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Topic: Immigration after problems occured in the US
Hi everybody. My case is not simple, so I'd like to ask your opinion.
I went to the U.S. few years ago (I'm student so I got J-1 visa) for the summer. These are my problems : 1) I stayed there illegaly for 1 year. 2) An accident with shoplifting took place (I didn't go to the court and went home to Russia).
Now I live in Russia and I'm studying at the university. I will do everything to go back to the US or to Canada. But I don't know if I have a chance to immigrate to Canada as a skilled worker or not after what I've done in the US. I guess I need a really good lawyer. But I have no idea where to find him.
Maybe someone had the same situation or someone have heared something like my story? Do you know how I can find a good lawyer? I appreciate all your comments. Thanks a lot and I'll be waiting for your answers.
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For lawyers - you need to search on web. Try google for the purpose!!!!!
For the criminal record - there is a concept of getting pardon. You check on Candian consulate site http://cic.gc.ca for this purpose. Unless you get the pardon for case and specific time has passed - you may not be eligible for immigration.
I am not sure about US :)
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Thanks for reply. I've already read about Canadian pardon. This pardon requires 5 years to be elapsed, AND these 5 years should elapse after punishment had been applied. MY PROBLEM is I didn't go to the court, so I guess I don't have this punishment yet. This is 1 of the reasons I need a lawyer. I tried to "google", but I don't have good result yet. If you know any names, that'll be great to hear them from you.
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That is a problem! I don't see how a lawyer can help you out with this? You overstayed your US visa and since you didn't show up for your court date they probably issued a warrent for your arrest. Since your are wanted by the US authorities it will show up on your police records for Canada Immigration and there is no way you can apply for pardon before you have cleared your records in the US.
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kreozZ,
Regarding Canada Immigration :
(1) You need to submit FBI clearance to the canada immigration.Good thing is, FBI does not send the clearance and fingerprinting card to the canada immigration directly. To obtain clearance, you have to submit fingerprinting card to the FBI. After their clearance checking, they will mail the whole thing to your address and then you will send to the Canada immigration. If you receive FBI clearance in your address, you can check by yourself whether you are okay or not. But when you open up the report that would be invalid, so if you are sure that nothing wrong with your clearance then you can obtain another one which you may send to the immigration. If there is any problem, then you can get advice from lawyer in USA or canada. I would suggest one guy, david cohen (www.canadavisa.com)
(2) Overstay in USA will not create major problem for canada immigrationn, but so far I know you might have to inform in the application form, if that, you have to clarify why you overstayed, in that case you may seek lawyer advice.
Regarding USA
(1) Overstay will cause problem to entry into USA, it might cause you inadmissible. Shoplifting will be another issue (if they go for criminal check), (if this event is in your record)
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I actualy may have a more close to your problem response,
first of Canada does not need to know that you over stayed in the US, just dont mention it.. its hard to prove either way, unless you can not show what did you do in russia for the same amount of time.
As far as the Shoplifting goes I have some more news for you, I have a friend who is an AUstralian Citizen and lives in the US on a F1 visa, he got cought shoplifting and he didnt not pay his fine, what is really important here is that he was not fingerprinted which im assuming you were not either, he left the US and came back on an E visa for work and nothing happen
but i also have a firend that got a visa denied becuase he had a DUI and HE WAS fingerprinted thats how they knew about the driving problem.
now Canada certainly does not hold all of the US records but if you were not fingerprinted I highly doubt it will matter, same with the overstay where as i said, its hard to prove that you where in Russia at the time
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The application process never says, if you open up the FBI clearance it is invalid as you have mentioned. I had opened it and send the original clearance to them. Hope they would accept that.
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2 suavecito :
My problem is I WAS fingerprinted. Does it mean that Canadian immigration officers certainly know about my shoplifting? I'll try to clear my US records then.
"first of Canada does not need to know that you over stayed in the US, just dont mention it.. its hard to prove either way, unless you can not show what did you do in russia for the same amount of time"
1. I thought Canada and US had 1 and the same immigration base, so Canadians would definitely know about my overstaying. Are you serious about not mentioning it in the application? That will be lie, so my application can be rejected once and for all.
2. Do you think it is be possible to prove I was in Russia all the time of my overstaying? I'll try to get all necessary documents here.
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if you were fingerprinted then yes, as soon as you are screened AND fingerprinted again for Canadian Immigration red flags will come up instantly, so you need to take care of that.
yes I am sure of that, the US and Canada do not share the same immigration base,
I dont think is hard or easy, i mean thats up to you, I do know you could argue that you left the US on time and you have no idea why the US claims you overstayed
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So you are sure Canada and US do not share one immigration base, but they share the criminal one, which is based at least fingerprints, right?
Thanks for replying
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“My problem is I WAS fingerprinted. Does it mean that Canadian immigration officers certainly know about my shoplifting?”
As suggested by a poster above, the only way to know for sure is to get your FBI records. No sense is posting here and getting all stressed out. Get an FBI record and verify.
“1. I thought Canada and US had 1 and the same immigration base, so Canadians would definitely know about my overstaying. Are you serious about not mentioning it in the application? That will be lie, so my application can be rejected once and for all.”
Now why would you think Canada and US has the same immigration? They are two different countries. I know many in the US think Canada is the 51st state, it doesn’t make it so. But with regards to mentioning your illegal stay in the US, I don’t remember any of the forms specifically asking that question. If they don’t ask, why do you want to tell them? Of course, in the interview if they ask, you should tell them. But I don’t believe any of the forms ask if you have been in a country illegally.
2. Do you think it is be possible to prove I was in Russia all the time of my overstaying? I'll try to get all necessary documents here.
I would not recommend that you lie. That’s the worst thing you can do. You may get away with it. But if they do find out they will reject your application for certain. Just be honest. Shoplifting is not a major crime (assuming it was only a few dollars). Yes you should have gone to the court, but we all make mistakes. Don’t make another mistake by not telling the truth in your application, learn from the mistake.
3. So you are sure Canada and US do not share one immigration base, but they share the criminal one, which is based at least fingerprints, right?
No, they do not share criminal records either. That is why FBI will not send your record directly to the Canadian embassy. They cannot. FBI can ONLY send it to you, and then you must forward that to the Canadian embassy. The only way CIC would know of your record is when YOU submit the FBI record to them.
My suggestions:
- Get an FBI record, see what it says. Before you see the record, stop stressing.
- Application doesn’t ask if you were in a country illegally, so no sense in adding extra sentence.
- If they ask in the interview be honest
- Don’t attempt to hide your stay in the US
Ray
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Hi, everybody I am currently w-visa holder in u.s but I am planning to move for good in Canada, last year July 2007 I applied for a family migration status, can I still activate my applicationn? Which I paid already initial 500 u.s. for initial processing. Pls. response If you have confirm idea about this.
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hi everyone, i need someone advice, i overstayed my visa( tourist visa) here in usa and still living in usa, my wife is from canada and she have a permanent recidense there, we got married here and she is sponsoring me, my question is can i get fbi clearance for canada immiration purpose even if i overstayed my visa here in usa?
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Hi,
I overstayed in the US when I was child, but solved the issue by getting a B1/B2 VISA from the US Embassy in London- so now I don't have any problems entering the US. (Don't know if this is an option for you in Russia?)
I have fully disclosed all of this on my application for SW to Canada. I highly recommend that if you are planning on applying, you do the same. If you lie & they find out about it, you've had it! It's best to be honest.
Sorry- can't help about the shopflifting thing.
Thanks
Sam
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