Ilegal in USA wanting to emmigrate to Canada

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Subject: Ilegal in USA wanting to emmigrate to Canada
  Hi, I am a Colombian citizen living in USA. I came to USA with a tourist visa in 1999 and I over stayed.

I want to emmigrate to Canada and I would like to know how I could go there.

Should I apply for Refuge? Could I get in trouble doing this?

Please, I need an answer, soon. Thaks a lot. -Beto-

[02-10-2004,09:57]
Beto
Ilegal (in reply to: Ilegal in USA wanting to emmigrate to Canada)
I would think you need to go back to Columbia and apply from there.
[02-10-2004,14:16]
sharon
(in reply to: Ilegal in USA wanting to emmigrate to Canada)
well not exactly sharon. beto, u may apply at the Canadian Consulate in Buffalo, New York if u have been legally admitted to the U.S. for at least one year. if not, u will have to submit your application in colombia and hope that u get an interview waiver. also, u can have your medicals done in the u.s. when the time comes.

u should be able to get your FBI clearance without any problem so long as u don´t have any criminal record.

sharon, we have to be extremely careful on the advice that we give to other people in this site. buenas suerte, beto.

[03-10-2004,19:15]
Anonymous
(in reply to: Ilegal in USA wanting to emmigrate to Canada)
beto,

to answer your question about the proper category to apply, i would think that the skilled worker category should be best for u depending on your education and work experience. a lot of canadian immigration lawyer websites offer a free assessment of your chances. attorney cohen is one of them. que te vaya bien.

[03-10-2004,19:18]
Anonymous
(in reply to: Ilegal in USA wanting to emmigrate to Canada)
How could an illegal alien get an FBI clearance without any problem? As far as I´ve known, US has a very strict policy on overstaying tourists. Once Beto´s whereabouts can be tracked down, immigration agents will recommend for his deportation and this could tarnish further his records. If I were Beto, I would leave US and apply for PR in Columbia. This highly recommended if he doesn´t want his overstaying problem in US to cause future immigration problems.
[04-10-2004,00:42]
bruce
(in reply to: Ilegal in USA wanting to emmigrate to Canada)
Anonymous,

The guy has overstayed in the US and I expect him now to be playing with hide-and-seek with immigration agents. How could you give advice to someone as if he´s living normally and legally in the US? As what others said, I agree with them that Beto should leave US and apply for PR in his country of origin.

[04-10-2004,00:52]
maple
(in reply to: Ilegal in USA wanting to emmigrate to Canada)
bruce and maple,

why would u tell beto to leave the U.S. when he does not need to do so in order to apply for a Canadian immigrant visa? please check the CIC website which states that one can apply for a Canadian immigrant visa at either one´s country of origin OR the country where the applicant has been legally admitted for at least one year.

the fbi clearance keeps track of people who have criminal offenses. overstaying a U.S. visa is not a criminal offense. this of course could change in the future. so, based on the facts that beto provided, he should be able to get the fbi clearance without any trouble. by the way, i have 7 years experience in the practice of U.S. immigration law.

we need to keep our personal opinions from obscuring the facts and proper procedures of this case. but beto, if u continue to have doubts, please consult a Canadian immigration attorney.


[04-10-2004,02:20]
Anonymous
(in reply to: Ilegal in USA wanting to emmigrate to Canada)
let me qualify my last posting by emphasizing that beto should be able to apply for Canadian permanent residence in the U.S. if he has been legally admitted to the U.S. for at least one year. if not, then he has to apply in Colombia.
[04-10-2004,02:24]
Anonymous
my take (in reply to: Ilegal in USA wanting to emmigrate to Canada)
I way I read the regulations is: you can apply from a country where 1)you live legally and 2)you have lived there more than a year.

So in this case, the individual in question would not be able to apply from the US.

[04-10-2004,09:21]
grendel
legal advice (in reply to: Ilegal in USA wanting to emmigrate to Canada)
the advice on this forum is free and therefore should be judged accordingly - even from former immigration lawyers. I used the word ´think´ in my repy and that should give the reader an indication that I am only offering an opinion - not legal counsel. It would only seem logical to me that Beto must apply from a country where he is ´legal´. My question might be if Beto has no interest in respecting US immigration rules... why should Canada even want him!
[04-10-2004,12:07]
sharon
(in reply to: Ilegal in USA wanting to emmigrate to Canada)
Hi all,

Please hit this link -

http://www.cic.gc.ca/manuals-guides/english/op/op01e.pdf

Review point 5.16 carefully.

Regulation R11(1) clearly says that if an applicant is lawfully admitted to any country for one year then applicant is eligible to file from that visa office.

Now, as far as that country where the status of applicant is concerned; has its own rules and regulations to deal with such situations. Canada/CIC has nothing to do with overstay to that country. But, at the same time, the country from where applicant has applied; initiates any action for such conviction then applicant WILL BE FULLY RESPONSIBLE for the situation and the outcome. CIC would never interfere with the internal affairs.

Making long story short, if someone is entered lawfully to a country for ATLEAST ONE YEAR and if applicant is LIVNG IN THAT COUNTRY at the time of filing then CIC has no problem with the eligibility.

Hope this helps.


[04-10-2004,15:59]
sanrup