Results 1 to 2 of 2
  1. #1
    Join Date
    Jan 2011
    Posts
    1

    Question U.S. Student, Out of Status, Seeking Canadian Student Visa

    My case is considerably complicated so let me be precise.

    Upon my arrival to the U.S., my father brought me into his political asylum case which was ended in early 2009. However, but before it ended, my mom had my step-father petition for me as a US citizen. My case was brought down from the 9th circuit court of appeal to L.A. Superior court but the judge immediately denied the review and sent it back to BIA (Board of Immigration Appeals) for review. The dilemma is that my step-father has filed for a divorce late last year and was accepted. The dissolution of marriage will take effect in mid March, 2011. Hence, my application will fail inevitably. Last time we check with the BIA for the review status, it still says "Pending" for review.

    I will turn 21 by the end of this month and my mother will gain her citizenship a few days prior to my birthday.

    I am considering a few options:

    1) I would like to try to apply for the student visa to Canada to continue my education there; this is my year to transfer from a community college to a four-year institute.

    Question: How likely will it be for me be to granted with such visa?

    2) I'd have to get marriage to my girlfriend in order to stay and continue with my education.

    Question: Is this a considerably good option for the long run?

    3) To have my mom petition for my permanent resident with her own status.

    Question: How likely will be the success rate?

    I do have a permit to work and a SSN.

    I would love to hear from you of your insightful replies to these options.
    It is my dream to continue my education and later apply for a MD/PhD program, but most importantly, it is my dream to find a better treatment for patients than the invasive cancer treatments.

    Thanks all for your time.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: U.S. Student, Out of Status, Seeking Canadian Student Visa

    1. Ask Canadian immigration authorities or try a Canadian legal board. This is a U.S. board. On a related issue, Canada does not apply U.S. immigration laws, so if you qualify for a student visa your immigration history in the U.S. probably won't affect you.

    2. If you're marrying for status, not for love, then it's not a good idea. Beyond that, do your parents think she's a nice girl? Do you? We're not the people to be asking about matters of the heart.

    3. I don't have enough context to answer. Given that you've been involved in appeals, both administrative and to the courts, I would expect that there's at least one immigration lawyer who is familiar with the details of your case and who will be well-positioned to answer your question.

    If you have a work permit and SSN, should we infer that you presently have some form of legal status of some sort?

    1. Sponsored Links
       

Similar Threads

  1. DV Visa Lottery: Can an F-1 Student Change Status to Immigrant Status Through Visa Lottery
    By Farhan in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 02-05-2011, 02:33 PM
  2. Marriage: U.S. Citizen Seeking To Understand Impact Of Marrying An International Student In USA
    By greenguy38 in forum Visas for Business, Tourism and Family
    Replies: 8
    Last Post: 03-13-2008, 12:05 PM
  3. F Visas: Out Of Status on an F1 Visa Due to Fraud By the International Student Advisor
    By F1deep in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 11-16-2007, 08:27 AM
  4. Seeking Information on Legalizing Student Brother
    By buick0789 in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 09-18-2007, 09:07 PM
  5. F Visas: Admission of out of status student
    By djb in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 09-01-2006, 08:12 AM
 
 
Sponsored Links

Legal Help, Information and Resources