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I am a US citizen married to a Canadian citizen. I am

I am a US...

I am a US citizen married to a Canadian citizen. I am currently applying to be a permanent resident. I crossed the border from the US into Canada and was informed by a border patrol agent that I overstayed on one of my visits. I thought if a passport was stamped at he border I was allowed to stay in Canada for 6 months, however the passport was stamped far sooner than 6 months end I was completely unaware. The border patrol agent said this could possibly affect my application. I’d there anything I can do now?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am from a Pennsylvania and we are planning to reside in Alberta

Lawyer's Assistant: Has anything been filed or reported?

No. There was no deport order or report of it at the border. The border patrol agent said he figured it out by counting the days. I overstayed by 108 days.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are currently expecting our first child in August. I don’t know if this will affect me crossing the border? Or affect the application?

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Answered in 1 hour by:
3/8/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,487
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry you are so concerned.

Is this a spousal sponsorship?

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Customer reply replied 4 months ago
Thank you. Yes. A spousal sponsorship.

There is no possibility this will affect your sponsorship application. None.

In fact spouses who are illegally inside of Canada can be sponsored.

The main reason is that it is the right of each Canadian to sponsor their spouses.

It could affect your ability to enter the country but if you entered and left while the spousal sponsorship has been ongoing they will see you will most likely leave again. As well, considering all your visits it seems like you only overstayed once so that is also important.

But while trying to visit do be sure you can provide evidence of strong ties to back home, such as a job.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 4 months ago
Thank you for your response! Do you know if there is somewhere I should report my overstay? Should I write it on the application?

You only have to report it if asked.

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Is there anything more I can help you with at this point in time?

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Customer reply replied 4 months ago
I am filling out my PR Application. I have no legal status in Canada. I am just a spouse of a Canadian and considered a Visa. Is it okay to fill out the application that I am currently living in Canada?

Yes it is fine. CIC allows this exception to the regular rule of not apply from within Canada without legal status. Spousal sponsorships are the one exception.

Please rate me now. My stats are being harmed because you this post has sat unrated. You can still come back and ask follow-up questions, of course.

Thanks

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,487
Experience: Lawyer
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