Undocumented in USA applying for Canadian Student visa

[intotellies]

Hi all,

after reading some of the post here, there are some cases that closely resembles my situation. However, I would like to ask everyone's opinion on my situation.

I am in my last year of bachelor's degree in the US. My parents first brought me here from Indonesia in 1997 and we came back and forth a couple of times, even got 2 tourist visas back to back each lasting 5 years. I am sure that we overstayed each time.

The last time I re-entered the USA was in 2005, I was 16 at the time; I am pretty sure I am in the US-VISIT database (my retina and 10 fingerprints were taken) if that counts for anything. We have not been out of the US since then. I am in my last semester and am looking for Canadian Masters program.

Putting the acceptance to a Canadian school, health records, and funding aside; is it likely I will be granted a student visa?

Some options that I have been thinking about:

1. applying the visa from US and telling the whole situation
2. applying the visa from US claiming I am on a student visa
3. applying the visa from US after seeking asylum in the US
4. applying the visa from Indonesia, my home country

Thank you all,


intotellies.



P.S. I do not have a criminal record, if somebody would like to comment on the police records and the FBI feel free to do so.

 

[enfield]

Hi all,

after reading some of the post here, there are some cases that closely resembles my situation. However, I would like to ask everyone's opinion on my situation.

I am in my last year of bachelor's degree in the US. My parents first brought me here from Indonesia in 1997 and we came back and forth a couple of times, even got 2 tourist visas back to back each lasting 5 years. I am sure that we overstayed each time.

The last time I re-entered the USA was in 2005, I was 16 at the time; I am pretty sure I am in the US-VISIT database (my retina and 10 fingerprints were taken) if that counts for anything. We have not been out of the US since then. I am in my last semester and am looking for Canadian Masters program.

Putting the acceptance to a Canadian school, health records, and funding aside; is it likely I will be granted a student visa?

Some options that I have been thinking about:

1. applying the visa from US and telling the whole situation
2. applying the visa from US claiming I am on a student visa
3. applying the visa from US after seeking asylum in the US
4. applying the visa from Indonesia, my home country

Thank you all,


intotellies.



P.S. I do not have a criminal record, if somebody would like to comment on the police records and the FBI feel free to do so.

Hi,

Since you do not have a legal status in USA, I think only 4th option will work.

May be 3rd one too, but its almost impossible to get asylum (unless you are from countries like Iraq, Haithi, Afghanistan etc)

Forget about 1st option as the Canadian Embassy will take it as a proof that you won't leave Canada after your studies.

And also forget about option 2, they will check your Passport !

 

[scylla]

#1 will likely fail because you need to show strong ties to the country you are applying from and this will be impossible given you aren't legal in the US.

#2 will fail and you'll end up with a two year ban from Canada for misrepresentation. They don't take your word for it that you're on a student visa. You have to show proof. And you can't show proof.

#3 won't work because you should have applied for asylum within one year of entering the US. In addition, the fact that you have gone back and forth easily will make it extremely difficult for you to prove an asylum case. Note that applying for asylum in Canada would also fail due to the safe third country agreement.

#4 is your only realistic option. Don't lie about your years in the US or your status in your application.

Hopefully you're aware that as soon as you leave the US you will automatically have a 10 year ban from entering the country for overstaying. So if you do leave, don't plan on returning within 10 years. Also, entering the US once those 10 years have passed may be difficult due to your past history.

Is there any way you can adjust your status in the US before you leave?

 

[scylla]

Just to add... If you go with option #4 (which is the only realistic one), you'll have to physically move back to Indonesia and establish yourself there for a while before applying. You have to prove strong ties to your country when applying.

 

[intotellies]

Well I suspected as much for the first 3 plans, one of these days I am going to have to face the music.

The only way that I know of for me to adjust my status is to get married to a US citizen and I don't think that will sit well with my girlfriend. The other one would be the DREAM act which is on its last leg depending on who is in the oval office next year.

@scylla: when you say "for a while" how long are they expecting?

Thanks everyone for the advice.

 

[scylla]

I'm assuming your girlfriend is not a US citizen. Too bad. That would have been a great way to adjust your status (assuming the relationship was genuine). And I agree about the dream act. If you wait for that, I think you'll be waiting for a long time.

I don't think there's any period of time CIC expects you to live in Indonesia before applying. But when you apply, you have to be able to convince them that you will return back home after your studies have been completed. To prove this, you should try to show as much proof as possible that ties you to Indonesia (for example: business, job, bank accounts, property, other assets, family). If you come home from the US and then apply for a study visa within a month or two - I think it will be difficult for you to show strong ties.