cempjwi
Hero Member
- Mar 14, 2012
- 450
- 30
- Category........
- FAM
- Visa Office......
- CPP-Ottawa
- App. Filed.......
- 31-Jul-12
- Doc's Request.
- 09-Feb-13; Sent 13-Mar-13
- AOR Received.
- 15-Oct-12; In-process 26-Mar-13
- File Transfer...
- 15-Oct-12
- Med's Request
- 02-Apr-13 Chest Xray Only
- Med's Done....
- 14-May-12; 04-Apr-13 (Delivered 15-Apr-13)
- Interview........
- Waived
- Passport Req..
- 19-Apr-2013
- VISA ISSUED...
- 19-Apr-2013 (Rcvd May 15th, 2013)
- LANDED..........
- 1-July-2013
chach said:Hey guys. My husband is out of status in the USA and is a Philippines citizen. He qualifies for R-11 and we selected Los Angeles as the processing Visa Office. I just received sponsorship approval via CPP-O, but they forwarded my application to MANILA. Any idea why they forwarded it to Manila and not to the Los Angeles Visa Office?
Being out of status is not necessarily the reason why his application was sent to Manila. Being in the US (or any other country) does not guarantee processing in the VO for that country unless the applicant can prove that he/she entered that country legally and with permission to remain in that country for at least ONE full year (please note that this does not mean having been in the foreign country for one year already by the time you apply; it means that at the time of entry the permission that the application was given to remain in that country was equivalent to one year or longer). This is not fulfilled by people entering as a tourist because, at best, they are given 6 months (in the case of the US). The ONE full year may be, for example, fulfilled by having had a work visa that was valid for one year or more at the time of first use (that is, the first time that person used the visa to enter the country). In some cases, CIC will use the length of time remaining on the visa at the time of last entry to determine the ONE full year requirement. I tend to believe that under certain circumstances, even when the ONE full year may seem fulfilled, suspicions on the part of CIC regarding the applicants intent to circumvent their country's VO timelines by overstaying in another country to obtain the benefit of a faster VO may cause the application to be sent to the VO that handles the applicant's citizenship (how long has it been between losing his status and filing his application? I am just curious). In any case, if a person enters as a tourist or under any other type of visa that does not allow a permission to remain for at least ONE year then it does not matter if the person is in status or out of status by the time he/she applies - the application would be sent to the country of his citizenship.