Question please help.

[Amethyst53]

Hello. I am asking this question for my son. My son is a Canadian citizen, living and working in the U.S. with a Musicians visa. He met and fell in love with a Phillipino girl, who was working in the U.S. with a conditional visa. Her visa has expired, and she has 185 days left in which she must vacate the U.S. because she is no longer legal. They will not renew her visa. My question is this. If she stayed in the U.S. awhile longer as an illegal, would this affect her future application to immigrate to Canada with my son as her sponsor? That is if she was found out?

We are wondering and worried about this. Thank you for any help.

 

[Sweden]

Being illegal in the US won't prevent your son from sponsoring her. It will be a "red flag" but it can be explained, and if they have a long history together, and can prove their relationship, it should be fine. It would look suspicious if they just met, she was illegal, and he sponsored her to Canada, as it would look like she was only trying to get a status in North America. About being found out - I don't know enough about US immigration to know.
However, one thing to consider, is that she will be banned from the US most likely as soon as she goes out.

So - if they already qualify as common-law, or are getting married, then sending the application, I would recommend that she goes back to the Philippines to wait the outcome of the application. It will be a bit hard to be away, but it might make the application more straightforward. as he is a canadian citizen, he can also be out of Canada for the time of the application - so he could also go the Philippines with her while they wait, and return once the PR has been issued.
Good luck,
Sweden

 

[scylla]

No - remaining in the US illegally should not affect her application for PR assuming she and your son have been married for a while. If they are very recently married, the overstay might cause CIC to question her motives for marrying your son (i.e. is she trying any means possible to remain in North America?).

However it's in her best interest to leave the US as soon as she can after her visa expires. If she overstays by more than six months, she will be automatically banned from re-entering the US for three years as soon as she leaves. If she overstays by more than a year, the automatic ban increases to 10 years.

Obtaining PR or even citizenship in Canada won't remove the ban. So again, please encourage her to leave before any ban kicks in. Unlike Canada, the US takes an extremely hard line with overstays.

 

[Amethyst53]

Thank you bothe for your answers, this really helps. I realize that once she leaves the U.S. if she overstays she will not get back in. Thanks again!