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he might get arrested and deported, he will not go to prison, stop talking nonsense, fear mongering and false advice from ill informed people drives me mad
Overstaying a visa is not a crime in the US. While it is a misdemeanor to enter the US without being processed, it is not a crime to be in the US illegally
I am with Anna here. Staying illegally is not a crime. The worst is to be deported and never allowed to return. He won't go to prison for this - why would American taxpayers pay for that cost (not cheap) for someone who shouldn't be staying in the US? And while in prison, isn't the government extending his illegal stay in the US?
he has no problem getting a passport bcause he is a Canadian citizen and that's his right. The issue is he needs another photo ID to go with the passport.
That's incorrect. Him being a Canadian citizen means diddley-squat and certainly doesn't mean he has a right to have a passport. Being granted a passport is a privilege, not a right and there are many, many reasons for why a passport application can be rejected or an existing passport can be refused, revoked, cancelled or suspended.
Add to that, there have been recent changes and now, as of June 23, 2015 in cases involving national security and the prevention of terrorism offences, even the Minister of Public Safety and Emergency Preparedness now has the authority to determine whether to cancel, refuse to issue or revoke a passport.
The website below has all the reasons why Canadian passports may be refused or revoked.
he might get arrested and deported, he will not go to prison, stop talking nonsense, fear mongering and false advice from ill informed people drives me mad
Overstaying a visa is not a crime in the US. While it is a misdemeanor to enter the US without being processed, it is not a crime to be in the US illegally
EuropeanAnna do you have reading comprehension issues?? Did I say he will go to San Quentin for 15 years?? Or that he will be sent to the electric chair?? No.....he will be arrested and sent to an immigration detention center which I assure you is not a 5 star resort and he may have to spend more than a couple of days there before his paperwork will be processed.....no, technically is not a crime and he will not be sent to a criminal prison...we are talking semantics and technicality....for an average person a month or two of immigration detention center can be a VERY stressful experience.....so you are the one that has to stop talking nonsense and read properly before typing.....
So yes, sorry for the use of the term "jail"...replace it with "immigration detention center"....in practice is not a much more pleasant experience....
EuropeanAnna do you have reading comprehension issues?? Did I say he will go to San Quentin for 15 years?? Or that he will be sent to the electric chair?? No.....he will be arrested and sent to an immigration detention center which I assure you is not a 5 star resort and he may have to spend more than a couple of days there before his paperwork will be processed.....no, technically is not a crime and he will not be sent to a criminal prison...we are talking semantics and technicality....for an average person a month or two of immigration detention center can be a VERY stressful experience.....so you are the one that has to stop talking nonsense and read properly before typing.....
So yes, sorry for the use of the term "jail"...replace it with "immigration detention center"....in practice is not a much more pleasant experience....
There are hundreds of thousands illegal immigrants in the United States who get married every day to legalize their status. They do not end up in immigration centres, your anecdotal example is not helpful to the situation of OP, nor is it realistic. Chances of US immigration throwing a tax paying, law abiding Canadian into detention centre are slim to none.
To the OP, if you're still here and reading you should post on US immigration forum. You'll be advised what to do there by people who actually know what they're talking about.
There are hundreds of thousands illegal immigrants in the United States who get married every day to legalize their status. They do not end up in immigration centres, your anecdotal example is not helpful to the situation of OP, nor is it realistic. Chances of US immigration throwing a tax paying, law abiding Canadian into detention centre are slim to none.
Again, reading comprehension issues here...it seems that the OP cannot get married so no adjustment of status is possible at the moment...so if gives himself up chances of a detention period are pretty good.
That's incorrect. Him being a Canadian citizen means diddley-squat and certainly doesn't mean he has a right to have a passport. Being granted a passport is a privilege, not a right and there are many, many reasons for why a passport application can be rejected or an existing passport can be refused, revoked, cancelled or suspended.
Add to that, there have been recent changes and now, as of June 23, 2015 in cases involving national security and the prevention of terrorism offences, even the Minister of Public Safety and Emergency Preparedness now has the authority to determine whether to cancel, refuse to issue or revoke a passport.
The website below has all the reasons why Canadian passports may be refused or revoked.
I don't know how any of that is relevant to the OP's case. Does illegally staying in the US strip him the "privilege" of passports? No.
Yes. It very well could because of the length of time he was away. He's been out of the country as a persona non grata for 15 years and that's a long time. If he wants a passport he can't get a renewal on his very old expired passport, he has to get a new passport. To do that he must present himself in person in Canada to get a new Canadian passport. Once it's determined that he's been persona non grata out of the country illegally for 15 years his application for new passport can be denied because he's already demonstrated that he's an illegal immigration risk and will likely do it again. Governments won't grant passports to people that they know are illegal immigration risks to other countries.
Yes. It very well could because of the length of time he was away. He's been out of the country as a persona non grata for 15 years and that's a long time. If he wants a passport he can't get a renewal on his very old expired passport, he has to get a new passport. To do that he must present himself in person in Canada to get a new Canadian passport. Once it's determined that he's been persona non grata out of the country illegally for 15 years his application for new passport can be denied because he's already demonstrated that he's an illegal immigration risk and will likely do it again. Governments won't grant passports to people that they know are illegal immigration risks to other countries.
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Why do you assume the OP was persona non grata in Canada?? Do you even know what that means?? All the Canada Passport office asked for to issue him a passport was a current photo ID which the OP is unable to produce.
I did renew already twice my Canadian passport and in my application I had to simply state my current address which is in the US, Canada Passport never asked for proof of US residence rights, I could have been an illegal immigrant in the US for all they cared.
Why talking about things you have no knowledge of??
Zoisite, for your own knowledge, this is what persona non grata means and situations where this status when is applicable.
Yeah, yeah. I know what persona non grata means. It means somebody who is not welcome in another country. Guess what illegal immigrant means. It also means somebody who is not welcome in another country. Illegal immigrant = persona non grata.
The OP needs to present a current ID photo with his birth certificate to the passport office in Canada in person.
Unless you were absent from Canada for 15 years before renewing your passport your circumstances are not the same as the OP's so your experience is not relevant.
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