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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100050
Experience:  Lawyer
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I came to Canada in 2012 on a international work experience,

Customer Question

Hello There,
I came to Canada in 2012 on a international work experience, According to the laws in Canada i would require a post secondary to apply for my Permanent residency. Now i need to apply for my student visa, the application i sent came back stating that i need to apply outside the country (Canada). So my question is can i apply in US via mail or do i have to apply in my country.
I am a New Zealand citizen and is currently residing in Canada with an expired status.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

What would your legal status be in the U.S.? Why can't you go back home to apply from there?

Customer: replied 1 year ago.
I have no legal status in US. I can't go back because i am in Canada now and don't want to leave the country till i get my status
Customer: replied 1 year ago.
When i called the immigration they said i can send the application in US but i was confused
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, if the Canadian embassy in the U.S. said that they would take you if you processed in the U.S., I am not sure I understand why you are confused. What has you confused?

Customer: replied 1 year ago.
Because the application is asking me whats my status in US
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

How did you enter the U.S.? How long have you been here?

Expert:  Debra replied 1 year ago.

This has been moved to the Canada law list as it is about the law in Canada rather than the law in the US.

Your status in the US would be a visitor.

Generally you are required to apply for a visa from back home.

If you had legal status in the US, not counting being a visitor, and had that status for one year at least there would not be an issue.

It may be possible to apply from the US because student permits are generally provided at the border when you are entering the country to be a student with all of the criteria having been met but there is no guarantee as most often the CIC does require you to go home first.

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