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 http://www.moyal.com