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| Subject: Can I apply at Buffalo if no legal status in USA? |
I am a US citizen and will be the principal applicant of a skilled worker class application. My common-law partner, however, does not have legal status in the USA. Can I still include him in my application when I send it to Buffalo?
[30-10-2004,01:19]
Menino |
No (in reply to: Can I apply at Buffalo if no legal status in USA?)
Part of the application is that you have to show that you are legal to stay in the US. You have to show them proof of that. Fix your status and apply. This is the only way.
[30-10-2004,03:39]
Tony |
(in reply to: Can I apply at Buffalo if no legal status in USA?)
if your partner was admitted legally into the u.s. for a period of at least one year, he/she should be able to apply with you at the canadian consulate in buffalo, new york. this is according to rule r11(1) of the immigration and refugee protection act. i know a ton of people in this website will object to this advice, but if u really want to be sure check with a canadian immigration attorney. best of luck!
[30-10-2004,05:21]
pierre_francois_berrou |
(in reply to: Can I apply at Buffalo if no legal status in USA?)
Thanks for answering. My partner was NOT admitted legally into the US. He applied for a visa and was denied (so even though one tries to do everything the correct way it doesn´t always work out). The US Immigration laws do not allow for me to sponsor my partner even though we have been together for two years which I think is very unfair, but someone can marry a foreign person (of the opposite sex) whom he or she meets the same night in Las Vegas, get married, and apply for a green card. Anyway, I´m not here to bicker about US Immigration Policy. I read on one Canadian website the following information...
"Where To Send The Application
? The partner who is the principle applicant must be living legally in the country where the application is made and have a visa that is valid for one year. For example, a common-law couple is living in the USA. One partner is a US citizen. The other is from Hong Kong and is living illegally in the US. If the American is the qualified principle applicant, the application can be made in the US. If the Hong Kong partner is the qualified principle applicant, the application must be made in Hong Kong."
According to this information, since I am the principal applicant and I am a US citizen residing in the US I can apply in the US and include my partner in the application. I have been unable to verify this with the Canadian Consulate. I faxed them this question and still await a response. They do not accept phone calls. I was in Buffalo a few weeks ago and do not answer questions in person. I crossed the border just to call CIC to ask this question but they weren´t answering the phone. I don´t want to do all of the paperwork and spend all of the money, and more importantly, get our hopes up if we are going to be rejected because my partner does not have legal status in the US. Any advice is appreciated.
[30-10-2004,11:15]
Menino |
(in reply to: Can I apply at Buffalo if no legal status in USA?)
dude, if you are american then your wife becomes american...that simple. even if she was illegal
[31-10-2004,04:09]
Anonymous |
(in reply to: Can I apply at Buffalo if no legal status in USA?)
The problem is His partner is not opposite sex.
[31-10-2004,07:29]
eric |
legal/illegal etc (in reply to: Can I apply at Buffalo if no legal status in USA?)
We seem to have this question a lot about legal and illegal status. I took it upon myself last night to search everywhere I could think of on the net. I want to know the answer too. I think this subject is too important to rely on all us immigration hackers for answers. Given your situation, investing in an immigration lawyer for some genuine answers might be advisable. Then we want to know the answer - please. Good luck
[31-10-2004,13:29]
sharon |
(in reply to: Can I apply at Buffalo if no legal status in USA?)
The answer is : NO
[31-10-2004,15:01]
Anonymous |
help (in reply to: Can I apply at Buffalo if no legal status in USA?)
no to which question or comment?
we know for sure that as a principle applicant you must have arrived legally in the country where you apply. There is no comment about what happens with an expired visa (overstay) that I have encountered as yet. One spot suggests you must be legal when you first apply, but that comment came from another forum. So, I am still looking. Procedural and Regulation manual is not helping me.
If you are not legal in a country, and you are the principle applicant, you must apply from the last place you were legal. This all refers to the status of the primary applicants which is not your situation.
I am still searching for a place where it talks about spouse/conjugal partner (secondary applications). I think it suggest that you both must be available to attend an interview... if you are illegal - I am not sure how that would affect the situation.
I will continue to look (because I would like an answer for my own satisfaction), but I would still suggest a legal opinion is your best bet. Then you will have a clear understanding of your personal situation and what you must do.
[31-10-2004,16:49]
sharon |
(in reply to: Can I apply at Buffalo if no legal status in USA?)
Sharon:
A suggestion. Please don´t do a feel yourself should happen scenario. If you have document to back-up what you say; do that, else say I´m not sure on that but it might be the case (provided you confirm with a legal help).
Each person will have to submit a PPC (Police Clearing Certificate). The illegal has no status in the country - that is the person has not adhered to the laws of the land a criminal offence (unless can be proven a refugee).
In this case while as you say - the main applicant who is legal citizen is OK to immigrate the illegal person is not!!.
Unless the person goes back to his/her country and comes on sponsorship and there again commit a crime (lies about their illegal stay in other country).
Either case you will have to produce certificate of good conduct. In the former case it is clear the person was motivated by economic immigration (a definate red when it comes to immigration law). It has to be proven beyond the provisions of doubt that the persons stay was out of affection to the partner and not economic motivation.
So Sharon, whereas I see you all over - I see you rarely making a justified (quoted by credible source) comments. It may harm someone who follows it completely based on what you suggest.
[31-10-2004,19:41]
Anonymous |
question for anonymous (in reply to: Can I apply at Buffalo if no legal status in USA?)
I refer specifically to CIC procedural manual #1 and OP#6 as basis for any of my comments on this subject. I have stated specifically that I cannot get a clear answer that satisfies me. I am very well aware of what is at risk and what this particular couple is facing. May I ask the same courtesy of you by requesting that you back up your comments with references from CIC materials. Unless you are an immigration officer, your comments have no more validity than mine. You might not like my comments, but at least I have the courage to use my name.
[31-10-2004,20:18]
sharon |
(in reply to: Can I apply at Buffalo if no legal status in USA?)
This site may be helpful. If its about same sex relationships. This is pretty extensive website and may have answers to all of you questions.
http://www.legit.ca/
Thanks Sharon for your valuable comments and time. People should be smart enough to make up their own minds after reading different views. Thats whats the forum is all about.
[31-10-2004,22:51]
Friend |
