SO CONFUSED!

[zainy]

Hello all,

I have been a member on this forum for a while now as I have been working on filling out my inland application. I would have been lost without this forum, so I thank YOU ALL for your words of wisdom.

I am still in the process of filling out my inland application, but have faced a dilemma.

I am not a U.S citizen however, I studied and lived in the U.S for the past 7 years. I then got a TRV for Canada and got married to my husband in June 2014 and currently reside with him in Canada. I have been recently advised that I could actually apply as an outland applicant through a U.S office since I have legally resided in the U.S for more than 1 year. Is this possible? and what are the risks? Also, would I have to travel to the U.S for any interviews etc?

I would do almost anything to reduce my processing times, however I do not want to risk living apart from my husband in Canada.

My second question is in relation to my inland application: I am currently working for a U.S company and have some training in the U.S. Once I file my inland application with my OWP, I know that you are discouraged to leave Canada however, if I have a training visa or something of that sort, do my chances of re-entry into Canada increase?

Thank you so much for your help. If an outland is not an option for me, I need to get my inland application in ASAP especially considering the horrific wait times

 

[Rob_TO]

I am not a U.S citizen however, I studied and lived in the U.S for the past 7 years. I then got a TRV for Canada and got married to my husband in June 2014 and currently reside with him in Canada. I have been recently advised that I could actually apply as an outland applicant through a U.S office since I have legally resided in the U.S for more than 1 year. Is this possible? and what are the risks? Also, would I have to travel to the U.S for any interviews etc?

All that matters is your current status in the US. If you currently hold a US visa valid for at least 1 year, then you qualify to request outland processing based on US residency (so CPC-Ottawa office).

The risk is that CIC may still decide to process your app based on your citizenship, in which case it would go to the outland visa office that serves whatever country that is. And any potential interview (although rare) would be held in your home country.

If your app was processed in CPC-Ottawa, any potential interview would be in the US or possibly Canada if you requested it.

My second question is in relation to my inland application: I am currently working for a U.S company and have some training in the U.S. Once I file my inland application with my OWP, I know that you are discouraged to leave Canada however, if I have a training visa or something of that sort, do my chances of re-entry into Canada increase?

There is no such thing as a "training visa". However with an inland app in process, when you try to return to Canada if you show proof of PR app in process and proof of employment in the US (and any other ties to the US you may have), then you should't have any issues coming into Canada. But this is never guaranteed.

 

[Kayaker]

Where are you from originally?

Non-US citizens can be, and have been, processed in Ottawa, where the vast majority of US citizens' cases are processed. However, it is ultimately CIC's choice where they send your application. If you have been living in the US for 7 years and can still claim to live there (have a valid visa/permit there, have an address) you could indicate that you want your file to be processed in Ottawa. However, there is no guarantee that CIC might decide otherwise.

Where are you from? Outland processing times are NOT an average, so almost everybody is better off filing an Outland application than inland.For example, Singapore has a processing time of 31 months or so, but a lot of people seem to be getting PR in about a year. Of course, to hope for a relatively quick PR, you should have an absolutely watertight application, with no missing documents, no missing signatures, all forms up to date, good relationship proof, etc.

Your chances of re-entry into Canada is not affected by your PR application at all. Each and every re-entry has its own risk. As you know, if you fail to re-enter Canada, your application is canceled and there is no appeal, so Inland applicants usually stay in Canada until they get PR. The risk might not be huge, but it is a risk.

 

[rhcohen2014]

As an outland applicant, even if you request to be processed based on your current residency in the US, CIC may still decide to send it to your home country. Ultimately it's their decision.

The approval "trend" for us residents applying through Ottawa (Where us applications are sent) seems to be 12-16 months, not the 3-7 months seen by citizens. Also, being a us resident on a work visa has been noted as a reason to be called into an interview, which is held in LA. Those requiring interviews, again seem to have a wait time of 12-16 months.

If you have a visa to enter canada, as an outland applicant, you are free to travel too and from canada. Outland applicants can "visit" canada during their application process, even staying there the entire time. If you work remotely for a US employer, your chances for being refused entry at the border decreases, because it alleviates their concern you will be seeking canadian employment. Unfortunately, no one can really tell you how often you can travel to and from canada, because whether you are allowed in is at the discretion of the border agent you encounter. Being able to prove residency, a job in the US and you've submitted a PR application will only HELP you enter.

Whether inland is the right choice for you is dependant on where you are from. if the visa office in your home country has a wait time (based on numbers from this forum - not the cic site) that is longer than inland, THEN it's recommended. if it's the same as for a us resident or shorter, then you will want to apply outland.

 

[zainy]

Hi all,

Thanks for your prompt responses.

To make things a little more clear, I am of Kenyan nationality and the current processing times for outland applications through the Kenya office are bordering at 21 months after the 44 days of first stage approval.

I do not hold any currently status in the U.S and if I were to visit, then I would have to apply for a visitor's visa just like any other person with my Kenyan passport. However, I do have ties in the U.S especially since I lived there for a significant portion of my life. My siblings live in the U.S and I have some bank accounts in the U.S as well which use my U.S address.

