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

USA Illegal immigrants migrating to Canada

Alex54321

Hero Member
Jul 28, 2017
463
105
USA
Category........
FAM
App. Filed.......
20-10-2017
AOR Received.
01-12-2017
Note that you can only select the US visa office to process your application if you were legally admitted into the US for a minimum of one full year. If you were not admitted into the US for a minimum of one full year, then you will have to use your home country's visa office as your processing office - and if an interview is required it will be held there.
Is it "old" process as far as "you can only select the US visa office"? I do not see anywhere in Spouse sponsoring application process selection of Visa Office by applicant?
Can/how I contact you directly with a few questions?
 

canuck_in_uk

VIP Member
May 4, 2012
31,590
7,142
Visa Office......
London
App. Filed.......
06/12
Is it "old" process as far as "you can only select the US visa office"? I do not see anywhere in Spouse sponsoring application process selection of Visa Office by applicant?
Can/how I contact you directly with a few questions?
You can't choose your VO anymore.
 

scylla

VIP Member
Jun 8, 2010
76,740
13,335
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
You can't choose your VO anymore.
Yes - I should have worded my response differently. Agree that CIC will chose for you - they will select your home country if you are out of status in the US.
 

scylla

VIP Member
Jun 8, 2010
76,740
13,335
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
Can/how I contact you directly with a few questions?
I'm not an immigration consultant/lawyer and don't offer private advice - but happy to answer questions on the forum.
 

Alex54321

Hero Member
Jul 28, 2017
463
105
USA
Category........
FAM
App. Filed.......
20-10-2017
AOR Received.
01-12-2017
Yes - I should have worded my response differently. Agree that CIC will chose for you - they will select your home country if you are out of status in the US.
Great, I understand that, but how to minimize separation time in case of interview? The spouse is here in US for 17 years, there are no any relatives overseas and that would be a big ( not extreme by US immigration definition) hardship for the family...
Will they return my application with only US address listed?
 

scylla

VIP Member
Jun 8, 2010
76,740
13,335
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
Great, I understand that, but how to minimize separation time in case of interview? The spouse is here in US for 17 years, there are no any relatives overseas and that would be a big ( not extreme by US immigration definition) hardship for the family...
Will they return my application with only US address listed?
There's really no way to minimize separation. Hardships aren't considered in processing times. If the person sponsoring is a Canadian citizen, then can certainly sponsor while outside of Canada and can go live with the applicant back in their home country while they wait for the processing of the application to be completed.

I don't understand what you are asking when you say: "Will they return my application with only US address listed?"
 

Alex54321

Hero Member
Jul 28, 2017
463
105
USA
Category........
FAM
App. Filed.......
20-10-2017
AOR Received.
01-12-2017
There's really no way to minimize separation. Hardships aren't considered in processing times. If the person sponsoring is a Canadian citizen, then can certainly sponsor while outside of Canada and can go live with the applicant back in their home country while they wait for the processing of the application to be completed.

I don't understand what you are asking when you say: "Will they return my application with only US address listed?"
I am dual US/Canadian Citizen (Sponsor), our son is dual US/Canadian Citizen, my spouse (PA) lives in US for 17 years without status and I just want to confirm that I am entering data correctly.

I am talking about "Generic Application Form For Canada" PERSONAL DETAILS section.

I put Principal Applicant's DOB, Place of Birth, Country, Citizenship - that is all clear, but the fun starts with Q10 (Current country of residence).
My approach is:
Country - USA
Status - Other
Other - Entered Without Inspection
From 2000-06 To Present

Also in CONTACT INFORMATION section I am typing our current US mailing address (Q1 ) and check Yes for Residential address (Q2 - same as mailing address).

So, my concern is that I put everywhere our US address, but Status is "Other (Entered Without Inspection)" and the only link to PA's home country is Place of Birth, Country, Citizenship.

Will they start processing application based on this situation or will ask for overseas Residential Address which we do not have?
 
Last edited:

canuck_in_uk

VIP Member
May 4, 2012
31,590
7,142
Visa Office......
London
App. Filed.......
06/12
I am dual US/Canadian Citizen (Sponsor), our son is dual US/Canadian Citizen, my spouse (PA) lives in US for 17 years without status and I just want to confirm that I am entering data correctly.

I am talking about "Generic Application Form For Canada" PERSONAL DETAILS section.

