Can a visitor apply for Candian Immigration from USA?

Daxesh

New Member
Can apply for Canadian Immigration (point basis) while I am visiting US? As a visitor, I can\'t stay more than 6 months in states, and if process takes more than 6 months, what about my interview?

The only reason I am thinking to apply from US is, it takes about 2 and half years from India while only 6-8 months from US, but not sure who is eligible for application.

Any help will be appreciated.
Thanks.
 
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Could someone pl. answer these queries of mine ?

1) After migrating to canada how long would one have
to stay in canada before one can travel to the U.S.
2) If a Indian immigrant to Canada needs a tourist
visa to travel to the U.S
3) How long can a immigrant to Canada stay in the U.S
4) How long can a Indian immigrant stay outside Canada
& yet not loose one\'s legal immigrant status in
Canada.
5) Will my U.S. visa rejections hamper my travelling
plans to the U.S. from Canada.& if immigration to
Canada from india could b turned down for the same
reason.

Thanx much
 
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1. For what purpose?
2. No. Canadian immigrant does not need Visa to travel to US if you are from India.
3. You can stay outside Canada for 180 days with out loosing your Canadian Status.
4. What type of visa rejection? When you are crossing the boarder to US, US officials at the boarder will ask why you going to US. You should be able convince them.
 
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Can you clarify your answer in point #2---is this from 1st hand experience.---I have been given to understand that Indian immigrants to Canada (i.e., those holding just a Canadian "GC" not Canadian citizens) do need a visa to travel to the US.
 
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Indian Citizens with Canadian Landed Immigration status prople does not need visa to VISIT USA. If you say on border crossing from Canada to USA , "I am visiting" to the US Immigration officer, then you do not need visa to visit USA (PERIOD). This is true for all British Commonwealth countries like Australia, Ghana, Kenya, Pakistan, Nepal, etc. However US immigration officers can stop anyone (including Canadian citizens) from enetring into USA if they find out that your intention is to stay in USA and not visit, (.i.e. your car is loaded with stuff for long term plans to stay in USA, occasionally or upon suspicion US immigration officers search passenger cars, if they find your resume or other documentation as proof that you are not visiting instead looking for job in USA then they can stop you.

If you recently became Canadian Landed Immigrant then USA immigration officer can stop you from entering USA before this they ask you to provide proof of permanent residence in Canada (such as utility bill at your name, place and phone number of work place in Canada, rent lease in addition to drivers licence etc.). Agian they stop you from entering into USA on the basis that your intention is to saty in USA and not visit.

This once happened to my friend a Canadian Landed Immigrant visting USA, my friend told US Immigration officer that he is visiting me. Then US immigration officer asked for the address and dierctions to my house and also my phone number. Then Immigration officer called me and verified if I am expecting any visitor from Canada. However this type of verification is very rare may be 1 in 10000. If someone is truly visiting USA, no probelm and no visa required for Canadian Landed Immigrants with Indian Citizenship. US/Canadian Immigration officers judge from face value, if you are nerves then they ask you more get suspicious. Decalare anything you bought from duty free shop or store other than your personal cloths. DO NOT THINK that I crossed USA/CANADA so many times they never check my car, Immigration Officers will never know if I hide something in the trunk. MY EXPERIENCE IS," DO NOT TRY TO BE OVERSMART WITH IMMIGRATION OFFICERS ON BORDER". Answer anything they ask, do not expalin more than what they ask, (i.e. They ask "Where are you going?" tell "ABC, STATE or Detroit, Michigan" Purpose of trip? "Visit my friend" do not tell more than they asked, for example in above case do not tell that "I am invited by my friend to attend birthday party" if immigration officer need more explantion he/she will ask more questions). Always talk with confidence, make eye contact when answering questions, and donot lie to them. Hope this helps............
 
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YES. It is from personal experience. I was landed Canadian immigrant during years 1996-2000(eventually became Canadian last March). During this period I traveled to US number of times. This is legal. The only tricky part is, when you are crossing the boarder US officials should not get feeling that you are going to US for any purpose other than a short visit.
 
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I asked this question earlier but no one responded so asking again...

Who is eligible to apply for Canadian Immigration (independent category) from USA? Can a person visiting USA is eligible to apply for Canadian Immigration?

Any help will be appreciated. Thanks.
 
