Will I be eligible for a Canadian Study Permit after falling out of USA Status

[ladyluck]

I came to study in the USA in 2008 on an F-1 visa before falling out of status. After 1 year, I fell out of status due to various family problems (lacked tuition fees) and I couldnt keep up with my status. Fast forward, in 2013, I managed to go back to school and I finally got my Bsc this past August 2015 before finally taking a voluntary departure back to my home country.

I recently got a full tuition scholarship to do my masters in Canada. Will I be denied a Study Permit to Canada based on my past record in the USA as I understand both countries share information. Should I also just take the risk and be completely honest about my reason for overstaying, indicate that after finally getting my education, I faithfully returned back to my home country? Will attaching a letter to my study permit application automatically dismiss me or will the officer use their discretion. I will sincerely appreciate any advice.

Thank you

 

[scylla]

The chances are extremely low given the length of time you were in the US without status and how recent these events where. A condition of being approved is demonstrating you have strong ties to your home country and have no plans on remaining in Canada long term. This will be difficult for you to prove given how long you've been outside of your home country and the fact you violated the conditions of your US visa.

Having said that, by all means give it a try. You MUST be 100% honest about your US immigration history in your Canadian study permit application. Canada and the US share information and it will be extremely easy for CIC to find out even if you don't include these details in your application. Additionally, failure to include this information is misrepresentation which would result in your applicaiton being refused and most likely a five year ban from Canada. Include as much proof as you can that you have strong ties to your home country to overcome your US immigration history.

It would be ideal if you waiting a few years before trying to come to Canada to reestablish roots in your home country and create some distance between your US overstay and Canadian application. But I assume you aren't willing to wait.

Good luck.

 

[ladyluck]

Thanks Scylla for your reply. I am quite optimistic because i know a similar case who took a voluntary departure from the USA and was allowed a Canadian Visa. With all that being said, I hope my exemplary academic records of (3.8) GPA in a STEM degree and full scholarship for a masters will convince the consular officer.

My gut tells me that this decision might be based on the handling officers discretion since USA and Canada are two different countries, even though they share databases and can track overstays. I never incurred any criminal background while in the USA neither is a deportation on my record.

 

[scylla]

The most important thing for you to demonstrate will be ties to your home country. Can you secure a guaranteed job offer from an employer in your country that offers you a permanent role once your education in Canada has been completed? Is there anything else like that you can show?

Yes - it's at the discretion of the visa officer who reviews your file. Having said that, do not lie about or omit your US immigation history. If you do that, you're guaranteeing yourself a refusal.

Note that overstays are treated differently for immigration visas versus temproary visas (like study permits). They are forgiven for immigration visas.

 

[scylla]

Just as an aside - make sure you respect the 10 year US ban you are now under.

This ban will still apply even if you manage to get a Canadian study permit (even if you get Canadian PR or citizenship). The US takes the overstays and bans extremely seriously. It's very important you wait until at least September 2025 before attempting a US entry.

Good luck again.