By Attorney Henry Moyal
CHILDREN CAN APPLY FOR PERMANENT RESIDENCE FROM WITHIN THE USA
Q. My husband and I are citizens of the USA. We were sponsored by our son who has been a USA citizen for many years. The problem is that our two other daughters are left in the Philippines and we all want to be together. My two children left behind are married and they could not be attached to our USA petition. I was told we could not sponsor our children and further that if my USA citizen daughter sponsored her siblings it would take about about ten years. We do not want to wait that long. Can they immigrate to Canada where we can be closer to each other?
A. I heard that is takes about twelve years for a USA citizen to sponsor a sibling. So, if you have information that is takes ten years, that is not bad considering US immigration. However, I must agree with you that it is still far too long a process. My suggestion is to have them apply for immigration to Canada if they are educated and have work experience. On average the case will take a few years and they will become immigrants of Canada. Once they are immigrants they can enter the USA easily and eventually become Citizens of Canada.
Another strategy is to have them apply while in the USA. Are your children able to at least obtain a visitor visa to visit you? If yes, we often file such applications from within the USA. In this way your children can be with you while the application for Canadian permanent residence is in process. It is a somewhat delicate and complex procedure but entirely possible.
Q. I am a live in caregiver in Canada. I am aware that after three years I can apply for permanent residence if I worked for 24 months. I did not work for 24 months and I have been in Canada for over four years now. I now want to apply again . I have a new employer. Can I apply again?
A. I think you are asking ” can I re-enter the live in caregiver program? ” . The quick answer is yes. You are free to apply again under the live in caregiver program and to essentially start again. However, the bigger question is ” will you pass? ” . Since you have been in Canada for four years, your legal status may be in question. You must re-apply for a work permit outside of Canada? Will you be returning to the Philippines or will you process the case in the USA? Do you have a USA visa? As well, even if you apply there will be questions pertaining to your intentions since you did not seem to fulfil the requirements the first time around. I suggest that you seek professional assistance before you leave Canada.
Q. How much does a person need to invest in Canada in order to become a permanent resident of Canada under the business category?
A. There are several types of categories embedded within the business category so it depends. For example, a self-employed individual does not require to show a specific net worth. A person wishing to enter as an entrepreneur does however require to show a net worth of at least $225,000US. The differences between the categories are complicated and it is suggested that you seek professional assistance from a qualified Canadian attorney before you proceed.
Q. If I have overstayed my visitor status in the USA can I apply for immigration status to Canada?
A. Yes. I need to know more about your background but in general, if you have no status in the USA, that does not bar you from applying for immigration to Canada. I think you should be mostly concerned that the USA immigration authorities do not catch up with you. It is not a Canadian immigration concern at this point and if qualified you can apply to immigrate to Canada.
Attorney Henry Moyal is a certified and licensed Immigration Lawyer in Toronto, Ontario. The above article is general advice only and not intended to act as a legal document. Send questions in confidence to Balita or to Attorney Moyal by fax, mail or email canada@moyal.com
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