Status in the US - application to canada

[traveler420]

I understand that to submit applicaiton to Canada (from the US) one must show a 1 yr legal stay in the US (with status). I enter the US with a tourist Visa - overstayed. A couple of years later married a US citizen and now my US case is Pending Permanet Residence. I do not have a VISA but I do get valid work permits annually. Are the work permit enough to show that I have some kind of "status" here in the states?

 

[PMM]

Hi

I understand that to submit applicaiton to Canada (from the US) one must show a 1 yr legal stay in the US (with status). I enter the US with a tourist Visa - overstayed. A couple of years later married a US citizen and now my US case is Pending Permanet Residence. I do not have a VISA but I do get valid work permits annually. Are the work permit enough to show that I have some kind of "status" here in the states?

Nope, you weren't originally "admitted" for 1 year. So until you have your green card, you can't apply through a US office.

PMM

 

[carigirl]

Once u have a pending permanent green card and u have filed for adjustment of status, I think I 485 (not sure) then u can apply. I had this clarified by an officer in Buffalo when I applied. They asked me to provide my I485 and my I797 (receipt notice of action from US immigration) before they accepted my file in Buffalo. The officer said once I had an adjustment of status pending then I was fine. If u already filed for ur adjustment of status then u are fine and can apply because it counts as being legally admitted. If u did not file then u would not be able to apply thru Buffalo.

FYI : initially I gave my work permit but they indicated that this did not prove legally admitted and hence requested the docs outlined above. My situation was similar and hence I am confident in my answer since I have been thru it.

Good luck

 

[NewYorker]

I will echo what PMM said, you MUST have your first year legal in the US, if you get a work permit while your tourist visa was valid then it should be fine, but you overstayed the visa and then got married, so you need a US green card status first to apply for Canadian PR.

 

[carigirl]

As I said I was in the same exact situation as traveler420, applied thru Buffalo and gave my work permit as prof of my status, Buffalo returned my file and an immigration officer from Buffalo gave me a list of docs which they would accept in this situation. As indicated in my previous email I provided those docs and after 2 months they sent me my AOR and my case is in process. As I mentioned once u filed ur adjustment of status (form I 485) here in the US and received ur I-797(receipt of notice from US immigration), u give Buffalo copies with ur application and u r good to go. If they require additional doc they would inform u and not just reject ur file. I have done it and they accepted it. This is my experience because I have actually been thru it and was contacting Buffalo with all my questions. You can do the same if u want because everyone will have something different to say. But again I had the same situation as u, still have not collected my green card, and now my case is in process for Canada thru Buffalo. Good luck..and my green card is still pending here as well.....

 

[Alpha Romeo]

I agree with Carigirl because these are the same documents that they requested from me when they returned my package back due to lack of evidence of 1 year legal stay. If you can provide that you have a pending application for adjustment of status which is I485 and I797 which is notice of action then they will accept your application.

 

[NewYorker]

Try it!