Overstay in US

[ssanndy]

If you are out of status in the US ( due to overstay of visitor's visa) is there any programme or category that you can apply for to immigrate to cananda. Example ( skilled worker).

 

[max_lee]

Hi SSANDDY,

I am not sure about the category you apply but in any case when you apply(in ur case from the US) there is a column where you have to mention ur current status and if that shows u r out of status, ur application will be rejected immediately, this is my take, lets see what other senior members have to say.

Max

 

[juanda78]

If you were in the States as a tourist (6 months max) and overstayed... you can't apply to Buffalo. You need to be legally admitted 1 year in order for you to apply. You will have to apply to your local office and disclose your status in the States...

Regards.

 

[nice_ladies]

I am looking to apply for the skill worker also and have some problem that I had valid 1 year J-1 (student exchange) but it said on my visa that 2 years rules does not apply and I am over stay for 2 years in the us. so will i be able to apply here in us.



Thank you veryyyy much!

 

[reydon123]

Hi! ssandy, even if you are out of status or no status in USA, you can still apply in canadas FSW program in any category provided you meet all the needed requirements . Legal status in US is not a requirement to be able to qualify under any of the FSW category. If you come to the US and you can prove that you have a valid 1 year legal status in US, your papers can be processed in US. If you cannot provide a year of legal status here, your papers will be processed from your country of origin. You dont need to go back to you home country, you can process your papers while in US.

 

[reydon123]

In addition, what Max lee stated that once you are out of status in US your application will be rejected... that is not true, like what Ive said, LEGAL STATUS IN US IS NOT A REQUIREMENT to immigrate to CANADA. All you need to put on that question on the application is "NO STATUS" or " OUT OF STATUS" and it is totally fine.

 

[joy4u]

In addition, what Max lee stated that once you are out of status in US your application will be rejected... that is not true, like what Ive said, LEGAL STATUS IN US IS NOT A REQUIREMENT to immigrate to CANADA. All you need to put on that question on the application is "NO STATUS" or " OUT OF STATUS" and it is totally fine.

....but what happens in FBI and state clearance....over stay/illegal immigrant is a serious offence I guess.

 

[max_lee]

....but what happens in FBI and state clearance....over stay/illegal immigrant is a serious offence I guess.

my comments were precisely based on what will happen during the process stage,yes one can start the process from here(US) but anyways you will have to go to your home country for stamping the PR as you cannot do that in US as you are out of status and also you have to mention where all(countries) you have lived(more than 6 months) immaterial of your status, and when you mention US then you have to produce a FBI clearance as well as PCC from all the states you lived more than 6 months ...........how r u going to get these ?????????????????????????.

My comments of NOT POSSIBLE were based on the above conditions.

Max

 

[todiefor]

if you overstay in the US, you MUST have 1 year of continuous LEGAL stay in the US, no criminal record plus you need to meet other requirements to apply for skilled worker category. don't worry about the FBI clearance, they don't check whether your legal or not when you apply for the certificate.