Married, child, long overstay; best course of action?

[LLL]

Hi, folks. My wife and I have let ourselves get into a pretty dismal immigration situation, so I was hoping I could get some advice about a best course of action to get things sorted out.

I'm American, she's Canadian, and we're living in Canada right now. We were married in 2012, and in 2013 I was back/forth to the States a few times, until we found out we were going to have a baby. I've stayed in Canada through the whole pregnancy, and now the baby's 11 months old -- so, I've been here roughly 20 months without extending my visitor visa or taking any other action.

I'm a self-employed freelancer and I've been able to carry-on with my work for US clients from up here, so work hasn't been as bad an issue as it could have been. But, of course, I'm tired of more-or-less hiding-out up here; I want to get everything settled, get my permanent residency, be able to work for Canadian companies if the opportunity presents itself, &c. I do not want to leave Canada to re-set my visitor's visa -- I'm basically the primary carer for the baby, so I can't just leave for a few weeks and come back. But, I also want all three of us to be able to go to my father's wedding down in the States in the fall, and not have any headaches returning to Canada.

A sticky situation for sure. I'd really appreciate any advice from folks who've been in, or have knowledge about, similar situations.

Thanks.

 

[Ponga]

First of all...realize that you are by no means not the only person in a situation like this.

There has been a fair amount of discussion/debate here as to whether or not a person without status should submit an Outland application (which is generally substantially faster for an American), but the issue of non-status could throw a wrench into that wheel.

A person can in fact submit an Outland application while they are in Canada (visiting ), but it's always recommended that the person maintain their legal status, but...you cannot. So the real question is: What happens if CBSA finds out that you're here without status and have submitted an Outland application? The best case scenario is...nothing, while the worst case would be that they remove you from Canada and issue an Exclusion Order preventing you from returning to Canada for a minimum of 1 year.

The fact that you are married with a child might reduce the chances of the unthinkable, but nobody can guarantee anything when it comes to the CBSA.

Since February 2005 a person no longer needed legal status to submit an Inland application, which is why most people in Canada without status have been submitting an Inland application which usually allows the person to remain in Canada, but the processing time is now ~ 2 years total.

Having said that, there have been reports of a couple of people that were successful in submitting an Outland application and remaining in Canada, but IMHO, it's a big gamble.

I suspect that if you leave Canada now (or before your application is processed), you would have a difficult time returning to Canada, but that's merely my opinion based on what others here have reported in the past (that were also out of status). This would mean that you'll have a very difficult decision to make in the Fall.

Good luck!

 

[LLL]

Thanks for your reply, Ponga.

Since February 2005 a person no longer needed legal status to submit an Inland application (...)

I was not aware of this. That sounds like the route I want to take, then. I realize the entire immigration process is never a sure thing, but I want every step I take from here on to be as legitimate and honest as possible -- I certainly don't like the idea of applying Outland and basically fibbing about my whereabouts. The 2 year processing time certainly does throw a wrench into my travel plans, though.

Does anyone know if I could submit an Inland application and then apply for something like a Temporary Resident Permit while it's processing to allow me to leave and return for this one trip?

 

[scylla]

An outland application doesn't force you to lie about where you've been. If you decide you submit an outland application, you still need to be truthful about where you are living now and your current status.

TRPs are for those who are otherwise inadmissible to Canada (which you aren't). If you want to leave Canada, you would have to do so without any guarantee that you will be allowed to re-enter. When re-entering, you would do so on your American passport.