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Over stay in USA on L1 visa, Applying for express entry

ClarkeS

Star Member
May 12, 2018
133
51
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.
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.
 

mike2236

Hero Member
Nov 28, 2017
365
96
How can you get a pr in Canada when you can’t even get a study permit or work permit?
There are many pathways ... one of which is the direct federal EE pathway which does not require a study permit nor work permit unless the rules have recently changed.
 

mike2236

Hero Member
Nov 28, 2017
365
96
How many points you think he’s gonna get in express entry? With no Canadian degrees, Canadian work experience, or arranged employment?
I don't know but the OP can simply check ... which is the reason I say if the OP qualifies.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
How can you get a pr in Canada when you can’t even get a study permit or work permit?
Many people who don't qualify for study/work permits get PR. Temporary vs. PR apps have completely different requirements.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
How many points you think he’s gonna get in express entry? With no Canadian degrees, Canadian work experience, or arranged employment?
It is entirely possible to qualify with a combination of foreign advanced education, skilled work experience, high language scores etc.
 

mike2236

Hero Member
Nov 28, 2017
365
96
exactly.
I guess op should know that qualifying for express entry does not mean you will be granted a permanent residency, and you are competing with thousands of people at the moment with most likely higher crs score.

I feel like you guys are giving OP some sense of false hope.
I didn't finish my sentence but as I said in a previous post "if the OP qualifies and is invited to apply.
 

mike2236

Hero Member
Nov 28, 2017
365
96
that will put you most likely in upper 300s. So no pr. Unless OP has a some really good foreign work experience in a job. He might have chance to get picked as pnp. But with the amount of people applying at the moment and I just don’t see a viable option for a pr
Your CRS score is subjective as you don't know the OP details. I just ran the calculator for a couple with no Canadian experience or Canadian education and the score comes up to 494. So as you can see the OP should run the calculator and see what score they comes in at. Depending on the score then the OP can see ways to possibly improve their score. Granted there is the possibility that the score can be in the lower 300s depending on the OP circumstances.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
that will put you most likely in upper 300s. So no pr. Unless OP has a some really good foreign work experience in a job. He might have chance to get picked as pnp. But with the amount of people applying at the moment and I just don’t see a viable option for a pr
I suggest you review the CRS breakdown. A 30 year old with a Masters, 3 years of skilled work experience and top language scores scores high enough to get an ITA right now.
 

mike2236

Hero Member
Nov 28, 2017
365
96
He would probably have to get a 12 on CELPIP, do you know how hard that is? Even some native speakers can’t get that score.

yes he should run the crs calculator, but I’m trying to be more realistic.
Nothing is easy but where there is a will then there is a way - study and it's not impossible.

I'm a native English speaker and I didn't get the highest score so I know that it's not easy but that is in the OP control as they can do it multiple times. Also the highest on the IELTS is not required.
 
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mike2236

Hero Member
Nov 28, 2017
365
96
What do you mean the highest on IELTSis not required? He needs points if he has zero Canadian experience or education. He needs to score as high as possible to get. Some points
Check the points allocation for IELTS score range per CIIC.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
Your score is subjective as well, your argument is invalid
??

My argument is perfectly valid. Your statement:

that will put you most likely in upper 300s. So no pr. Unless OP has a some really good foreign work experience in a job. He might have chance to get picked as pnp. But with the amount of people applying at the moment and I just don’t see a viable option for a pr
That is clearly not valid, as evidenced by a simple exercise with the CRS tool and the MANY people that qualify under FSW with zero Canadian education, zero Canadian work experience, no Canadian job offer and no provincial nomination.
 

zabrodov

Hero Member
Sep 19, 2018
653
362
Gatineau
Category........
FSW
Visa Office......
Montreal
NOC Code......
4163
App. Filed.......
11-11-2018
AOR Received.
11-11-2018
File Transfer...
24-01-2019
Passport Req..
02-08-2019
LANDED..........
02-09-2019
that will put you most likely in upper 300s. So no pr. Unless OP has a some really good foreign work experience in a job. He might have chance to get picked as pnp. But with the amount of people applying at the moment and I just don’t see a viable option for a pr
That's not true. As many have already pointed out, you can get enough points with foreign credentials and no job offer

That is clearly not valid, as evidenced by a simple exercise with the CRS tool and the MANY people that qualify under FSW with zero Canadian education, zero Canadian work experience, no Canadian job offer and no provincial nomination.
I am one of those :)
No Canadian education, no job offer, no PNP and I also didn't claim 3+ years of experience. I claimed points for 1 year only as it was enough.
 
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Vicky0610

Newbie
Jan 28, 2020
3
0
I think you will be just fine applying for Canadian PR in the United States, no need to panic. I advise you start your research on the required steps for the application right away, also search this topic in the forums: removal proceedings in America. The posts there will encourage you as you will read about people with worst cases and they are now successful pr holders. You will be fine and as regards the FBI requirement (finger prints for applicants who reside in the US) fear not, it has nothing to do with your immigration status, it is for criminal background check. Remember as far as you remain truthful about your status in the statutory questions, you will be fine. I wish you the very best.
Hello Thank you and every one for your reply,

Here are some more update about my case : We feel that in USA we can not get permanent residency or status, so we are trying to moved to Canada for permanent solution. We research the options and found below :
Apply for owners/ Operator LMIA --> Work Permit --> apply for Express entry for PR with LMIA 200 points .

We already applied to LMIA and waiting for result.

My main concern about at the time of applying work permit or EE , our out of status issue will be problem ?

Thank you for for your help.