Apart from that, I have moved all my belongings and my life to Canada after I got married in June. I do not have a work visa in the U.S, but I do some independent contracting with a firm in the U.S that I used to work at before I moved to Canada.

I hope this helps to clarify some of the gray areas.

From what I am gathering, it is probably my best option to file for an inland application and suck up the wait time . Please correct me if I am wrong.

Thank you once again for all the help!

 

[rhcohen2014]

Hi all,

Thanks for your prompt responses.

To make things a little more clear, I am of Kenyan nationality and the current processing times for outland applications through the Kenya office are bordering at 21 months after the 44 days of first stage approval.

I do not hold any currently status in the U.S and if I were to visit, then I would have to apply for a visitor's visa just like any other person with my Kenyan passport. However, I do have ties in the U.S especially since I lived there for a significant portion of my life. My siblings live in the U.S and I have some bank accounts in the U.S as well which use my U.S address.

Apart from that, I have moved all my belongings and my life to Canada after I got married in June. I do not have a work visa in the U.S, but I do some independent contracting with a firm in the U.S that I used to work at before I moved to Canada.

I hope this helps to clarify some of the gray areas.

From what I am gathering, it is probably my best option to file for an inland application and suck up the wait time . Please correct me if I am wrong.

Thank you once again for all the help!

Since you do not have legal residence in the US, you can not apply through the us, even though you have ties there. in order to request Ottawa, you must be able to prove you have been legally admitted for at least 12 months at the time of submitting your application. even if you request it, my guess the request would be denied and it will be processed based on your citizenship.

If you can enter canada without issue and extend your stay, then yes, i would probably say your best bet IS to apply inland. Also, some applications from African countries were recently affected by the Ebola crisis, so double check you won't incur an issue because of this. As for traveling to the us for training while your inland application is processing, the risk is being denied reentry and having your application cancelled. Again, no one can really tell you what the likelyhood of that happening is, because it is dependant on your experience at the border.

 

[zainy]

If you can enter canada without issue and extend your stay, then yes, i would probably say your best bet IS to apply inland. Also, some applications from African countries were recently affected by the Ebola crisis, so double check you won't incur an issue because of this. As for traveling to the us for training while your inland application is processing, the risk is being denied reentry and having your application cancelled. Again, no one can really tell you what the likelyhood of that happening is, because it is dependant on your experience at the border.

Thank you rhcohen2014! As much as I hate to see it, I think my best bet will be an inland. I highly doubt the ebola crisis will play any role in my situation as I haven't been in Africa for years however, like you said, I will double check just to be on the safe side.

I appreciate all your help!

 

[Kayaker]

Before you decide, though, you should find some people on this forum who are going through the visa office in Kenya, or who recently did so, and ask them how long it took. "Processing times" are usually a bad indication of what the wait time is realistically. Quite often, a lot of people get PR in half of the "processing time". But the people who applied there know best, so go ask them.

 

[rhcohen2014]

Before you decide, though, you should find some people on this forum who are going through the visa office in Kenya, or who recently did so, and ask them how long it took. "Processing times" are usually a bad indication of what the wait time is realistically. Quite often, a lot of people get PR in half of the "processing time". But the people who applied there know best, so go ask them.

very good point. definitely confirm the "trend" seen by real life applicants on this site. the posted times on the cic site are more of a "worst case scenario" from LAST YEAR'S processing.

 

[zainy]

very good point. definitely confirm the "trend" seen by real life applicants on this site. the posted times on the cic site are more of a "worst case scenario" from LAST YEAR'S processing.

Before you decide, though, you should find some people on this forum who are going through the visa office in Kenya, or who recently did so, and ask them how long it took. "Processing times" are usually a bad indication of what the wait time is realistically. Quite often, a lot of people get PR in half of the "processing time". But the people who applied there know best, so go ask them.

Thank you so much! Will definitely do some more research before pursuing either option

 

[Rob_TO]

Apart from that, I have moved all my belongings and my life to Canada after I got married in June. I do not have a work visa in the U.S, but I do some independent contracting with a firm in the U.S that I used to work at before I moved to Canada.

How exactly are you doing "independent contract" work in the US if you don't hold a valid US work visa??

I assume US laws are the same as Canada so if you don't hold a valid work permit/visa, you can't do ANY work for ANY company no matter how you arrange it. Unless the US is different in this aspect?

 

[Kayaker]

Do freelancers need a work permit? I freelance and I've done work for a variety of organizations from different countries.

 

[keesio]

Do freelancers need a work permit? I freelance and I've done work for a variety of organizations from different countries.

Yes. At least in the US. The US is very strict about any form of work done on their soil.

To the OP: agree with others that you cannot apply via Ottawa since you no longer have resident status in the USA. But also agree that the times listed on CIC's site may not apply to you if you have a straightforward case with no red flags that does require an interview (it is usually the need for an interview that slows tings down so much). So check with others who have gone through that VO.