I put Principal Applicant's DOB, Place of Birth, Country, Citizenship - that is all clear, but the fun starts with Q10 (Current country of residence).
My approach is:
Country - USA
Status - Other
Other - Entered Without Inspection
From 2000-06 To Present

Also in CONTACT INFORMATION section I am typing our current US mailing address (Q1 ) and check Yes for Residential address (Q2 - same as mailing address).

So, my concern is that I put everywhere our US address, but Status is "Other (Entered Without Inspection)" and the only link to PA's home country is Place of Birth, Country, Citizenship.

Will they start processing application based on this situation or will ask for overseas Residential Address which we do not have?
They will not ask for a residential address overseas.
 

Alex54321

Hero Member
Jul 28, 2017
463
105
USA
Category........
FAM
App. Filed.......
20-10-2017
AOR Received.
01-12-2017
They will not ask for a residential address overseas.
That's good to know, but what do you think about my other entries for "Current country of residence" as far as Status ( "Other" ) and explanation what this "Other" means? Should I attach extra sheet with more details about status ( actually out of status) in US or they do not care as long there are no violations from Canada point of view?
 

canuck_in_uk

VIP Member
May 4, 2012
31,590
7,142
Visa Office......
London
App. Filed.......
06/12
That's good to know, but what do you think about my other entries for "Current country of residence" as far as Status ( "Other" ) and explanation what this "Other" means? Should I attach extra sheet with more details about status ( actually out of status) in US or they do not care as long there are no violations from Canada point of view?
You need to state that you have no status in the US.
 

techmindz

Full Member
Apr 2, 2014
46
3
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2015
Very insightful thread. Thank you all for willing to share. Here is my situation – I have a sibling in the US who entered with an F-1 visa, completed school, worked, and got out of status in 2016. The plan is to apply for either a study permit or express entry. I don’t know the possibility based on my brother being out of status and also getting a police clearance for Express entry as well as the risks associated with it. Very confusing but we believe there is a way out. Please kind people, what would you advise?
 

techmindz

Full Member
Apr 2, 2014
46
3
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2015
I am dual US/Canadian Citizen (Sponsor), our son is dual US/Canadian Citizen, my spouse (PA) lives in US for 17 years without status and I just want to confirm that I am entering data correctly.

I am talking about "Generic Application Form For Canada" PERSONAL DETAILS section.

I put Principal Applicant's DOB, Place of Birth, Country, Citizenship - that is all clear, but the fun starts with Q10 (Current country of residence).
My approach is:
Country - USA
Status - Other
Other - Entered Without Inspection
From 2000-06 To Present

Also in CONTACT INFORMATION section I am typing our current US mailing address (Q1 ) and check Yes for Residential address (Q2 - same as mailing address).

So, my concern is that I put everywhere our US address, but Status is "Other (Entered Without Inspection)" and the only link to PA's home country is Place of Birth, Country, Citizenship.

Will they start processing application based on this situation or will ask for overseas Residential Address which we do not have?
Good job! Did you spouse get the FBI police clearance yet?
 

Buletruck

VIP Member
May 18, 2015
6,249
2,278
Study permit is probably a non starter. Given his status in the US, I’d say his chances of any sort of visa is nil. Not sure about EE, but he would need to be forthright about his status. He may have to return home to submit it. Some of the more knowledgeable members will have a better idea.
 

techmindz

Full Member
Apr 2, 2014
46
3
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2015
Thanks @Buletruck. We were thinking EE too but the police clearance is the issue.
 

Miraclejj

Hero Member
Mar 10, 2017
981
370
That's good to know, but what do you think about my other entries for "Current country of residence" as far as Status ( "Other" ) and explanation what this "Other" means? Should I attach extra sheet with more details about status ( actually out of status) in US or they do not care as long there are no violations from Canada point of view?
Unfortunately, upon your wife's situation, most likely the CIC will transfer your wife's application to her country origin to have a further assessment. You best chance is if you can prepare a strong case that CIC will waive the interview upon their discretion, otherwise, your wife will have to leave US to attend the interview, that means she will be barred for 10 years from US.
The only discretion from CIC that allows the case to be processed with US applicants is that the out of status person had lived in US legally over 12 consecutive months, before the status ran out. Again, even that is not a guarantee that case will be processed with other US applicants.