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| Subject: Immigration help |
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Hi, My question is not an easy one.. it´s uncoventional..
i applied for canadian immigration two years ago from india... my husband was in states and he over stayed on his visa there due to certain family issues and he was unable to come back.. He returned back last year and he is in india now.. He wants to apply to canada too but is concerned the canadian immigration authorities will check when he exited the usa and see that he overstayed and reject his application on that basis.. he did his bacehlor´s from new york in accounting and is pursuing mba from here.. he has two years work experience in accountancy..
if anyone has any info on this then can you please tell me.. lawyer´s here are not helpful at all and this question is holding him back..
Thank you,
Neha
[02-02-2005,13:55]
NC |
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(in reply to: Immigration help)
Hi Neha...
Just a note... the Canadians are not at all interested in knowing about your history in USA... As long as they assess you as a clean citizen with no criminal records you are good to go.
your husband did a bachelor´s from NY and now doing MBA... thats good...
Are you guys making 67+ points... If yes... then you should not worry...
The thing you have to consider now is that how will your husband get the FBI fingerprinting (certificate of -no-record- from FBI).
I´d say you should be okey as long as you are above 67 points and have no criminal background in India, USA as well as all other places where you have stayed for more then 6 months.
The only problem I see is that of the wait... New Delhi is processing applications of last 4 years as of now... and by the time your application goes trhu in next 4 years I hope the delay is reduced and not incremented...
Cheers,
- HS -
>>>>
Hi, My question is not an easy one.. it?s uncoventional..
i applied for canadian immigration two years ago from india... my husband was in states and he over stayed on his visa there due to certain family issues and he was unable to come back.. He returned back last year and he is in india now.. He wants to apply to canada too but is concerned the canadian immigration authorities will check when he exited the usa and see that he overstayed and reject his application on that basis.. he did his bacehlor?s from new york in accounting and is pursuing mba from here.. he has two years work experience in accountancy..
if anyone has any info on this then can you please tell me.. lawyer?s here are not helpful at all and this question is holding him back..
Thank you,
Neha
[02-02-2005,14:07]
HS |
(in reply to: Immigration help)
Thank you HS...
yes he is making the 67+ points.. but he was concerned that they will check his exit status from the states..
FBI fingerprinting? oh god.. what´s that? i have never heard of that.. he over stayed on his student visa.. does he need the fbi fingerprint because of that?
yes i know of the long wait.. i am finishing my medical school from here so i have time.. but my husband does not.. that is why i want him to hurry up and apply as it is a long wait...
i aplogize if this is too inquisitive, but are you a lawyer or legal advisor?
thank you again.
[02-02-2005,14:21]
NC |
(in reply to: Immigration help)
Because your man lived in the US for years, he needs a clearance from the US. FBI issues these clearances. How do you get it? I know how to get it if you are inside the US. But being outside, you may have to contact the US embassy. Don´t get scared by the fingerprint. The FBI is just a bunch of Federal Police! They check for criminal violations and such. I am not sure but your husbands overstay may not be deemed criminal. I hope he was not ordered by an immigration court in the US to leave. If he left voluntarily, I think (not sure) it won´t become a criminal issue. Anyways, good luck.
[02-02-2005,14:34]
!@#$%^&*() |
(in reply to: Immigration help)
No he left on his own.. he could not leave when his visa was expiring.. we will have to look into the fbi fingerprinting..i thought that fingerprinting was not for indians? i might be wrong.. he has no criminal record there.. and he has been in india for over a year now.. does he still have to get fbi clearance? someone told me that it has to come from your country of residence?
[02-02-2005,14:46]
NC |
(in reply to: Immigration help)
Neha Ji,
Don´t worry as long as you hubby told u the truth that he has no criminal record in the US or any drunken driving violation. You can check that there is no US exit stamp on his passport. Foreign passports are not stamped at the time of exit from US port. So, no way Canadian CIC will know about it. FBI fingerprinting in India is not a problem. US consulate does it and are very much aware of that process. You husband has to provide his Social Security Number to the Embassy.
Hope this helps.
Aki
[02-02-2005,16:01]
Aki |
(in reply to: Immigration help)
"Foreign passports are not stamped at the time of exit from US port." - True
"So, no way Canadian CIC will know about it." - Wrong
Each foreign citizen is supposed to return his or her "white" card at the time of exit from US port. So the US government agencies know how long your husband overstayed his student status. Is there any exchange of information between US and Canadian government agencies? I have no idea.
Anyway your husband should get his clearances from FBI and state police. Receive these forms and then decide whether you should apply for Canadian PR. I think your chances are good because you will get clear records on your husband.
[02-02-2005,16:43]
Yury |
