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Out of status in US after work visa, move to Canada possible?

  • Thread starter Thread starter vs
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V

vs

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Jun 2, 2010
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By several reasons I ended up being out of status in US after my work on H1B visa. My profession is listed among desired by Canada and I took both tests on Canadian government website and looks like I am qualified for skilled worker immigration. My question is: can I immigrate to Canada without leaving US? My main concern is not to get in trouble while visiting Canadian consulate in US for Interview or whenever I have to be there, knowing that I am out of status. I have a baby daughter, and I am scared of this possibility, but not as much as if I would have to come back from US with BAN record and get stuck in my home country.

Thank you for your suggestions.
 
If you were initially admitted to the US with a one year visa or longer, you can apply for your immigration through Buffalo without leaving the US. Many other people in your situation have done that and succeeded. Good luck.
 
Leon said:
If you were initially admitted to the US with a one year visa or longer, you can apply for your immigration through Buffalo without leaving the US. Many other people in your situation have done that and succeeded. Good luck.
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Thank you for words of hope. What are my chances to be reported to US immigration and detained? I also heard there is FBI certification required - would this FBI check be equal to report to immigration?
 
It looks that I will (if it will have reasonable risk involved) apply as Federal Skilled Worker. Being new to this I am not sure why should I go through trouble finding employer and pay extra $2000 for Nominee program. I can show $20K that are not required for PNP applicants, this is the only big difference I can find. Am I wrong?
 
Like Leon mentioned, you can go ahead and apply for FSW1 no issues. There are many ppl who has done that successfully.

About FBI and other PCC reports, they are for criminal records not immigration since immigration violations dont come under criminal offence but civil offence...so there are absolutely no issues....go ahead and apply.

Now Buffalo is processing the applications faster..so good luck.
 
Thank you. I will look in to FSW without job offer, I guess as I mentioned earlier I don't have to go through nomenee program.
 
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