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Singh1994

Member
Jan 16, 2020
10
0
Hello Guys,
My name is Simran. I came to US on a visitor visa in 2009 from India with my father. I had a green card in 2011 through my father because He married an American citizen but he later dropped the case, so we never applied for permanent green card. Now I married an American women in 2016 and applied for my green card but in 2019 Us immigration sent me a denial letter stating that my marriage was not bona fied (only to get green card). Now my question is : I completed my bachleor degree in criminology in 2018 here in the usa (i also went to high school here). I am not in removal proceedings yet, I did not apply for any asylum. If I now go back to my home country (India) and try to apply for a student visa to Canada for my master’s degree , what are my chances of getting that Visa? Will the canadian immigration officers know about my history of us immigration? Even if they do, there’s nothing bad and I did not stay illegal here, I don’t have any deportation or asylum case. So what are my chances of getting a student Visa. Please help. Thanks!
 

canuck78

VIP Member
Jun 18, 2017
27,944
6,047
Hello Guys,
My name is Simran. I came to US on a visitor visa in 2009 from India with my father. I had a green card in 2011 through my father because He married an American citizen but he later dropped the case, so we never applied for permanent green card. Now I married an American women in 2016 and applied for my green card but in 2019 Us immigration sent me a denial letter stating that my marriage was not bona fied (only to get green card). Now my question is : I completed my bachleor degree in criminology in 2018 here in the usa (i also went to high school here). I am not in removal proceedings yet, I did not apply for any asylum. If I now go back to my home country (India) and try to apply for a student visa to Canada for my master’s degree , what are my chances of getting that Visa? Will the canadian immigration officers know about my history of us immigration? Even if they do, there’s nothing bad and I did not stay illegal here, I don’t have any deportation or asylum case. So what are my chances of getting a student Visa. Please help. Thanks!
Almost zero unfortunately. Would work to qualify PR in India.
 

canuck78

VIP Member
Jun 18, 2017
27,944
6,047
Hey Canuck78, why do you say almost zero? Also I didn’t understand what does “would work to qualify PR in India? How can I qualify for pr from India?
Because you have to prove that you will return home at the end of your studies and currently have strong ties to your home country. Given that you are in the US illegally makes it very hard to prove that you will respect Canadian immigration laws and will return to India after your studies. When you return to India you can work towards applying for one of the various PR economic immigration programs.
 

Singh1994

Member
Jan 16, 2020
10
0
Because you have to prove that you will return home at the end of your studies and currently have strong ties to your home country. Given that you are in the US illegally makes it very hard to prove that you will respect Canadian immigration laws and will return to India after your studies. When you return to India you can work towards applying for one of the various PR economic immigration programs.
I am not illegal in the USA. During my whole stay I have stayed under legal status. If I was illegal I wouldn’t be able to go to university and get federal student funds for my study. Regarding my strong ties to India, I have home on my name thats worth rs 2 crore, 8 killas on my name worth rs 1.50 crocre. I’m planing to open my business of rice mill, these are all indicators that I will come back after completing my studies in Canada. Also Please note I will not be deported from US. I will be doing a volunteer departure.
 

Buletruck

VIP Member
May 18, 2015
5,712
1,959
Your denial for a green card (marriage of convenience) will be what works against you for a visa. Agree with canuck78 that your chances of a visa are next to none.
 

Copingwithlife

Champion Member
Jul 29, 2018
2,113
753
Earth
I am not illegal in the USA. During my whole stay I have stayed under legal status. If I was illegal I wouldn’t be able to go to university and get federal student funds for my study. Regarding my strong ties to India, I have home on my name thats worth rs 2 crore, 8 killas on my name worth rs 1.50 crocre. I’m planing to open my business of rice mill, these are all indicators that I will come back after completing my studies in Canada. Also Please note I will not be deported from US. I will be doing a volunteer departure.
You may not be physically deported, but that letter from the INS was basically saying your days in the USA are numbered, correct? It's basically saying leave
If your GC has been denied , what's your status in the USA? And the GC was just not denied, it was denied because the US Government felt your marriage was not legitimate, correct ? That's even worse
In other words , you can't expect to cheat on a test, get caught , then get the valedictorian, it really doesn't work that way
 
