B and I did not included the copy of older approval document and idid not include copies of visa stamp in my passport which has expired loing time ago, now I just received 2nd aor yesterday - I am afraid it will be returned and they will ask all of those past approvals and visa stamp in the passport...should I just send it to them...now?
thanks in advance

erikvirgo

 

[professional 1]

Hi Ihabkal, at which stage that they returned the whole applocation and asked for the additional information?
Is it after your received 2nd AOR or when it is "IN PROCESS" ?

The reason I asked is that I have been in US with H1b status for 10 years. I only submitted the last approval of H1 B and I did not included the copy of older approval document and idid not include copies of visa stamp in my passport which has expired loing time ago, now I just received 2nd aor yesterday - I am afraid it will be returned and they will ask all of those past approvals and visa stamp in the passport...should I just send it to them...now?
thanks in advance

erikvirgo

Just to let you know, as long as the visa office has sent you the AOR, they will never return the application back to you, unless you ask them to withdraw your application.

Even if they find anything missing in the application after the AOR, they will send you a follow up request without sending back the application.

 

[erikvirgo]

profesional1,

thank you very much for your reply. That is good to know. It is so much anxiety dealing with immigration matters, especially knowing that many application got returned and the applicants was given 60 days to response with additional information/docs etc.
but it is good to know that I do not have to deal with that.

but in my case. do you think, I should just send all the previous H1 B approval documents as well as the copy H1 B visa stamp from my passport and copy of I-94 and mentioned that I need to add these docs in reference to the new File number that I received from Buffalo CHC? or should I just wait until they ask me for those docs

Because in the new Visa office specific instructions Buffallo -
http://www.cic.gc.ca/english/pdf/kits/guides/E37048.pdf

This document was updated in August 2010 these item 14 is added (This was not included in the previous version)

14.
PROOF OF ADMISSION
If you do not reside in your country of nationality, provide proof that you have been lawfully admitted for a period of at least one year to your current country of residence.
Proof of lawful admission is in the form of a stamp in the passport or a status document issued at the Port of Entry or other place of admission. If an extension of the original status has been obtained, the evidence required would be a document or stamp issued by the ministry responsible for immigration matters, providing an extension up to one year or beyond.
Submit photocopies of:
•current or expired entry/exit stamps in your national passport.
•current or expired status documents indicating the date you were admitted and the validity.
For USA residents only:
•I-94 card
•I-797
•IAP-66/DS-2019 (for J-1 status)
•I-20 (for F-1 status)

I appreciate your input on this. And thanks for sharing...
erikvirgo

 

[ihabkal]

Hi Ihabkal, at which stage that they returned the whole applocation and asked for the additional information?
Is it after your received 2nd AOR or when it is "IN PROCESS" ?

The reason I asked is that I have been in US with H1b status for 10 years. I only submitted the last approval of H1 B and I did not included the copy of older approval document and idid not include copies of visa stamp in my passport which has expired loing time ago, now I just received 2nd aor yesterday - I am afraid it will be returned and they will ask all of those past approvals and visa stamp in the passport...should I just send it to them...now?
thanks in advance

erikvirgo

they didn't cash the check, or give me a number they returned the whole application as it was never sent twice.
How did you manage to stay 10 years, while the maximum is 6 and then yo uhave to go out of the US for a year before they issue you a new H1B? are you applying for a greencard?
Thanks.

 

[erikvirgo]

yes I am in gc process and the wait is long and stressfull.. i am kinda fed up with it... i am planning to move to canada for good. I hope I can get a similar job there, I have been working with large international companies actually one was a Canadian company..so hopefully I will survive..