Travel to Canada with Expired Green Card

[iAllStar 0]

Hi Guys, My case is very sensitive. My friends fathers green has expired and the extension was rejected due to false marriage. Now, my friend got affected, her green expired and she doesn't have any status or whatsoever in US (California), she told me that she still have her passport from philippines.

My first question is, Can she travel to Canada by land or air without having any problems (except coming back to us)? Also what will happen if she marries a canadian citizen or a landed immigrant.

Second question is, is it possible to marry an American citizen? how long before she can change her status to a citizen and without being questioned by the government.

thank you

I'm hoping you could answer my questions. Thank you so much!

[Brother Hesekiel 2,236]

Your friend's father got caught entering a fraudulent marriage and thus lost his resident status. Your friend, as a derivative of her dad, therefore also lost her resident status. Now you are inquiring about ways for her to enter also a fraudulent marriage to either a Canadian or US citizen in order to remain either in Canada or the US?

Did I interpret this correctly?

In any case, if her Philippines passport is still valid, she will have no problems traveling to Canada, whether by car or plane.

[Kathryn41 3,205]

Actually, Bob, she may well have problems travelling to Canada either by Air or by Car. She needs to have a valid green card in her possession when she arrives at the border either by plane or by car. If she does not have this, then she needs to have a visa issued to a Philippines citizen prior to her arrival at the border.:

Citizens of the Philippines require a visa to enter Canada.

United States of America permanent residents [Green Card holders] who are in possession of their status document or who can provide other evidence of permanent residence in the USA do not require a visa to visit Canada. However, if you have been outside of the United States for a considerable period, you must first confirm your permanent resident status before entering Canada.

http://www.canadaint...spx?lang=eng#n1

Since she lost her legal status in the US she can only enter Canada with a visa.

Just Bob is right, though . . the OP looks like he is trying to find out how to keep his friend from having to return to the Philippines through marriage to an 'available' Canadian or US citizen - which sounds like marriage fraud.

It is debatable whether marriage to a US citizen would 'solve' her problems as she is out of status and USCIS would look at her marriage as a means to try and avoid deportation. Has an order of deportation already been issued? If so, then no, she would not even be allowed to adjust status and remain in the US. Depending on how long she has been out of status, when she leaves the US she may incur a 3 year of a 10 year ban.

She needs legal status in Canada in order to be allowed to remain in Canada to be processed as a permanent resident. To get the visa to Canada she needs to prove she has no intention of staying in Canada, can support herself financially (and legally) but is not allowed to work as a visitor, and have both a return ticket in hand to her place of residence or another country as well as proof of ties to her home country. I do not see it as very likely she would qualify for a visa to Canada under the circumstances you have provided.

As much as you and your friend would like it for her to stay in the US, unfortunately there do not seem to be many legal options right now. Where is her father? Has he already left the US? Is he appealing the denial? There may be other complications that need to be addressed in her circumstances, but seeking to marry for the sake of immigration benefits has already caused her father problems. For her to do the same would only create more problems for her and not solve the ones she currently faces.

Edited March 20, 2011 by Kathryn41

[iAllStar 0]

Your friend's father got caught entering a fraudulent marriage and thus lost his resident status. Your friend, as a derivative of her dad, therefore also lost her resident status. Now you are inquiring about ways for her to enter also a fraudulent marriage to either a Canadian or US citizen in order to remain either in Canada or the US?

Did I interpret this correctly?

In any case, if her Philippines passport is still valid, she will have no problems traveling to Canada, whether by car or plane.

Sort of correct, they are trying to prove to whoever that the marriage between her "Father and an American citizen is real" It was the American citizen who declared divorced or who wanted the divorced. I'm not saying I want her to enter this Marriage fraud but the attorney said that's the "ONLY" option right now.

Actually, Bob, she may well have problems travelling to Canada either by Air or by Car. She needs to have a valid green card in her possession when she arrives at the border either by plane or by car. If she does not have this, then she needs to have a visa issued to a Philippines citizen prior to her arrival at the border.:

Since she lost her legal status in the US she can only enter Canada with a visa.

Just Bob is right, though . . the OP looks like he is trying to find out how to keep his friend from having to return to the Philippines through marriage to an 'available' Canadian or US citizen - which sounds like marriage fraud.

It is debatable whether marriage to a US citizen would 'solve' her problems as she is out of status and USCIS would look at her marriage as a means to try and avoid deportation. Has an order of deportation already been issued? If so, then no, she would not even be allowed to adjust status and remain in the US. Depending on how long she has been out of status, when she leaves the US she may incur a 3 year of a 10 year ban.

She needs legal status in Canada in order to be allowed to remain in Canada to be processed as a permanent resident. To get the visa to Canada she needs to prove she has no intention of staying in Canada, can support herself financially (and legally) but is not allowed to work as a visitor, and have both a return ticket in hand to her place of residence or another country as well as proof of ties to her home country. I do not see it as very likely she would qualify for a visa to Canada under the circumstances you have provided.

