CDN Perm. Residency after non-status in the US?

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CDN Perm. Residency after non-status in the US?

Post by americana » Thu Apr 20, 2006 3:18 pm

My husband and I are currently living in Canada- I hold a study permit and he is here with a work visa valid until my stduy permit expires. We would like to apply for permanent residency now, but I have some questions (my apologies if these questions have already been asked and responded to!):

I am a US citizen, and my husband is from Mexico. We met and married in the US- where he had no legal status (and did not enter through a legal port of entry...) and we are currently unable to adjust his status in the States (I am waiting patiently for the laws re: family reunification to change). Knowing that I cannot make false statements on the CDN pr application, will the fact that he entered and lived (and worked) in the US for a period of time w/o proper documentation- given he has no visa stamps in his passport from his stay in the US- create complications for the Canadian application for permanent residency? We left the US voluntarily some time ago because we realized we would not be able to adjust his status (he has never had any interaction with immigration officials in the US, no criminal record).

Aside from the sticky employment and residency history, he and I both score high on the point scale. I know that we would at least be eligible for permanent residency, aside from the question of his time in the US.

My second question- I would like to begin the application process for pr while still holding the study permit and residing in Canada- is that permitted?

Thanks for your thoughts on this.

Ron Liberman
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Joined: Sat Oct 30, 2004 4:23 pm

Post by Ron Liberman » Fri Apr 28, 2006 6:10 pm

His prior lack of legal status in the U.S. is not an impediment to obtaining permanent residence. You should be honest on the forms. The only problem is if you apply from within Canada as the principal applicant, your application will be processed in the U.S., and although in most cases an interview is not needed, he could be called to attend an interview in the U.S.

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