This is my situation...I would like to know if it will be an issue for my sponsorhip.

In 1999, I left for the USA where I stayed for about 2 years without returning to my country. So, in this regard, I was an illegal immigrant in the US. While there, I did not work or get involved in any problems with the law, I just had problems with family members I was living with, and because it was too much to bear, I just came home.

In January of this year (2004), I got married to a Canadian citizen and we want to go ahead and apply for the sponsorship. I am not sure if I should mention that I stayed in America for 2 years illegally...and I would like to know if they can find this out, and if so, what would be the implications.

I have a good financial background, good job in my country...there isn't anything really to make them doubt the credibility of my character. Also, I had previously applied for a visitor visa to Canada (last month) and was rejected. They said to wait for my husband to sponsor me first. On the application for the visitor visa, I did not mention about the issue with America, so obviously, I am worried that if I mention it in the sponsorship application, it will be a problem.

Please help!

Dianne --

It is very likely that "they" will find out that you overstayed.
Concealing such facts is never a good idea.
You need to remember that even if such fact comes to light several years later, your PR status can be revoked.
I would suggest tread cautiously here.

As for your next course of action, how about seeking advice from an immigration lawyer?
I think it is better to seek qualified legal advice because any mistake at this stage can come back and haunt you later.
It is worth hiring a lawyer and explaning your case fully.

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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"

Thank you for your reply!

Okay...what if i do mention that I overstaying my time in America...will this affect my sponsorship then?

Also, since i had obviously lied when i applied for the visitor visa, will they cross-check the two ? What may be their decision then?

P.S. My husband in Canada would like to initiate the legal proceedings there...is there a reputable immigration lawyer in Toronto (Brampton region) that can assist us?

Thanks.
Dianne

Dianne --

The fact that you lied when applying for Canadian visa is almost certain to be discovered.
More - when you declare that fact now, it will be cross-referenced with your previous visa application and it will be noted that you have withheld facts in the past.
In the case of a skilled worker application, this issue can quite possibly cause a rejection.
However, in a spousal case like yours, it may be ok and your application can succeed.
I am not sure, and would dare not advice you either way.
You need legal guidance.

Since your husband is in Canada, ask him to check the local Yellow pages and contact some immigration firms.
Make sure that the firm has enough expertise and experience with spousal cases.
Personal references work best, and he should ask around from friends and family for a good law firm.

I had used a law firm for my application, but mine was a skilled worker case.
I can recommend the name of the firm, and you will need to check with them about their expertise with family cases.
Send me an email if you need a reference.

Hope this helps.

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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"

We went ahead and contacted an Immigration Law Firm..got an okay response. They said the issue is not too much of a problem as long as I have police clearance certificates for the US..which I will go ahead and apply for.

So, I am keeping optimistic at this point!

I would also advise you to take multiple opinions in this and then decide a course of action. I do believe you should tell the truth otherwise it can come back to haunt you anytime, like it did this time. Even after you're in Canada.

But presentation is the key here and for that you need an expert.

My two cents.

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Are you there?

Quote:

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Orginally posted by dianne
We went ahead and contacted an Immigration Law Firm..got an okay response. They said the issue is not too much of a problem as long as I have police clearance certificates for the US..which I will go ahead and apply for.
So, I am keeping optimistic at this point!

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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"