Work visa refused/ enter in USA?

[meryjane 83]

Hi!
Me and my husband applied 6 months ago to a close work permit under LMIA and open work permit for me but LMIA is not gonna be ready and soon they are going to refused it. We decided we are going to leave Canada but we would like to go to USA and travel and fly back home from there so the question is, do we have to do the restoration status if they give us the option even if we are going to leave the country? Would we have problems in USA border coming from Canada being without status and having an ETA?

 

[canuck_in_uk]

Hi!
Me and my husband applied 6 months ago to a close work permit under LMIA and open work permit for me but LMIA is not gonna be ready and soon they are going to refused it. We decided we are going to leave Canada but we would like to go to USA and travel and fly back home from there so the question is, do we have to do the restoration status if they give us the option even if we are going to leave the country? Would we have problems in USA border coming from Canada being without status and having an ETA?

There is no point in applying for Restoration if you are leaving soon after refusal.

Yes, being out of status in Canada could definitely cause problems trying to enter the US. The US could refuse entry. You would then be returned to Canada and CBSA may decide to hold you instead of allowing you back in.

 

[meryjane 83]

There is no point in applying for Restoration if you are leaving soon after refusal.

Can I get refused even if I have my flights back home? So should I leave Canadá and go back home directly? So if I want to travel should I apply to restoration as a visitor? Would I have chances to be also refused my visitor visa even having flights to leave the country?

 

[canuck_in_uk]

Can I get refused even if I have my flights back home? So should I leave Canadá and go back home directly? So if I want to travel should I apply to restoration as a visitor? Would I have chances to be also refused my visitor visa even having flights to leave the country?

Yes, they could still refuse you. You would be coming from a country where you had no status. It is up to you whether to go or not.

There is no point in applying for Restoration when you are leaving. Restoration apps can take months to process.

 

[meryjane 83]

And what should we do if we want to travel a bit before we go? Could we then apply for restoration as a visitor? But as you say they take too long to answer and maybe I want to leave earlier. Would I be without status until they answer for restoration? Sorry for so many question but I don’t really know what to do

 

[canuck_in_uk]

And what should we do if we want to travel a bit before we go? Could we then apply for restoration as a visitor? But as you say they take too long to answer and maybe I want to leave earlier. Would I be without status until they answer for restoration? Sorry for so many question but I don’t really know what to do

You would be without status until a Restoration app is actually approved. If you leave before that, you'll have been out if status the whole time.

 

[21Goose]

What's your country of citizenship? Edit - I see you have an ETA.

If you are from a low-risk country (Western Europe, the Nordics), there's less of a risk, but I still think you should go back home first.