Status problem

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Subject: Status problem
  Hello,
I desperately need help. Here is my problem: I live in the US ( until a few months ago I was legal here, not anymore, my visa expired). I applied as a skilled worker at the Buffalo office and just received the interview waiver, medical exams, and FBI fingerprints requirements. The Buffalo people also want my current immigration status in the country where I live. What do I do? Do I give them my old visa and hope that they will not contact US immigration? Do I try to transfer my documents to my home counry? IS everything over? Please let me know if you have any ideas. I really appreciate it.

[12-10-2006,01:18]
[**.15.181.82]
Nadia
(in reply to: Status problem)
Nadia,

Sounds like the situation I am in. I applied while my I-485 was still pending. My US application has just been denied one week ago. I am out of status now. My Canadian application is not as far as yours, but it will be soon.

I have heard that Canadian immigration officials are not very concerned about your US immigration status, and though it is only an assumption, I believe you do not have to fear that Canadians will contact US immigration for any reason.

I am not sure, but I believe that you cannot transfer your application to your country of origin at this time.

Hopefully, someone who was in a similar situation will respond soon and we both will get the clarity we need.

GOOD LUCK!!!

[12-10-2006,10:38]
[**.8.64.44]
Uniden
(in reply to: Status problem)
I would suggest do not transfer file to your home country.Send them your visa let them take decision I do not think they will contact anybody to confirm your status in US.You´re just 1-2 step away from PR.Do not loose it.

Thanks

[12-10-2006,13:01]
[***.151.41.204]
Tom
(in reply to: Status problem)
They do not have to transfer the file. Overstaying in a country does not make you inadmissable with over 400,000 undocumented workers in Canada.

Read paragraph (a) very carefully your okay.

11. (1) An application for a permanent resident visa ? other than an application for a permanent resident visa made under Part 8 ? must be made to the immigration office that serves

(a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or

(b) the applicant´s country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

Roy
www.cvimmigration.com

[12-10-2006,15:20]
[**.158.59.139]
Anonymous
(in reply to: Status problem)

I had the smilar situation. But I left US and asked my friend to send me all documents. Before leaving US I had FBI fingeprints. Then my friend sent fingerprints by mail. So, I had medical examination from desifnated doctors in Russia and got FBI and other documents. I send it via DHL to Canadian Council. After some time they asked pasport for visa. As far as I was out of US my friend in US send me all documets which came to his address. Canada Council never sends any documnets out of US except Canada and Bermud.
So. If you leave country you may arrange with you friend to foward documents to you. There is nothing illegal here!

Good Luck!

[13-10-2006,05:14]
[**.217.134.15]
Mamed
(in reply to: Status problem)
you don´t need to send your docs to your home, they check your status themselves. if you´re out of status in the US, they usually transfer the paperwork to LA or other CIC for further process (usually before IA received). but seems like you´re almost there. just send your med, FP & other docs they asked asap.
goodluck

[13-10-2006,19:29]
[**.0.106.25]
syl
(in reply to: Status problem)
Nadia, I guess you got your Initial Assessment that´s why they´re getting more papers from you. Remember, Canadian immigration is different from the US INS. Don´t worry, as long as you can get FBI clearance with no criminal record and all the documents needed, you´ll be alright. Don´t take chances in transferring your documents to your home country. And lastly, just be patient it´s not over yet!!!
[17-10-2006,15:40]
[**.230.56.162]
noy
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