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I do not know whether you can apply from US or not. The problem could be 6 months period. But I know a person who, living in India applied from Honkong, appeared for interview in Honkong and migrated to Canada from India. He did this on advise of a lawyer and lawyer arranged everything for him. I suggest you contact a Canadian Immigration lawyer and take advise from him
 
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Hello:

Thanks for the info u provided with regards to Indians with Canadian PR entering the
US. My 6-yr limit on H-1B is fast approaching and iam applying for a canadian PR.
I have a couple of questions for you:

* When I do visit the US, ( with Canadian PR) do I have to fill-out an I-94 ( arrival/dep record)?? Does anything get stamped on my passport??

* When iam supposed to be out of the country for 1yr after the 6-yr limit, do the above
 visits constiute any violation of the 1-yr ban??? Can INS use it against my GC which
 in currently in process.

Thanks for your time and help.
 
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When I do visit the US, (with Canadian PR) do I have to fill-out an I-94 (arrival/dep record)? Does anything get stamped on my passport??

No you don\'t need to fill I-94 for visiting USA and nothing gets stamped on your passport. Being a Canadian PR and visiting USA, all you need is your passport and Canadian landed Immigration papers.

However if you want to work in USA, you need H1. You can live in Canada and still work in USA as long as you have solid proof that you actually live in Canada (rental lease, car insurance, drivers license, utility bills at your name etc.) and file annual tax return in Canada. USA and Canada have special treaty you do not have to pay double tax. Canadian Immigration does not care where you work in USA, as long as you file taxes and frequently visit Canada, and maintain residence in Canada with above mentioned proofs, Canadian Immigration people can not touch you.

If US immigration officer on border send you back to Canada due to some reason, even then it does not get stamped on your passport. However, US Immigration Officer\'s have the authority to ban your entry into USA, that power is only used if you smuggle drugs, or think you are communist and USA Immigration Department use very rare on average person.

However if US immigration officer pull you inside for questioning, they can find out everything about you, and your pending case for immigration if you have one. So how it will impact pending US Immigration case, you better take advice from a good lawyer.

USA Immigration Officer can stop you from entering USA, if he/she is not satisfied with your answers that you are visiting USA. If INS stops you from entering in to USA, this is temporary and you can try later with solid proof that your intent is to visit not work or stay for longer duration. You can try same day but on different car, as once they stop you from entering the USA they flag your car Plate. SO next time when you try they will immediately know that you was stooped before. However, this information is temporary stored in the INS database system and is available to all INS officer for 24 hours after each occurrence, or may be longer but I am sure is not permanent. So one can try on different car even on same day and still cross US border even you were stopped, but safe will be at different border crossing to avoid the same immigration officer.

 When I am supposed to be out of the country for 1yr after the 6-yr limit, do the above visits constitute any violation of the 1-yr ban??? Can INS use it against my GC which in currently in process.

No your visits to US are not violations of 1-year ban. 1-year ban is on your payroll. You can not earn for one full year in USA. So if you have a proof of job in Canada and visit USA, I don\'t think INS can use this against you. US Immigration is based upon future positions. As long as you can prove to INS that you intention is to visit USA and not work or stay longer, this should be fine. Again take an advice from your lawyer in this regard.
 
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1. There is no minimum time that you must remain in Canada before you are eligible to depart.

2,3. Citizens of India with PR status in Canada are not required to obtain a passport visa to appear at a US port of entry. A US immigration official at that point determines eligibility and duration as a visitor.

4. That is not a simple issue. See the following URL for details:

http://canadavisa.com/documents/rrp.htm

5. Prior refusals for admission as a visitor can adversely affect your eligibility, even once Canadian PR is obtained.

________
Campbell,Cohen - attorneys at law
info@canadavisa.com
tel: (514)937-9445; fax: (514)937-2618
http://canadavisa.com
 
No job - applying for CA PR

Hi all,

I was searching thru the posts and couldn\'t find an answer to this...

I lost my job a few mionths ago. I still have a few months before my H1 visa expires. Will this cause a problem when applying for Canadian immigration?
Obviously the latest letter of employment I can show says that I stopped working a short while back.
I also read about moving from H1 to B2 status to stay in status here.

Any feedback in this willbe much appreciated.

Thx...
 
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