As much as you and your friend would like it for her to stay in the US, unfortunately there do not seem to be many legal options right now. Where is her father? Has he already left the US? Is he appealing the denial? There may be other complications that need to be addressed in her circumstances, but seeking to marry for the sake of immigration benefits has already caused her father problems. For her to do the same would only create more problems for her and not solve the ones she currently faces.

It says on the Canadian embassy website or www.cic.gc.ca, she doesn't need a visa just a valid passport to enter Canada. Also is it possible to apply for a PR card while she's still in US and out of Status.

Yes, If i'm not mistaken, a letter of deportation has arrived but it says that they have to wait because they were told they have to appear in a court. Her father has appealing the decision since it came out, they have a lawyer but can't seem to get approved. Her father is still in the US, waiting for any decisions. Also, She was a minor when she got into US, will that help anything?

[Kathryn41 3,205]

IF she were still a Permanent Resident of the US - in other words, has a valid green card - she would be allowed to enter Canada with her Philippines passport and a valid green card. As she currently does not have legal status as a permanent resident in the US, she is not allowed to enter Canada with just her passport. Since she is no longer considered a permanent resident and out of status in the US, she cannot enter Canada legally claiming to be a US permanent resident. Regardless, she needs PROOF at the border that she is a permanent resident of the US and she does not have that.

Since she is not a permanent resident of the US as a legal green card holder, she cannot be treated at the Canada border as a Permanent Resident of the US. She has to be treated as a Philippines citizen. Philippines citizens require a visa to enter Canada. The information was in the link I provided.

She can only apply for a PR card to Canada if she is sponsored or meets the points system established by the Canadian government. http://www.cic.gc.ca/english/immigrate/index.asp . She can receive it outside of Canada but again she needs to meet a Canadian, get married, have him apply to sponsor her, take about a year to do so going through all of the immigration process involved and working through the Canadian Consulate in Buffalo - all while in deportation hearings in the US. Sounds like fraud to me - and I am pretty sure the Citizenship and Immigration Canada will see it the same way.

http://www.cic.gc.ca...visit/visas.asp Countries and territories whose citizens require visas in order to enter Canada as visitor:

http://www.cic.gc.ca....asp#exemptions Visitor visa exemptions: "persons lawfully admitted to the United States for permanent residence who are in possession of their alien registration card (Green card) or can provide other evidence of permanent residence;"

Edited March 20, 2011 by Kathryn41

[Brother Hesekiel 2,236]

Actually,

Kathryn is absolutely correct. I totally overlooked that a citizen of the Philippines would need a visa in her passport in order to enter Canada, unless he or she has a valid Green Card that is. Thus, traveling without it and an expired Green Card will not work.

[iAllStar 0]

Then her best option is to go back to Philippines, marry her REAL Canadian Citizen boyfriend then get sponsored to Canada. Can she go to U.S when she gets approved for sponsorship? Her brother lives in LA and is in the Navy.

So if she's returning to philippines, the best place to get it processed is at the "Buffalo place" (Don't know why people recommend this).

[Kathryn41 3,205]

Then her best option is to go back to Philippines, marry her REAL Canadian Citizen boyfriend then get sponsored to Canada. Can she go to U.S when she gets approved for sponsorship? Her brother lives in LA and is in the Navy.

So if she's returning to philippines, the best place to get it processed is at the "Buffalo place" (Don't know why people recommend this).

That would be her best option. If she is returning to the Philippines, then it would be processed in the Philippines. Each country has a Canadian Consulate to handle immigration applications. The one for the US is located in Buffalo. If she filed in Buffalo then she would interview in Buffalo and that may pose a problem for her if she is denied re-entry into the US.

One question of curiosity - if she has a real Canadian boyfriend, why did you ask about her marrying an American in your original post? If she has a legitimate, existing relationship with a Canadian they should take a look at what is involved in getting married (if that is what they are planning on doing) and seeing if there is an option for applying from within the US before she is actually deported. She will still have to face questions about her situation in the US but if she has an established relationship already, she should be able to prove it. Once they are married he can apply to sponsor her to Canada. Canada does not have a fiancee visa program like the US so they need to be married before any type of immigration process can start. It does not matter where they are married, just that they are.

If she becomes a permanent resident of Canada she would still have to deal with any out of status time spent in the US before she would be allowed to re-enter the US from Canada. It is based upon the person - not upon where they are or their nationality. So,if she has more than 180 out of status days in the US but less than a year, then she will incur a 3 year ban upon re-entry. If she has over a year of out of status days, then she will incur a 10 year ban. That ban would not go away even if she becomes a Canadian citizen.

