Overstayed in USA and Have a new job in Canada

[hilda8519]

You need more evidence that a bank transfer but it does seem like you have spent time lots of time in person in the past 2 years. Hopefully you also took pictures. You should really be warning your employer of your overstay because you are likely going to have trouble entering the US in the future. The sponsorship will still take around 12 months. You would not qualify for a work permit with Outland spousal sponsorship. Your husband would need to remain in Canada during the sponsorship period. If you need an interview you would need to go somewhere else. Don’t think they actually do interviews in Iran so maybe Turkey.

My job is in Canada and it is a Canada company and I will not travel to US once I begin to work. I have asked US lawyer he said I could not enter US for next 3 years. That is OK if I can stay in Canada.

 

[scylla]

My job is in Canada and it is a Canada company and I will not travel to US once I begin to work. I have asked US lawyer he said I could not enter US for next 3 years. That is OK if I can stay in Canada.

There is no fast option for getting you to Canada.

There is zero chance a work permit or visitor visa will be approved since you are out of status in the US. These are not realistic options for you given your overstay.

If you want to get married - you'll need to do this either in the US or in your home country. Once your partners sponsors you for PR, it will take around a year for the application to be processed and you won't be able to enter Canada during this time. So best case scenario, you're looking at around a year before you will be able to come to Canada.

If you have been out of status in the US for less than six months, you should leave now and return to your home country. Then you will not have a 3 year ban from the US. If you are out of status in the US for more than six months, you will have a 3 year ban. If you are out of status for more than a year, you will have a 10 year ban. If you end up with a ban, this may make it more difficult for you to be approved for PR to Canada through spousal sponsorship. So your best option is to leave the US as soon as you can and return home.

 

[hilda8519]

There is no fast option for getting you to Canada.

There is zero chance a work permit or visitor visa will be approved since you are out of status in the US. These are not realistic options for you given your overstay.

If you want to get married - you'll need to do this either in the US or in your home country. Once your partners sponsors you for PR, it will take around a year for the application to be processed and you won't be able to enter Canada during this time. So best case scenario, you're looking at around a year before you will be able to come to Canada.

If you have been out of status in the US for less than six months, you should leave now and return to your home country. Then you will not have a 3 year ban from the US. If you are out of status in the US for more than six months, you will have a 3 year ban. If you are out of status for more than a year, you will have a 10 year ban. If you end up with a ban, this may make it more difficult for you to be approved for PR to Canada through spousal sponsorship. So your best option is to leave the US as soon as you can and return home.

I have overstayed for 182 days since B visa expired.

 

[scylla]

I have overstayed for 182 days since B visa expired.

Ah - that's too bad. You should still leave and return home. The longer you remain in the US without status the greater the potential complication for any spousal sponsorship application. This can make it look like a marriage of convenience.

Again - work permit and visitor visa aren't options. No chance you will be approved while out of status.

Good luck.

 

[scylla]

I have passed the background check from the big company and already received and signed the offer letter. The company does not know that I am overstaying and are going to apply for my visa in next January.

You need to tell the company about your immigration history. If the work permit is submitted and the information in the application isn't accurate (i.e. does not mention your overstay) - you'll have a very high chance of ending up with a 5 year ban from Canada for misrepresentation (lying in your application). Don't make a bad situation even worse. You need to start being 100% honest and start following the rules.

 

[hilda8519]

Ah - that's too bad. You should still leave and return home. The longer you remain in the US without status the greater the potential complication for any spousal sponsorship application. This can make it look like a marriage of convenience.

Again - work permit and visitor visa aren't options. No chance you will be approved while out of status.

Good luck.

I have consulted a US lawyer he said the overstay law is suspend since this January for a national law suit . If is a gray area now. Does Canada still considered it is a ban since US is suspended the law?

 

[scylla]

I have consulted a US lawyer he said the overstay law is suspend since this January for a national law suit . If is a gray area now. Does Canada still considered it is a ban since US is suspended the law?

Canada doesn't care about the ban. What Canada cares about is the fact you have overstayed. The overstay is what will prevent you from getting a work permit or visitor visa - and what could complicate a spousal sponsorship application.

 

[hilda8519]

Canada doesn't care about the ban. What Canada cares about is the fact you have overstayed. The overstay is what will prevent you from getting a work permit or visitor visa - and what could complicate a spousal sponsorship application.

Is that possible that once I get married this December in US and go back to Iran at once and told the company I have overstayed in US (hopefully they still want to hire me) and begin to apply for spousal working permit

 

[scylla]

Is that possible that once I get married this December in US and go back to Iran at once and told the company I have overstayed in US (hopefully they still want to hire me) and begin to apply for spousal working permit

You don't qualify for a spousal work permit. A spousal work permit would only be available if you are sponsored for PR inland - meaning you are physically in Canada at the time the PR application is submitted by your spouse.

 

[hilda8519]

You don't qualify for a spousal work permit. A spousal work permit would only be available if you are sponsored for PR inland - meaning you are physically in Canada at the time the PR application is submitted by your spouse.

So I am not qualify any kind of working permit ?
The only way is once I have married and go back to Iran and waiting for spousal immigration for at least 1 year?

 

[hilda8519]

You don't qualify for a spousal work permit. A spousal work permit would only be available if you are sponsored for PR inland - meaning you are physically in Canada at the time the PR application is submitted by your spouse.

I have received the offer which begin in March 2020 and can I use the offer to apply for PR directly now through any nomination(national or provincial) ? Or the offer is valid material until I begin my job(which seems impossible)?

 

[scylla]

I have received the offer which begin in March 2020 and can I use the offer to apply for PR directly now through any nomination(national or provincial) ? Or the offer is valid material until I begin my job(which seems impossible)?

Has your employer obtained an approved LMIA? If so, then this can be classified as a job offer and you'll need to research how to best apply (i.e. through Express Entry or PNP).

 

[hilda8519]

Has your employer obtained an approved LMIA? If so, then this can be classified as a job offer and you'll need to research how to best apply (i.e. through Express Entry or PNP).

Yes. They have. So I have accepted.

 

[hilda8519]

The position is senior one so they company said the can wait for me util October 2020.
The total base for the position is $120 k and if we add stock or something else it will be about $170k.
Can I use the salary or the company's need as an evidence that the working permit is necessary for me ? I am crying all the time now.

 

[canuck78]

The position is senior one so they company said the can wait for me util October 2020.
The total base for the position is $120 k and if we add stock or something else it will be about $170k.
Can I use the salary or the company's need as an evidence that the working permit is necessary for me ? I am crying all the time now.

You can certainly try but your overstay will likely be an issue.