It's only necessary to explain to Canada about the reason for the overstay if the status you are applying for is temporary - such as a student visa. Since you've overstayed in a previous country, Canada will be concerned that you will overstay a second time. However, if you apply for Permanent Residence there that is a permanent status that you can't 'overstay' so an explanation is not necessary.Yes he does. He broke the law. And will most likely face a ten year ban in the U.S. if he gets caught by ICE or self deports himself back to India. You can’t ask CIC to let you stay in Canada when you just overstayed your visa in America. Both agencies work closely together. He needs to explain to CIC why he did it in order for them to consider whatever route he chooses to come here.