Need Help :[ I will apply via buffalo, I have US visa but study 5yrs illegal

[citlalli]

Hello,

I really need your help.
My status in canada: Studen for more than 1 year so that means I qualify to apply outland via Buffalo.
And I have a US visa in case I need to go for the interview.
But my question is: I study my High School in USA with my visitor visa and then went back to Mexico.
I dont know if it will be a problem because i overstayed my 6 months tourist permit.
I didnt work or had any trouble what so ever. but i'm really worried that if i have to go to an interview Canada consulate would report me to USA. Or what is worst that they get a bad impression that i was illegal and dont approve my PR.

Now the solution:
I did my Medical Exam on Friday and put Buffalo for visa office. I can call tomorrow and change it to Mexico and then change my imm forms to Mexico instead of Buffalo. But i really prefer Buffalo is faster and closer. But does anyone know if is a big issue that i study in USA.

Thank you very much!! i will really appreciate your answers.!! ;D

 

[RobsLuv]

OK, I'm a bit confused. You currently have valid temporary status in Canada? And you have a valid US visa so that you can go to the US for an interview? But you're worried that because you once overstayed a study visa in the US by six months, Canadian immigration officials will report you to the USA if you have to attend an interview at Buffalo, and what? The US will refuse you entry for your interview? Or they will deport you to Mexico?

If that's what you're asking, first I'd say it's highly unlikely that Canadian immigration officials will report you to US officials for an overstay that happened in the past. You are, after all, not in the States illegally now - correct? In addition, Canadian immigration officials approve PR visas for people who have previously overstayed in Canada - so I doubt they will refuse your PR application over a past overstay in the US.

All that said: you are still non-visa-exempt, and if you have to go to Buffalo for an interview, it is likely you will not be readmitted to Canada on your return. You would have to wait in the States - or go back to Mexico - until your PR application was decided. Assuming you're being sponsored as a spouse or common-law partner, you might actually benefit from inland processing. With valid temporary status in Canada, you just include an application to extend your status WITH the inland PR ap to protect your temporary status. You can even elect to apply for an open work permit that would be issued (if your application has no problems) 6-7 months after the PR ap and the extension/OWP ap are received by the Case Processing Centre in Vegreville. The requirement is that the PR ap and the extension ap must be received by CPC-V while your current temporary status is still valid. Track the shipment and get delivery confirmation (you wont' hear anything from CPC-V for 6-7 months) as proof that you have "implied status" to remain in Canada past the expiration of your current status, should it expire while you're waiting.

The inland process happens entirely within Canada. It takes a bit longer to finalize than Buffalo would - but when you're non-visa-exempt, it's sometimes better to be able to remain in Canada for the duration because, if you have to leave, you won't be readmitted. Of course, if you file inland you are required to remain in Canada - so if that's not possible for you to do, then be sure to apply outland.

Also, in regards to the medical you just had done . . . it will be sent by the DMP to the Regional Medical Centre in Ottawa where it will stay until the visa office who processes your application requests the results. Buffalo, Vegreville (for inland) and Mexico City all request medical results from the RMC in Ottawa, so that should not present a problem - regardless of which type of ap you decide to file and where it ends up being processed.

 

[rachel6992]

Hi Citialli,

Your situation is very similar to my partner's. First of all, you cannot apply through Buffalo if you haven't been legally admitted in the U.S. for one consecutive year. I'm assuming that when you come to the U.S., they give you a 6 month permit each time, right? Unless they've given you a one year permit, it will have to go through Mexico, if you do an OUTLAND application. They originally sent our application to Buffalo because our address is in the U.S. still (even though we put to process it in Mexico), and 3 months later they transferred it to Mexico because they caught their mistake. So really it was just a wasted 3 months sitting in Buffalo. Once we got the AOR from Mexico, it's been moving along rather quickly, or at least quicker than I thought - but we haven't been called for an interview yet (which will take place in Mexico City, if one is required).

I agree with Robsluv, and that an INLAND app might be your better solution. As long as you're ok with not being able to leave Canada while the entire process takes place, then you can at least stay where you are and work and live, and most importantly, not be apart from your partner! Your interview will take place in Canada as well, not Mexico.

One more thing, I highly doubt Canada will report you to the U.S. for overstaying your visa. Perhaps if you were some kind of criminal then they'd get involved, but otherwise, I can't see them bothering. They have their own issues to worry about, you know?

I'm not sure how the Medicals work, but Robsluv seems to know, so go with her answer! She knows a lot

Hope this helps! Q tengas mucha suerte, en Mexico o Canada, donde sea q decides!!

 

[RobsLuv]

Hi Citialli,

Your situation is very similar to my partner's. First of all, you cannot apply through Buffalo if you haven't been legally admitted in the U.S. for one consecutive year.

Actually, no, this is not entirely correct. US citizen applicants, and applicants with valid temporary status issued for at least one year in the US - OR IN CANADA - are eligible to be processed through Buffalo. Check this page from the CIC website: scroll down to "Canada" and you will see that applicants that are admitted to Canada with status valid for at least one year are eligible to be processed outland through Buffalo.

 

[rachel6992]

Whaaaa??? I had no idea! Well that's cool, good to know