Out of Status ....

[annabruce]

No, not me or my wife. I have been getting private messages from a lady asking me for help and I don't know the right answer. Please, help her. I don't know why she isn't posting the question herself. I'm taking the initiative for her.

Outland family applicant. Application submitted while still in good status.
Brazil.
Multi-entry visa.
Entered from the USA Jan 2011.
Submitted extension of status application, late, in November. Refused.

What is her best next move?

 

[missha]

Whats her intentions? She wanna stay in Canada or what?

If its refused, she should move back to US.

 

[annabruce]

Whats her intentions? She wanna stay in Canada or what?

If its refused, she should move back to US.

Yes, she is a spouse from Brazil applying for permanent residence under the family category, wanting to remain in Canada.

 

[Leon]

If she was refused, she must leave.

If she entered in January and didn't apply to extend her status until November, she had already overstayed her visit visa by 5 months. In order to apply for a restoration of status when you are out of status, you must apply no later than 3 months after your status expired.

She has shown immigration that she doesn't respect their rules. This is probably why she was refused. She should leave now before she gets into even more trouble like getting deported.

 

[annabruce]

She claims her multi-entry visa was good for one year, but as I understand these temporary visas that one year only applies to your available entry dates. Your visit in Canada is still limited to 6 months or less.

 

[Leon]

Right. If the multiple entry visa was valid for one year, that means she could have used it to come and go for up to one year but each visit would still be limited to 6 months.

 

[annabruce]

Thanks.

I've forwarded a link to this thread to her. Hopefully she will follow your advice.