How to present USA denial wisely on Canadian PR appication??
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Posted on: 27-08-08 10:06:33
Hello Friends,
I have been frequenting this forum lately and really appreciate the way strangers are helping each other with the immigration concerns. I too am hopeful about honest, wise feedback from all of you regarding my concern.
Can anyone advise on how to present a US I-140 Denial wisely on the Canadian Background declaration form where they ask \"whether your resident status has been denied in any country\"??. My resident status in US was denied last year as a result of I-140 denial for some reason as I had filed them concurrently. I am pursuing Canadian PR and wanted some intelligent feedback regarding the same. I request all of you to help me, if possible, in this regard. Thanks in advance.
Also does USA denial adversely impact Canadian PR prospects??
Quote:What reason - please be specific.
Originally posted by leo21873
My resident status in US was denied last year as a result of I-140 denial for some reason as I had filed them concurrently.
Also, filing permanent residency simultaneously in two countries does not make sense and either (and both) can deny your application.
By filing 140 in US, you are declaring your intention of making US your home country.
Then by filing PR immediately, you are doing the opposite.
Quote:Depends on the reason.
Also does USA denial adversely impact Canadian PR prospects??
If the reason is a past history of criminal conviction or immigration fraud, then yes, Canadian immigration can view that negatively and either deny your case or conduct extensive checks and interview.
If the denial was due to simultaneous filing of two PR applications in the US and Canada, then explain the same.
You can state that you have decided to make Canada your permanent home and also outline a plan of how you will go about getting a job and settling here.
If the reasons are more complicated or you are not sure, I would recommend you consult a certified immigration consultant/lawyer.
I can pass you a reference over PM if you are interested.
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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."
-- Rhett Butler in "Gone with the Wind"
I dont think I140 acceptance or denial matters for canadian immigration as long as ur visa status is valid..
I would not even bother to mention it in the canadian immigration forms..
U can simultaneously apply for PR/Green Card of USA/Canada/Australia or other countries..
but can only hold on to one of those at any given time..
Quote:
Originally posted by leo21873
Hello Friends,
I have been frequenting this forum lately and really appreciate the way strangers are helping each other with the immigration concerns. I too am hopeful about honest, wise feedback from all of you regarding my concern.
Can anyone advise on how to present a US I-140 Denial wisely on the Canadian Background declaration form where they ask \"whether your resident status has been denied in any country\"??. My resident status in US was denied last year as a result of I-140 denial for some reason as I had filed them concurrently. I am pursuing Canadian PR and wanted some intelligent feedback regarding the same. I request all of you to help me, if possible, in this regard. Thanks in advance.
Also does USA denial adversely impact Canadian PR prospects??
Quote:Who told you that?
Originally posted by dudewheresmycar
I dont think I140 acceptance or denial matters for canadian immigration as long as ur visa status is valid..
It does matter, esp. if it's for a criminal reason.
Quote:Really?
I would not even bother to mention it in the canadian immigration forms..
Even though there is a specific question asking that specific thing?
Even though CHC post where you apply will most likely check with US DHS on your previous history and status?
You would lie on your immigration application?
Quote:Sure, and all of them have every right to refuse you.
U can simultaneously apply for PR/Green Card of USA/Canada/Australia or other countries..
There is normally a specific question on immigration forms asking whether you have applied for any other country's permanent residency or not.
I assume you would simply not mention this minor detail that you have applied for 3 countries simultaneously?
-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."
-- Rhett Butler in "Gone with the Wind"
Quote:
Who told you that?
It does matter, esp. if it's for a criminal reason.
Criminal reasons anyway disqualify u from Canadian GC also..Even if u dont mention I140 .. it will comeup through police clearence check
Quote:
Really?
Even though there is a specific question asking that specific thing?
Even though CHC post where you apply will most likely check with US DHS on your previous history and status?
You would lie on your immigration application?
CHC will not check with US.. Without consent US will not reveal any immigration or other history. No such consent is given in the application.
Thats why they ask for criminal and backgroud checks from our side..
Quote:
Sure, and all of them have every right to refuse you.
There is normally a specific question on immigration forms asking whether you have applied for any other country's permanent residency or not.
I assume you would simply not mention this minor detail that you have applied for 3 countries simultaneously?
US GC process is a multi step process.. Until I thinkt the last step called adjustment of status or I485 u are not even considered a GC applicant for H1 or other immigration process..
Every body has a dark side.. I am sure U have revealed all ur illegal activities that were never caught, like evading taxes, bribing etc.
I am sure it will help immigration applications in a large way..
In immigration applications Irrelevant and unhelpful details are sometimes best ignored..
Quote:That doesn't mean you should hide that fact in your application.
Originally posted by dudewheresmycar
Criminal reasons anyway disqualify u from Canadian GC also..Even if u dont mention I140 .. it will comeup through police clearence check
Not disclosing facts, esp. when specifically asked, is almost immigration fraud.
If you don't mention it and it comes up in the FBI check, CHC will correctly assume that you lied on your application.
Quote:CHC performs its own checks, regardless of what you provide.
CHC will not check with US.. Without consent US will not reveal any immigration or other history. No such consent is given in the application.
Thats why they ask for criminal and backgroud checks from our side..
For example, even if we provide employment letter, they still call employers to verify employment in many cases.
That is why background and security checks take the longest in the application process.
If they simply went by what applicants provided, the PR process would take weeks and not years.
Quote:140 is a petition that leads to a GC.
US GC process is a multi step process.. Until I thinkt the last step called adjustment of status or I485 u are not even considered a GC applicant for H1 or other immigration process..
Do you think your claim will hold water that you haven't applied for US permanent status even though your employer has filed 140?
The only purpose of 140 is to get GC.
It's ok to have a pending 140 and still apply for PR, however, it's not ok to lie about it on your PR application and claim that US residency was never filed.
Isn't it safe to declare the facts rather than always living in the shadow of doubt that some day you may get caught?
-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."
-- Rhett Butler in "Gone with the Wind"
Quote:
That doesn't mean you should hide that fact in your application.
Not disclosing facts, esp. when specifically asked, is almost immigration fraud.
If you don't mention it and it comes up in the FBI check, CHC will correctly assume that you lied on your application.
LOL.. CHC does not run FBI check .. u send police clearence along with ur application..
Quote:
CHC performs its own checks, regardless of what you provide.
For example, even if we provide employment letter, they still call employers to verify employment in many cases.
That is why background and security checks take the longest in the application process.
If they simply went by what applicants provided, the PR process would take weeks and not years.
CHC verifies employment history only if it suspects fraud.. No such verification was done for me..
They suspected my last employment as i refused to get emp letter (I did not want emp to know i planned to migrate) so they just called me in for interview..
At which time i decided to approach employer for employment letter.. All was rosy in my interview..
Application process takes long time because of number of applicants and the amount of data they need to go over to validate authenticty of application.
If they suspect something they will call for interview or ask for additional details, not go chase FBI and call employers..
Quote:
140 is a petition that leads to a GC.
Do you think your claim will hold water that you haven't applied for US permanent status even though your employer has filed 140?
The only purpose of 140 is to get GC.
It's ok to have a pending 140 and still apply for PR, however, it's not ok to lie about it on your PR application and claim that US residency was never filed.
Isn't it safe to declare the facts rather than always living in the shadow of doubt that some day you may get caught?
I140 rejection is no shadow.. it is a fact that has no value in a Canadian PR application especially since it has already been rejected..
