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ecalo

Newbie
Oct 31, 2009
2
0
I've been out of status for several years. I enter the country with a tourist visa because I had a job offer and the promise from my employer at the time to take care of my change of status and my immigration process. I didn't happen.

My employer made us (my and the other employees than were applying) filed a 245i back in 2001. Nothing had happened. I not longer work for them.

I'm planning to immigrate to Canada. I did very good in the test. I even found some employers on Canada who are interesting on hire me.

So, my questions are:

1.- Being out of status in the US for all this time affect or stop my chances to migrate?

2.- Can I apply from the US or I have to go back to my country?

3.- Usually how long the process takes?

4.- Having an employer in Canada helps or speed the process or let me apply from the US?
 
Hi Ecalo,

I hope this helps:
http://www.canadavisa.com/canadian-immigration-faq-application-process.html
 
1. Being out of status in the US will not affect your chances to immigrate to Canada but it would be very hard, if not impossible for you to get any kind of temporary visa to Canada with your history of overstay in the US.

2. You can not have your application processed in the US because you were not legally admitted to the US. You can still stay in the US while your application is being processed in your home country. You would only have to return to your home country if the visa office there requests an interview.

3. If you apply under the skilled worker program, be prepared for a year, could be longer. Could also be less than a year if you have a job offer.

4. A job offer should speed up the process but will not allow you to apply from the US.

You can read about AEO (arranged employment offer) at http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/supperimm.shtml The employer would have to apply for this and send it to you and then you can use it to apply for your immigration.