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Singh1994

Member
Jan 16, 2020
10
0
You may not be physically deported, but that letter from the INS was basically saying your days in the USA are numbered, correct? It's basically saying leave
If your GC has been denied , what's your status in the USA? And the GC was just not denied, it was denied because the US Government felt your marriage was not legitimate, correct ? That's even worse
In other words , you can't expect to cheat on a test, get caught , then get the valedictorian, it really doesn't work that way
Got it, thanks a lot for your responses guys. Now the guy in the post above mentioned that I could go to India and try for other pr economic programs. What ate my chances for those visas? Can I get pr if my crs score is 411 and on top of that I get pnp or lmi ( work sponser)?
 

bellaluna

VIP Member
May 23, 2014
6,344
1,060
Got it, thanks a lot for your responses guys. Now the guy in the post above mentioned that I could go to India and try for other pr economic programs. What ate my chances for those visas? Can I get pr if my crs score is 411 and on top of that I get pnp or lmi ( work sponser)?
No one can tell you your chances without knowing your background/profile. The score has never also gone as low as 411 for skilled workers...you'll need to aim for somewhere around 470+ to sniff at a chance. You'll need to research the different programs to see what you can qualify for:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html

An economic immigration program would require at least 1 year of continuous full-time work experience outside of Canada, that's why you were advised to work in India, where you would have legal status. Working in the US, where your status is illegal, would not count towards work experience to apply for immigration to Canada.

By the time you would have gained the minimum work experience to immigrate to Canada, there's a chance that the conditions and requirements for immigration will have changed slightly. You'll have to keep yourself updated on those changes, or hire a reputable registered immigration consultant to guide you.

Note: immigration to Canada won't require a lawyer or consultant, but be prepared to do the research.
 

canuck78

VIP Member
Jun 18, 2017
27,944
6,047
Actually work in US could count but getting a skilled job without any status would be hard. Your best chances are to return to India do some further education or work. There is no mention of your spouse so I assume it may have been a marriage of convenience.
 

Singh1994

Member
Jan 16, 2020
10
0
Actually work in US could count but getting a skilled job without any status would be hard. Your best chances are to return to India do some further education or work. There is no mention of your spouse so I assume it may have been a marriage of convenience.
Hey, So you said that my chances of getting a student Visa from India is none because of asylum in usa and marriage of convenience. Now, my question is: i can return to India and do master diploma of a year. That will set my crs score 469. My skilled job is I worked at a restaurant manager NOC 0631 for 3 years already in US. I have tax returns to prove that. So what are my chances with that crs score to get ITA? Won’t they reject my file to immigrate to Canada because of my asylum case in US? Or do they only consider this if I apply for Student Visa? Please advice me so I can makeup my mind. Thanks a lot for your input guys!
 
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immonger

Hero Member
Oct 17, 2018
253
47
I can return to India and do master diploma of a year. That will set my crs score 469. My skilled job is I worked at a restaurant manager NOC 0631 for 3 years already in US. I have tax returns to prove that. So what are my chances with that crs score to get ITA? Won’t they reject my file to immigrate to Canada because of my asylum case in US? Or do they only consider this if I apply for Student Visa? Please advice me so I can makeup my mind. Thanks a lot for your input guys!
  1. Yes, do all of that. Go for PR!
  2. Do not lie about ANYTHING in the PR application and you should be fine. You'll be asked about the asylum case and previous refusals/rejections, whatever. Give them concrete, true accounts of the situation. Build your case.
  3. The student visa will almost certainly be refused. Don't take the risk.
 

Singh1994

Member
Jan 16, 2020
10
0
Thanks for your answer. I think I have a clue of which direction I should head in now. Thanks for your advice guys! Appreciate the help!!
 

canuck78

VIP Member
Jun 18, 2017
27,944
6,047
Agree that you will have to admit to all the immigration rules you broke in a PR application. Assume you have previous restaurant experience before becoming a manager. That will be examined also.
 

Singh1994

Member
Jan 16, 2020
10
0
Agree that you will have to admit to all the immigration rules you broke in a PR application. Assume you have previous restaurant experience before becoming a manager. That will be examined also.
Will that cause the immigration officer to not grant me visa for pr? They shouldn’t care about it because I’m not applying for student Visa. I will be honest about everything and tell them that us government did not have any proof and said that they were not convinced with my marriage because I didn’t submit lots of proofs. Yes, I have experience as a chef before too