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Out of status in USA and applying to Canada

Out of status in USA and applying to Canada

Old Apr 23rd 2005, 1:48 am
  #1  
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Exclamation Out of status in USA and applying to Canada

Hi everybody, my friend has been out of status in the USA for a year and has applied to Buffalo (catogery-> Skilled). Does anybody know if Buffalo will deny his application because of his illegal status in the USA? My friend is concerned that he does not know what to tell Buffalo if they ask his about his status in the USA. Thank you very much.
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Old Apr 23rd 2005, 2:08 am
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Default Re: Out of status in USA and applying to Canada

If he didn't include with application proof that he has been lawfully admitted to US for at least 12 months then his package will be returned without processing.

Originally Posted by uniqueguy3
Hi everybody, my friend has been out of status in the USA for a year and has applied to Buffalo (catogery-> Skilled). Does anybody know if Buffalo will deny his application because of his illegal status in the USA? My friend is concerned that he does not know what to tell Buffalo if they ask his about his status in the USA. Thank you very much.
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Old Apr 23rd 2005, 2:29 am
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Default Re: Out of status in USA and applying to Canada

Originally Posted by Andrew Miller
If he didn't include with application proof that he has been lawfully admitted to US for at least 12 months then his package will be returned without processing.
Mr. Miller, thanks for the reply. My friend has been in the USA for 3 years (was legally admitted) and just became out of status last year. Any reasons why Canada would be concerned about applicant's legal status in other countries as long as the applicant has no criminal history and meets enough point to qualify as a skilled worker?
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Old Apr 23rd 2005, 2:43 am
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Default Re: Out of status in USA and applying to Canada

Again - if he didn't include proof of being legally admitted for at least 12 months his application will be returned.

If he included such proof then application won't be returned for that reason, but may be returned for some other reason if is not meeting the minimum requirements for application (nothing to do with selection criteria).

If it goes into processing then fact of being out of status in US for a year will be a concern - officer will have to determine if person who obviously already broke immigration law in one country will suddenly become law obiding when moving to Canada. Big question and officers don't like those who break immigration laws anywhere. Also motives behind application for Canadian PR will be of concern - why he didn't apply before running out of status in US, is he applying just to use Canada as easy stepping stone to return to US at the first opportunity, etc.

BTW - it is really childish and getting annoying posting as "my friend has applied". Next time have guts and write in first person.

Originally Posted by uniqueguy3
Mr. Miller, thanks for the reply. My friend has been in the USA for 3 years (was legally admitted) and just became out of status last year. Any reasons why Canada would be concerned about applicant's legal status in other countries as long as the applicant has no criminal history and meets enough point to qualify as a skilled worker?
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Old Apr 23rd 2005, 3:25 am
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Default Re: Out of status in USA and applying to Canada

Originally Posted by uniqueguy3
Hi everybody, my friend has been out of status in the USA for a year and has applied to Buffalo (catogery-> Skilled). Does anybody know if Buffalo will deny his application because of his illegal status in the USA? My friend is concerned that he does not know what to tell Buffalo if they ask his about his status in the USA. Thank you very much.
Yes, I don't think you have to be concerned about what to tell Buffalo since they won't even waste time asking you about it. My brother is in the US legally and included a copy of his visa with his application, but did not think he had to include a copy of the I94. I think it took about 1-2 weeks for the whole unprocessed application to come back with request for proof of his legal status in the US. He sent it back and now it's just time to wait... And I am really talking about my brother, not myself
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Old Apr 23rd 2005, 1:34 pm
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Default Re: Out of status in USA and applying to Canada

Hi guys, thanks again for the replies. This is my friend’s situation. His marriage collapsed and lost his status. Did some research and felt Canada was one of the best place to settle down. Waited in the USA for a year to meet enough points. Mr. Miller, a lot of time people do not realize that applicants has to make difficult and unwanted decision because of their limited options. I don’t think Canadian Immigration would be interested in hearing every applicant’s life time stories and it would be really sad if they deny PR with making all the assumptions and trying to make the issue bigger than it has to be. Mr. Miller, I am just trying to be a good friend. Obviously, my friend is under a lot of stress and I am doing what I can to support him. Aren’t family members, friends and well wishers are allowed to post message in this forum on the behalf of the applicant?
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