Her situation with regards to out of status days, however, may be the deciding factor in choosing a route. If she does not yet currently meet the 3 year or 10 year ban criteria, then leaving the US for the Philippines is in her best interest as it will allow her to visit the US later on without difficulties - or a shorter wait if it is a 3 year ban. If she has already gone past those dates, then she and her Canadian 'husband' may try the other route. There are no guarantees and she may end up having to go back to the Philippines for processing and have a 10 year ban.

There are risks for all options. The riskiest ones, though, are the ones that involve fraud.

Edited March 21, 2011 by Kathryn41

[iAllStar 0]

That would be her best option. If she is returning to the Philippines, then it would be processed in the Philippines. Each country has a Canadian Consulate to handle immigration applications. The one for the US is located in Buffalo. If she filed in Buffalo then she would interview in Buffalo and that may pose a problem for her if she is denied re-entry into the US.

One question of curiosity - if she has a real Canadian boyfriend, why did you ask about her marrying an American in your original post? If she has a legitimate, existing relationship with a Canadian they should take a look at what is involved in getting married (if that is what they are planning on doing) and seeing if there is an option for applying from within the US before she is actually deported. She will still have to face questions about her situation in the US but if she has an established relationship already, she should be able to prove it. Once they are married he can apply to sponsor her to Canada. Canada does not have a fiancee visa program like the US so they need to be married before any type of immigration process can start. It does not matter where they are married, just that they are.

If she becomes a permanent resident of Canada she would still have to deal with any out of status time spent in the US before she would be allowed to re-enter the US from Canada. It is based upon the person - not upon where they are or their nationality. So,if she has more than 180 out of status days in the US but less than a year, then she will incur a 3 year ban upon re-entry. If she has over a year of out of status days, then she will incur a 10 year ban. That ban would not go away even if she becomes a Canadian citizen.

Her situation with regards to out of status days, however, may be the deciding factor in choosing a route. If she does not yet currently meet the 3 year or 10 year ban criteria, then leaving the US for the Philippines is in her best interest as it will allow her to visit the US later on without difficulties - or a shorter wait if it is a 3 year ban. If she has already gone past those dates, then she and her Canadian 'husband' may try the other route. There are no guarantees and she may end up having to go back to the Philippines for processing and have a 10 year ban.

There are risks for all options. The riskiest ones, though, are the ones that involve fraud.

She has a Canadian Citizen Boyfriend but the Boyfriend just graduated from College and doesn't really have the money to sponsor her, Or do they really look into someone's income? maybe T4? Right now the boyfriend is looking for any possible job so he can send money to her if she plans on going back to Philippines.

If she marries her boyfriend in Philippines and tries to get sponsorship, do you think it will be approved? The boyfriends family is very nice and I think they will support the relationship in terms of money. Thank you for the response! I really hope my friend gets past through this without too much problem.

Edited March 21, 2011 by iAllStar

[Kathryn41 3,205]

Canada's Immigration policy is much friendlier to spousal reunification than is the US's. Yes, there is a sponsorship agreement and undertaking that is signed by the sponsor with the Canadian Government, which includes ensuring that the sponsored immigrant does not seek any social, tax-based benefits and ensures that all of their daily needs (food, shelter, medical, dental, etc.) care is covered by the sponsor. The sponsorship is generally for a minimum of 3 years. All classes of family sponsorship require a specific level of income except for the spousal sponsorship. A spouse still has to complete the sponsorship agreement but is exempt from meeting the minimum amount:

you have an income that is at least equal to the minimum necessary income, the amount of which is published yearly by the Canadian government.

You will have to provide us with documents that show your financial resources for the past 12 months and prove you are financially able to sponsor members of the family class. You may solicit the help of a co-signer (must be your spouse or common-law partner). If you reside in Quebec, see also Sponsors living in Quebec.

This condition does not apply if you are sponsoring only

• your spouse, common-law or conjugal partner who has no dependent children, or
• your spouse, common-law or conjugal partner whose dependent children have no children of their own, or
• your dependent child who has no children of his or her own http://www.cic.gc.ca...ides/3900E2.asp

They should read over the instructions guide quoted above along with all of the forms. Canada is good in that all of the information and forms required are provided in one package. There is also a separate application form dependent on geographic location of the sponsored individual so the form would be different if she is applying from within the US or from the Philippines. It would be best for them to read both forms.

If the relationship is an honest one and they truly love each other and there are no other barriers (health, background check, etc.) then yes, they should be able to manage it. Canada does allow co-sponsorship as well, so if there is concern about her 'husband' not being able to guarantee her daily support, his family can also assist as co-sponsors.

Here is the link to the spousal sponsored immigration package. http://www.cic.gc.ca.../fc.asp#sponsor . Be sure that they read all of the information, including all of the forms and all of the instruction sheets carefully. That will help them with their decision.

Edited March 21, 2011 by Kathryn41

[Krikit 1,165]

Second question is, is it possible to marry an American citizen? how long before she can change her status to a citizen and without being questioned by the government.

She will not be able to adjust status by marrying an American during deportation proceedings.