Overstayed in USA, can I get Canadian GC?

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slim215

Registered Users (C)
Hi all,
I'm currently legal in USA and I have sent my provincial nominee application to Alberta immigration last month. Assuming I got my provincial nominee approved and by the time I start the process with CIC, I have overstayed in the US, is this going to affect my application? Does CIC or CIC office in Buffalo, where I have to go for an interview, will look at whether I'm always legal in US?

Thx.
 
Hi,

I am not a legal expert but I don't think you should worry about overstaying your US visa. I have read all of the requirements for the Canadian PR and did not see anything related to this. As long as you don't have a criminal record you should be fine.
Have you already submitted your application? i am getting ready to submit mine. Have you taken the English language test? I took it in Nov 2007 but just realized that they require this test to be no more than a year old.
do you think it's better to apply for Federal or Provincial nominee? Thanks for your help.
 
Do not worry, file for Canadian immigration ASAP, before US immigration finds and deport you.

For Canadian immigration, take the IELTS (General) ASAP, and submit application along with FBI and your country police clearence. Also add spouses birth certificate, for Indian applicants 10th grade board certificate having DOB on it works.

You can also file Canadian immigration ASAP and then take IELTS, police clearence etc and send them once you get your case number. Atleast you will be in line.

good luck.
 
Hutch, and abhuda, thx for responding to my post.
I'm aware that there's no requirements related to our legal status in USA but, who knows maybe during the interview session in Buffalo they will ask about our legal status in US? And maybe once they discovered that I no longer legally present in the US they will reject my application? I'm hoping that people who has experience went through the interview in Buffalo can answer my question more accurately based on their experience. That said, my question is specifically related to the interview session in Buffalo and not regarding the process in general.

I sent my application in Dec to Alberta immigration and am waiting for the result. I tried to take advantage of what they called Strategic Immigration Stream exclusively for people with H1B. It should be much faster than the point based federal immigration route. What I don't know is whether I should be living in Alberta for certain period of time before I can move to any part of the country. I got my degree from US institution and therefore, I don't think I need to take IELTS.

Depending on what's your situation hutch, you should do cost-benefit analysis between provincial and federal nominee. For me, provincial nominee is the best option simply because of the special treatment they give to H1B holder like me.
 
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Hi Slim215,

Do not worry what they might ask you on the interview. You have done everything you could on your side. You might not even have an interview. Plus, an interviewing officer might be a nice person and will overlook something like that.
I am laso on H1b in the US. I have only recently learned about this program in Alberta. I have a question: if they approve my application under this program do I need to go and settle there right away or will I have to live there for 3 out 5 yrs like under the Federal program?
 
Hi hutch,
I thought, interview is a must for every applicant.
As I also mentioned in my previous message, I don't know if we should be living in Alberta right away or if we had to live there for a certain period of time before we can move to any part of the country nor do I know if we have to live 3 out of 5 years. Maybe someone in this forum can tell us. It will be a challenge if we had to live in Alberta right after we got our PR as I believe Alberta is not as developed as some other state in Canada and although Alberta's economy is growing but the effect of global crisis may change everything there.

Have you submit your application to Alberta?
 
If youi take IELTS and get score of about 7.0 bank overall, your interview will be waved. I suggest you to take IELTS, it is easy, but study. YOu can submit your Canadian immigration application and then take IELTS.
 
Just remember that if you overstay in the US for 180 days or more, you may be banned from entering for 3 or 10 years.
 
Hi Abhuda,
As I mentioned in my post earlier, I am participating Alberta provincial nominee program specially for H1B holder and taking IELTS is not part of the requirement. The requirement is that we have to be H1B holder working for at least 1 year and in a position that is included in the list (position that Alberta needed). Therefore, I'm not sure if I still have to go for an interview. But, in any case, are you saying for those who apply through federal program, if they take IELTS and score 7.0, they don't need to go for an interview? In other words, the purpose for the interview is to determined our english ability?

cafeconleche, thx for your info. I'm aware the consequences of being overstay in US.
 
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