IMMIGRATION to Canada OF AN OUT-OF-STATUS APPLICANT (IN USA)

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vineetkavita

Registered Users (C)
Hi,
I am from India (currently in USA), & I’m now out of Status in USA (my visa has expired, & I have no status now); hence, I need to know if it is still possible for me to apply for a Skilled Worker Class Immigration (for Permanent Residency) for CANADA from here in USA.
Please advice ASAP, your response will help me to make a decision.
 
vineetkavita said:
Hi,
I am from India (currently in USA), & I’m now out of Status in USA (my visa has expired, & I have no status now); hence, I need to know if it is still possible for me to apply for a Skilled Worker Class Immigration (for Permanent Residency) for CANADA from here in USA.
----------------NO, you need to be in legal status when you file from US.

Please advice ASAP, your response will help me to make a decision.
Click to expand...
 
Yes & No

Vineetkavita,
This issue is not clear-cut as most people might think. I was out of status when I applied & my application was successfully completed & in record time...here from the US! I was a foriegn student in Maryland & started my application about a year after I was out of status. I submitted with my application my expired visa & last I20 form....in the application, I also claimed my last status in the US (foreign student). I don't know if the situation would have been different if I had a visitor visa or something different, but as you can see from my experience, being out-of-status does not automatically disqualify you!
 
Thanks A Lot.
Today infact Buffalo office also replied that you have to in-status for atleast one year, & should have entered US legally.

Thanks again!
 
Thanks, Buffalo Office has confirmed this to. The requirement is that one must have entered legally, & must stay in US legally for atleast One Year.

Thanks a Lot, Guys!
 
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