Expired visa, please advice

Old Oct 21st 2002, 2:11 pm
  #1  
Fanta333
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Default Expired visa, please advice

A friend of mine has an expired US visa, she seems to have all the
qualifications and the points under the skilled category. Can she apply under
the Independent skilled category from here in the US? She seems to be hearing
conflicting information if she can apply for it or not. Any information will be
of help.

Thank you.
Dave
 
Old Oct 21st 2002, 2:21 pm
  #2  
Andrew Miller
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Default Re: Expired visa, please advice

She has "an expired US visa" or is staying illegally out of status in US? Don't
be so "politically correct" state the fact as it is.

She will be asked for the proof of legal status anyway and here is what
Regulations say:

-----------------------------------------------------------------
11. (1) An application for a permanent resident visa - other than an
application for a permanent resident visa made under Part 8 (refugees) - must
be made to the immigration office that serves:

(a) the country where the applicant is residing, if the applicant has been
lawfully admitted to that country for a period of at least one year; or

(b) the applicant's country of nationality or, if the applicant is stateless,
their country of habitual residence other than a country in which they are
residing without having been lawfully admitted.
-----------------------------------------------------------------

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)

For confidential phone consultation go here:

http://members.yahoo.-
liveadvice.com/andrewmiller_canada

________________________________



"Fanta333" wrote in message
news:20021021221102.14572.00-
[email protected]
...
    > A friend of mine has an expired US visa, she seems to have all the
    > qualifications and the points under the skilled category. Can she apply under
    > the Independent skilled category from here in the US? She seems to be hearing
    > conflicting information if she can apply for it or not. Any information will
be
    > of help.
    > Thank you.
    > Dave
 
Old Oct 21st 2002, 2:23 pm
  #3  
Stuart Brook
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Posts: n/a
Default Re: Expired visa, please advice

Fanta333 wrote:
    > A friend of mine has an expired US visa, she seems to have all the
    > qualifications and the points under the skilled category. Can she apply under
    > the Independent skilled category from here in the US? She seems to be hearing
    > conflicting information if she can apply for it or not. Any information will be
    > of help.
    > Thank you.
    > Dave

No, she can only apply from the US if she has valid status in the US. I
presume you mean that she has an expired I-94 and therefore an
overstay. This is not the same thing as an expired visa. The visa is
only permission to seek entry into a country, not to remain there. The
status is what counts.
 
Old Oct 22nd 2002, 12:27 am
  #4  
pkjmet
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Posts: n/a
Default Re: Expired visa, please advice

Stuart Brook wrote in message news:...
    > Fanta333 wrote:
    > >
    > > A friend of mine has an expired US visa, she seems to have all the
    > > qualifications and the points under the skilled category. Can she apply under
    > > the Independent skilled category from here in the US? She seems to be hearing
    > > conflicting information if she can apply for it or not. Any information will be
    > > of help.
    > >
    > > Thank you.
    > > Dave
    > No, she can only apply from the US if she has valid status in the US. I
    > presume you mean that she has an expired I-94 and therefore an
    > overstay. This is not the same thing as an expired visa. The visa is
    > only permission to seek entry into a country, not to remain there. The
    > status is what counts.

Both AM and SB are guilty on not reading the CIC website. Residency
requirments are not in force at the present time. They will be be in
the new year.


Jim Metcalfe
 
Old Oct 22nd 2002, 3:33 am
  #5  
Andrew Miller
Guest
 
Posts: n/a
Default Re: Expired visa, please advice

James, can you please provide the link to your claim, other than one to the
response to Standing Committee recommendations back in March? Since March final
Regulations and Manual were published and they don't provide any waiver for R11
at all. There is no Operation Memoranda to that respect either as far as I'm
aware. Regulations are fully implemented as of June 28 and it is rather
dangerous to do anything based on CIC response to the Standing Committee - such
response is not the law. Final Regulations and Manual were published 3 months
later, so they are the rules in place.

And CIC website does say here http://members.yahoo.-
liveadvice.com/andrewmiller_canada

________________________________


wrote in message
news:9057fa3.0210220427.-
[email protected]
...
    > Stuart Brook wrote in
message news:...
    > > Fanta333 wrote:
    > > >
    > > > A friend of mine has an expired US visa, she seems to have all the
    > > > qualifications and the points under the skilled category. Can she apply
under
    > > > the Independent skilled category from here in the US? She seems to be
hearing
    > > > conflicting information if she can apply for it or not. Any information
will be
    > > > of help.
    > > >
    > > > Thank you.
    > > > Dave
    > >
    > > No, she can only apply from the US if she has valid status in the US. I
    > > presume you mean that she has an expired I-94 and therefore an
    > > overstay. This is not the same thing as an expired visa. The visa is
    > > only permission to seek entry into a country, not to remain there. The
    > > status is what counts.
    > Both AM and SB are guilty on not reading the CIC website. Residency
    > requirments are not in force at the present time. They will be be in
    > the new year.
    > Jim Metcalfe
 

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