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DAP Forums > DREAM Act > The Lounge

Canada, Canada, Canada. another possibility ? - Page 5

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#41
01-04-2008, 12:15 PM
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Well, I'm not a lawyer, but as for number one, here's a straight answer:

If you have been in the country illegally for 180 days, you have a three year ban. If you have been in the country illegally for 365+ days, you have the ten year ban. Unless you have some kind of benefit giving you legal status or waiving this, that's it. And that presence is aggregate, and as you know starts once you turn 18, so if you were here until you were 18 and 3 months, and then left, and then came back and stayed for 9 months, you have the ten year ban.

As for getting entrance, your chances are pretty much nil. You're a risk for overstay, so you're not going to get a nonimmigrant visa. Something may happen magically and the USCIS agent who deals with your application may be Santa Clause, but barring that, you're out of luck.

Your best bet seems to be number 2. Hate to see you go, though. Remember that it's very unlikely that the immigration reform will apply to people who are out of the country, and we also don't know what form reform will take. It may give legal status to people here, but it may do nothing for visa processing times, so even if your relatives sponsor you it could take years. If you do choose to leave, think long and hard. Another two years here in limbo may turn out all right, but if you leave now you can't know what your future with this country will be, and it may be decades before you're able to get back, especially if they impose a lot of new restrictions. Good luck, and I hope you make the right decision for you.
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#42
01-04-2008, 12:15 PM
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Be careful about the 1st idea because getting an interview in Buffalo is not easy. You most likely will have to go back to the capital of your country and have the interview there, although it depends what country you're from and what its specific situation is. All I know is that as of 3 or 4 years ago interviews in the US are generally granted to people who have permanent residency here.
Last edited by J6; 01-04-2008 at 01:59 PM..
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#43
01-04-2008, 01:54 PM
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I'm going to speak to a couple more Canadian immigration lawyers about getting my visa processed in a consulate outside my birth country. Anyone know of anyone who was successful with this route?

The thing is while I'm waiting for my Candaian visa to come through 3 or 4 years will pass and I will probably will only see my family a couple of times if that. I'm trying to emotionally prepare myself for that. I've know it's crazy but it's about time I take some risks and leave everything I love and know behind.
Waiting for nearly a decade for DREAM to pass wasn't worth it. I'll be back and have family wiling to financially support me and that makes it easier to do what I'm doing.
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#44
01-04-2008, 04:06 PM
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My family had an "intervention" and it made me realize how impulsive I was being. A few weeks ago I realized how long I had been waiting and all the emotions that came with that screwed with my mind. I realize I can't go a decade without seeing my family and friends. The lawyer told me I pretty much have a 10 year ban so I'm going to stay until 2009.. for now but I'm going to keep researching Canada as an option.
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#45
01-04-2008, 04:36 PM
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^^It is stories like this that pisses me off about this whole situation.Youguysareawesome,If I were you I''d about applying for an Aussie visa while my Canadian visa is pending since Australia only requires English,unlike Canada which requires both English & French.While you're waiting all of that time for a Canuck visa you could qualify for about half of the requirements for Australian Citizenship by the time your visa is ready.Shusterman even recommends it to his clients who are now coming into the US.

BTW,on the issue of returning to the U.S,I highly doubt it would be possible unless you have a living US citizen immediate relative you can prove extreme hardship to.Another way you might be able to return is if Dream act actually passes & still has the retroactive clause within,other than these two options returning to the U.S. is probably not going to happen to anyone with our situation.
I think I can understand why the Canadian visas are so backed up now.Technically Canadian Citizens have the most options of getting into the United States including having their own specialty visas such TN & E visas & have visa free access to the US while not even being in the VWP program.

But I am glad you're deciding to stay.I had the same sort of intervention with my family about 1 year ago when I was actually thinking of applying through the Aussie process,I'm glad I held off since I became legalized this year BUT I'm still thinking of visiting Australia to see what could've been.
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#46
01-04-2008, 04:56 PM
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Actually Ianus, I think that the lack of the French language on the Australian visa is a tradeoff for steeper skilled worker requirements, isn't it? French is not a requirement for a Canadian visa, it simply gives you points towards the minimum needed. Knowing English perfectly instead of moderately is worth more points than knowing English moderately and French a little.

I'm too lazy too reread everything and see which visa you're applying for but you must have a college degree and work experience to even apply as a skilled worker to Canada and that's something most of the people here do not have (they asked my mother to send tax forms proving her work experience though that wasn't the reason she didn't go through with it).

It seriously isn't easy and I'm glad that you guys are at least seeking professional advice on the matter. Some people have the same approach for Canada as our parents did for the US.
Last edited by J6; 01-06-2008 at 10:11 PM..
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#47
01-06-2008, 08:16 PM
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I actually spoke to a Canadian lawyer last year about moving to Canada. He told me I would have to go back to my home country to apply. If I apply while I am in the U.S. I would be declined because of my immigration status in the U.S. I would not even be allowed a tourist visa to Canada because they fear I would overstay.
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#48
01-06-2008, 08:19 PM
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^ Thanks, that's what I figured. I'm putting my plans of leaving on hold for now....
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#49
01-06-2008, 09:11 PM
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Quote:
Originally Posted by PassTheDreamAct View Post
I actually spoke to a Canadian lawyer last year about moving to Canada. He told me I would have to go back to my home country to apply. If I apply while I am in the U.S. I would be declined because of my immigration status in the U.S. I would not even be allowed a tourist visa to Canada because they fear I would overstay.
Right. I knew Canada required at least a year of legal status from a certain country. My question is, I came here when I was around 2 years old -- would the first two years of my life in Mexico meet that requirement? I'm sure it's a silly question, but it's a possibility.

I don't want the ten year ban, but I was just thinking about how much I would love to visit/live in Toronto. I think I'll stick it out for a bit more -- but the time is always ticking.
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#50
01-06-2008, 10:29 PM
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Quote:
Originally Posted by VJB2 View Post
Right. I knew Canada required at least a year of legal status from a certain country. My question is, I came here when I was around 2 years old -- would the first two years of my life in Mexico meet that requirement? I'm sure it's a silly question, but it's a possibility.

I don't want the ten year ban, but I was just thinking about how much I would love to visit/live in Toronto. I think I'll stick it out for a bit more -- but the time is always ticking.
I don't really know the answer to your question but all I know is you can't apply if you're in the U.S. Well actually you can if you want to but you will most likely be denied a visa. I think you would have to go back to your home country and apply from there. I understand how you feel about visiting Toronto, I too want to visit Toronto as well as Vancouver but I guess right now we'll have to wait and see and hope for the best.
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