Alien Status Expired Can Still Apply For Immigration To Canada

Q: I arrived in the USA approximately four years ago as a tourist. I have not extended my status and I have overstayed. My wife and children are in the Philippines. I am working in the USA as a driver but I am an engineer by profession. In fact, my wife and I met while we worked at the same engineering firm and we have the same amount of experience. I have some friends in Vancouver who has encouraged me to come visit but I have doubts about obtaining a USA from here. I would be interested in immigrating to Canada but do not know how or whether I need to return to my home country to file the application.

A: In my opinion, you are unlikely to obtain a visitor visa to Canada at this time. The Canadian consulate in USA will no doubt see that you have overstayed your USA visa, so they will think you will do the same in Canada. The better news for you is that you do not have to live in perpetual limbo. It is indeed possible to file the application in the Philippines and remain in the USA at the same time. It also appears that you and/or your spouse qualify as immigrants.

Atty. Henry Moyal is a certified and licensed immigration lawyer in Toronto. The article above is general advice only and is not intended as legal document. Send your immigration to Canada inquiries to his office phone 416-733-3193 or visit his website

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One thought on “Alien Status Expired Can Still Apply For Immigration To Canada

  1. Hi there! Please give me an advice as I am so much bothered and anxious of my situation. I have a mexican boyfriend who has been a denied refugee claimant (decision received sometime in february 2011). He then forwarded his application under humanitarian and compassionate together with his application for permanent residency but until now, haven’t heard about it yet.. He has not get any PPRA, no order of removal so far.

    As I am waiting for my divorce decree/ cert. We are looking forward to getting marry soon. I am worried and bothered with the battle that I will face with his uncertain of his assurance here as I don’t even know if I will be able to sponsor him or include him in my application for PR. I am an applicant for PR under the live-in caregiver program. Please give me the best advise that you can spare for me and I will appreciate it. What shall I do, is the idea of including him in my application for PR will not affect or hamper my approval someday?

    Thanks if you can guide me.



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