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| Subject: Illegal Immigration Question |
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Hi everyone.
My spouse and I have applied to go to Canada. My spouse is sponsoring me under the Family Class Spouse option and I´m applying for PR. We both live abroad, so we sent out application in from here in the USA.
My spouse is a Canadian, and she´s been living with me here ´illegally´ for the past 2 and a half years. She came here from Canada on a tourist visa which lapsed after she stayed longer than 6 months and she´s been here ever since.
Well her sponsorship was approved and now we´ve been called for an interview in Detroit. One of the things they want us to bring (documents) is my spouse´s immigration status here in the US. Well, my spouse has no immigration status, and we´re wondering how this is going to affect our application and what could happen. Does the Canada immigration office have some sort of deal with the US government and could they deport her right then and there or put her in some sort of a detention center? Will our application just be turned down? Very depressed about all this. I really don´t think Canada should care about her immigration status here, especially since we´re both planning on leaving here.
My spouse can´t leave and go back to Canada now because then they might not let her back in the US to do the interview.
Any advice, suggestions or comments would be much appreciated!
Thanks.
[27-05-2008,16:14]
[**.10.164.138]
S |
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(in reply to: Illegal Immigration Question)
Your situation is a little confusing.
Although not an expert, I´m wondering why your spouse needs a tourist visa to USA if she´s Canadian? Do you mean she´s a Canadian PR holding a foreign passport requiring visa to USA?
The other observation is that you´re supposed to apply from USA (Buffalo) only if you have legal status in USA. Otherwise from your home country. But if your spouse is a Canadian citizen or PR, she should have sponsored you from Canada where she´s legal. And it´s not clear what your legal status is in USA. Doesn´t sound good to me.
Canada immigration very much cares what the applicant´s legal status is in the country they reside and from where they´re applying. In these times of uncertainty, they need to know who´s entering, their legality of origin, and background. This is true for all countries, especially when applying for immigration.
Roy/Sharon/others may have more advice.
[27-05-2008,17:21]
[**.53.229.175]
Richard |
(in reply to: Illegal Immigration Question)
As far as I know, Canadian Immigration doesn´t care for the illegals in the US for immigration consideration IF they entered into the US legally.
[27-05-2008,18:58]
[***.254.208.246]
DC |
Immigration (in reply to: Illegal Immigration Question)
Well I´m an American citizen, applying for permanent residence.
My spouse is a Canadian citizen, who entered Canada legally through the airport using her Canadian passport, but instead of just staying 6 months, she stayed for 2 and a half years here in America without any kind of work visa, student visa, or anything else. She hasn´t worked illegally or done anything except study and now wait to go to Canada with me.
Since we both live here, we sent out application to Mississauga where they approved our sponsorship, then they sent the PR ap to Buffalo, which they then sent to Detroit, who now want to interview us.
I´m worried that they would request her status though :(
[27-05-2008,21:19]
[**.9.0.79]
S |
(in reply to: Illegal Immigration Question)
Still doesn´t make sense. You say your spouse came to the U.S. on a tourist visa, yet she´s a Canadian citizen. Canadian citizens don´t need tourist visas to visit the U.S. It sounds like you mean that she overstayed the standard 6-month visit allowance as a Canadian. But 6 months is not a hard and fast rule.
You´re also worried that she has no immigration status in the U.S. If she´s in the U.S. as a visitor, why would she need immigration status? If your sponsorship application indicated that she does have status, then that could be a problem.
I think you just need to be upfront with Detroit during the interview, and if asked state that your Canadian citizen spouse has no immigration status in the U.S. and is here as a visitor to be with you. I´m guessing it´s not going to be as big a problem as you think. The best is just to be truthful.
And no, they would not put anyone in a detention center in your case.
[27-05-2008,22:01]
[**.53.229.175]
Richard |
Immigration (in reply to: Illegal Immigration Question)
Thanks for your advice! When I say she came here in a tourist visa, I didn´t actually mean a tourist visa - she just came here using her Canadian passport at the airport, no visa. I believe that on the actual form we filled out for the immigration papers she just put her status as "visitor", so I have no idea why they would request any documentation of her status as we don´t have any.
Hopefully it will all go well, as we certainly intend to be completely truthful.
[27-05-2008,22:54]
[**.9.0.79]
S |
(in reply to: Illegal Immigration Question)
For spousal sponsorship, income doesn´t matter, so her work/income in the US is immaterial. Though your spouse has to commit that she would return to Canada with you once you´ll get your PR.
BUT you should have a good explanation about why didn´t she apply for your from Canada, rather applied from the US where she doesn´t have any permanant purpose (like work..student).
It would make full sense if she was on a regular coming/going to Canada and apply from Canada.
But in no case you should be worried about detaining for over staying in the US. Yes, if you don´t apply for extension after 6 months then you are illegal in the US. 6 months is by default for the Canadian visitors. For the Canadians, the worse punishment would to have a 10 years bar to re-enter into the US. I don´t think that the Canadian embassy will go that far to report this to the US immigration.
[28-05-2008,10:33]
[***.254.208.246]
DC |
Not a real problem (in reply to: Illegal Immigration Question)
Do not worry about it too much! Your wife entered the US legally and so is classed as an over-stay rather than an illegal immigrant. According to US immigration rules, she cannot be banned from re-entering the US for up to 10 years like illegal immigrants can (ie, those who entered without legal permission). BUT you are applying for Canadian immigration so it is not a problem. Think about it ... she is a Canadian petitioning for her US husband to live with her in Canada. The problem that arises would be if she applied for US PR, although that is not unsurmountable. Like others have said, have an account of what happened and why. Remember that they will be looking for illegality - like working "on the side". Good luck!
[28-05-2008,14:38]
[**.99.80.165]
British Anton |
immigration (in reply to: Illegal Immigration Question)
my father and mother has a tourist visa which are going to expired in august ,we already have applied for extension of visa,so can they stay in usa after their visa gets expires ,till the immigration sends us the answer of extending visa is it legal and will they have any problem during clearance
[18-07-2008,01:20]
[**.80.245.236]
Ap |
(in reply to: Illegal Immigration Question)
we have no idea about US immigration rules. we are a Canadian website.
If they are holding an expired Canadian TV and they want to come into Canada after their visa expires (even with an extension having been applied for) Canada will not allow them in.
[18-07-2008,01:36]
[**.155.160.37]
Sharon |
(in reply to: Illegal Immigration Question)
I would love to know how the interview went. I am in the same situation. Please share your experience.
[24-07-2008,02:51]
[**.192.129.235]
Anonymous |
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