Roy please respond to

Canada Immigration Forum (discussion group)


 
       
Subject: Roy please respond to
Topic "Leaving US after submitting application". I am very confused. Thanks.
[09-10-2007,12:01]
[***.9.250.99]
Need_Help
(in reply to: Roy please respond to)
Thank you for saying Please;
11. (1) An application for a permanent resident visa ? other than an application for a permanent resident visa made under Part 8 ? 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.

Place of application for temporary resident visa, work permit or study permit
(2) An application for a temporary resident visa ? or an application for a work permit or study permit that under these Regulations must be made outside of Canada ? must be made to an immigration office that serves as an immigration office for processing the type of application made and that serves, for the purpose of the application,
(a) the country in which the applicant is present and has been lawfully admitted; 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.


If your not residing in the states you are not complying with regulation 11. If you were admitted legally for one year on a student or work permit and still reside in the States even though you now have no status you´re fine.

According to your post you will not be residing anymore. This creates a major problem!!!!

I thought I spelled that out clearly before but without clear details I could be posting replies to this post for weeks.

Which country are you from, going to etc.

Roy
www.cvimmigration.com

[09-10-2007,13:18]
[**.158.59.87]
Roy
(in reply to: Roy please respond to)
Thanks for responding. I´m african and I´m on h1b status, therefore resident of US at time of application and still resident for at least two months more. Sorry, I´m slow but I fail to see a violation with what you posted. I have w2 tax forms for 5 years, 2 years grad school and 3 years h1b.maybe I´m kidding myself but I think I still reside in the US until I leave.which not the case. Also does it matter what country I´m from as long as I´m in legal status in the US ?
[09-10-2007,14:17]
[***.9.250.64]
Need_Help
(in reply to: Roy please respond to)

FYI I just got a legal opinion on the above regulation and everything is just fine. Thank yall for the help.

[09-10-2007,16:11]
[***.9.250.64]
Need_Help
(in reply to: Roy please respond to)
WHAT PART OF 11 (A) DO YOU NOT UNDERSTAND?

(a) the country where the applicant is residing

if your not residing you can not apply in the States which you have already done. Since apparently you were admitted into the States legally for one year and you ARE RESIDING residing in the States 11 (a) applies.

Since you are intending to not RESIDE in the States and leave the States for another country you are to comply with Regulation 11 (1) (b)

Roy
www.cvimmigration.com

[09-10-2007,16:18]
[**.158.59.87]
Roy
(in reply to: Roy please respond to)
A legal opinion from who and how much did it cost? Would love to know.

Roy
www.cvimmigration.com

[10-10-2007,10:07]
[**.55.216.201]
Roy
(in reply to: Roy please respond to)
From my company atty. As an H1B holder I´m still resident of the US resident even with the relocation. Also I did not apply knowing that I DO NOT INTEND TO RESIDE IN the states as you implied. Its just a possibility my company brought up after my application. And its only a possibility. Are you saying no one should plan to come canada because changes may happen in their lives ?
[10-10-2007,16:29]
[***.9.250.109]
Need_Help
Where to Apply (in reply to: Roy please respond to)
As you can see above in R(11), as long as you were residing in the U.S. "at the time of application" you can submit in the U.S. Intention is irrelevant. The real problem will be if you then leave the U.S. and are called for an interview. If you can´t get a Visitor Visa to the U.S. they will not move your file and you could be denied because you were not available to attend the interview. You probably know that you can overstay in the U.S. for six months before you would become inadmissible, as long as you don´t continue working?
[10-10-2007,17:26]
[**.159.212.185]
Phil
(in reply to: Roy please respond to)
Phil,
That was my understanding and confirmed by the readers in the previous post and also the lawyer I talked to. The law can´t possibility require all applicants to reside continually in the country where they submitted their application until the process is done. It´s simply an unnecessary burden. Some countries take 5 years to get everything done. It´s reasonable, though, to require that the applicant attends an interview, due to security issues these days. That part I perfectly understand.
Regarding the interview, is the date flexible or it has to be done the day they specified ? How much notice do they give ? I will have no issue coming back if required to and given 2 weeks notice.

I travel at least once a year outside and getting a US visa will not be a problem at all.

[10-10-2007,22:55]
[**.138.130.241]
Need_Help
(in reply to: Roy please respond to)
Dear Phil and Need Help

I was asked to respond and then Need-Help informed he had a Legal Opinion and did not inform who was his Lawyer who advised him incorrectly.

ANYONE CAN LIE BUT IF YOU GET CAUGHT AND THEY THINK YOUR LIE WAS DELIBERATE YOU WILL GET AN EXCLUSION ORDER. IF NOT THEY WILL JUST TRANSFER YOUR FILE TO AFRICA.

Nice try Phil but NEED-Help NEEDS HELP!!!! need help needs to be residing in the states. HE APPLIED IN THE STATES DUE TO EXCESSIVE PROCESSING TIMES OF FSW IN AFRICA.

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

5.20. Procedure?R11(1) - Permanent resident applications
New applications
When R11 was introduced on May 1, 2003, a decision was taken that for R11(1) cases and for
program integrity reasons, permanent resident applications from persons ineligible under R11(1)
should not be accepted by the receiving visa office. Per R12, if the receiving visa office is not
legally responsible for processing an application under R11(1), the entire application should be
returned to the applicant (including application forms, processing fees and supporting documents).
No case processing should occur; the applicant should be told why the application is being
returned and advised of the name of the visa office through which they may apply.
Applications in process
In rare instances, an applicant?s ineligibility under R11(1) may not be discovered until after the
processing of the application by the visa office has begun. In these cases, once the ineligibility
comes to light, the visa office should note the R11(1) ineligibility in CAIPS notes, inform the
applicant they are ineligible for processing at that office and advise the applicant that their
application is being transferred to the responsible visa office. If the application is a family class
(FC) case, the officer should inform CPC-Mississauga (CPC-M) of the ineligibility for processing at
the office where the application was initially received. CPC-M should be advised of the visa office
to which the file is being transferred. The officer should then transfer the application to the
responsible visa office.

Roy
www.cvimmigration.com

[11-10-2007,13:22]
[**.158.59.87]
Roy
(in reply to: Roy please respond to)
EVEN IF YOUR INTERVIEW IS WAIVED WHEN BUFFALO RPC REQUESTS YOUR PASSPORT THEY WILL SEE THE THIRD COUNTRIES WORK PERMIT IN YOUR PASSPORT.

FEW AFRICANS CAN WORK IN A DIFFERENT COUNTRY WITHOUT SOME TIME OF PERMIT OR VISA BEING PLACED IN THEIR PASSPORT OR ENTRY STAMP BEING PLACED IN THE PASSPORT.

Roy
www.cvimmigration.com

[11-10-2007,13:48]
[**.158.59.87]
Roy