+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Sponsoring illegal Mexican immigrant living in the USA

scylla

VIP Member
Jun 8, 2010
93,291
20,698
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
CanV said:
My point is he can apply at a Canadian visa office in the US as there is a good chance they will accept his application since he is not subject to deportation there. OP may want to check with a lawyer as no one can provide a good answer to this.
They can apply through a visa office in the US - but the file will most likely be transferred to Mexico because he doesn't have status in the US (and hasn't for decades). I believe we've seen two similar cases here in the past and both were handled through Mexico, if I remember correctly.
 

CanV

Champion Member
Apr 30, 2012
1,237
156
Job Offer........
Pre-Assessed..
scylla said:
They can apply through a visa office in the US - but the file will most likely be transferred to Mexico because he doesn't have status in the US (and hasn't for decades). I believe we've seen two similar cases here in the past and both were handled through Mexico, if I remember correctly.
Possibly but I encourage the OP to check as children who were brought illegally to the US have always had special treatment and were never subject to deportation so they technically arent even looked at as illegals.

It is true however that if he leaves the US he may not re-enter legally for at least 10 years.
 

shanabanana

Member
Mar 31, 2015
12
0
CanV said:
An interview can be held in the US too.
I am presently in California with my boyfriend right now. Is it better if we both physically go to the Canadian embassy in Los Angeles and begin the process there? And would the interview be held there as well (if it weren't transferred to Mexico)
 

Lammawitch

Champion Member
Dec 21, 2014
2,256
110
Job Offer........
Pre-Assessed..
shanabanana said:
I am presently in California with my boyfriend right now. Is it better if we both physically go to the Canadian embassy in Los Angeles and begin the process there?
(Pedants' note: it's a consulate not an embassy ;) ) No. Complete waste of time.

And would the interview be held there as well (if it weren't transferred to Mexico)
As has been mentioned already: an interview is not compulsory. *If* one is required, it will most likely be in Mexico, but no one, other than perhaps the VO who processes the application, can answer that question.
 

CanV

Champion Member
Apr 30, 2012
1,237
156
Job Offer........
Pre-Assessed..
Sorry guys but I really don't think anyone is giving her a good advice. I totally think she should go to the visa office in LA to inquire and see if she can apply from there. I strongly believe he can apply in the US and have the interview there if required. I strongly believe he does not need to go to Mexico if an interview is required. I strongly feel his status in the US cannot be compared to any illegal immigrant inside or outside the US. His status in the US may well be "legal" for Canadian immigration.

I rarely advise people to see a consultant but for this I really think you seek help of an experienced lawyer. You don't have to hire one for the entire process. You just need a half hour meeting to receive advice. That's if you don't get an answer from the consulate in LA.
 

Ponga

VIP Member
Oct 22, 2013
10,154
1,334
Job Offer........
Pre-Assessed..
CanV said:
Sorry guys but I really don't think anyone is giving her a good advice. I totally think she should go to the visa office in LA to inquire and see if she can apply from there. I strongly believe he can apply in the US and have the interview there if required. I strongly believe he does not need to go to Mexico if an interview is required. I strongly feel his status in the US cannot be compared to any illegal immigrant inside or outside the US. His status in the US may well be "legal" for Canadian immigration.

I rarely advise people to see a consultant but for this I really think you seek help of an experienced lawyer. You don't have to hire one for the entire process. You just need a half hour meeting to receive advice. That's if you don't get an answer from the consulate in LA.
Please explain?

As you must already know, the sponsorship application is mailed to CIC in CANADA and CIC determines which visa office process the applicant's portion. How can they `apply from there'?

We are also assuming that the sponsor is a Canadian citizen. If she is, they can apply from `there'. but if she's not a citizen, she has to be `here'.
 

Lammawitch

Champion Member
Dec 21, 2014
2,256
110
Job Offer........
Pre-Assessed..
The visa office will refer her to the online guide for applying for spousal sponsorship; if they even let her through the door.

see Ponga's reply which x-posted with mine

The rest of your (CanV) post does not stand up in light of application requirements & practices. *some* of what you say *might*, or *might not* apply.

If I were the OP, and nothing to do with spousal sponsorship application, I'd be mildly concerned about my own status in the U.S., given the admitted overstay....
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
CanV said:
Sorry guys but I really don't think anyone is giving her a good advice. I totally think she should go to the visa office in LA to inquire and see if she can apply from there. I strongly believe he can apply in the US and have the interview there if required. I strongly believe he does not need to go to Mexico if an interview is required. I strongly feel his status in the US cannot be compared to any illegal immigrant inside or outside the US. His status in the US may well be "legal" for Canadian immigration.
Going to the LA office is, as said above, completely pointless.

What you "strongly feel" or "strongly believe" means nothing. He has no legal status in the US and never has, so CIC will send the file to Mexico City. If an interview is required, it will be in Mexico City. Regardless of his age or circumstances, he is in the US illegally and CIC will not see it any other way.
 

Ponga

VIP Member
Oct 22, 2013
10,154
1,334
Job Offer........
Pre-Assessed..
Lammawitch said:
If I were the OP, and nothing to do with spousal sponsorship application, I'd be mildly concerned about my own status in the U.S., given the admitted overstay....
That's an excellent point. The U.S. is nowhere near as forgiving as Canada.
 

Lammawitch

Champion Member
Dec 21, 2014
2,256
110
Job Offer........
Pre-Assessed..
shanabanana said:
I met my current boyfriend online about five years ago and this past March (2014) I flew to California from Toronto to stay with him and his family for six months, but I ended up overstaying and am due to head back soon. He was brought into the United States in 1993 when he was age 4, obviously making him an illegal immigrant. He has a clean record and hasn't committed any crimes since being here. Neither of us have any children or dependents. We have plenty of pictures, documentation and witnesses to prove that our relationship is indeed genuine. Will his illegal immigrant status cause any issues regarding me sponsoring him to come live with me in Canada?
Going back to the start:

Are you, the OP, a Canadian citizen? Or a PR?

Do you & your boyfriend qualify for common-law (living together for at least 12 months?) Can you provide proof of that?
 

shanabanana

Member
Mar 31, 2015
12
0
Lammawitch said:
Going back to the start:

Are you, the OP, a Canadian citizen? Or a PR?

Do you & your boyfriend qualify for common-law (living together for at least 12 months?) Can you provide proof of that?
Yes, I am a Canadian citizen and we qualify for common-law. We can provide proof in various ways.
 

Ponga

VIP Member
Oct 22, 2013
10,154
1,334
Job Offer........
Pre-Assessed..
Looks like a 3 year ban may already be in place:
http://www.visapro.com/Immigration-Articles/?a=173&z=30

(having overstayed beyond 180 days now, but less than 1 year).

Yikes!
 

CanV

Champion Member
Apr 30, 2012
1,237
156
Job Offer........
Pre-Assessed..
I don't care about what any of you think about what I said. I am getting sick of idiots jumping here with what they "think". Either give an advice you are confident with or shut your hole. I don't "strongly believe" I actually know for a fact that Canadian consulates look at those cases differently. I don't need any of you correcting me and keep your replies to yourselves as I won't be checking this.
 

CanV

Champion Member
Apr 30, 2012
1,237
156
Job Offer........
Pre-Assessed..
And for whoever is replying to me, I wasn't talking or replying to you from the first place so go find somewhere else for your nose.