Application of work permit in New York

[mrdcg]

Hi. I'm under the live in caregiver program in Canada. I didn't finish yet the 24 months and out of status now. I have a positive LMIA and tried to apply for a new work permit but was refused. Can I apply for a new work permit in New York while I am in Canada and out of status? thank you.

 

[scylla]

How long have you been out of status? Are you still within the 90 day restoration period?

If you are still within the 90 days - then you can apply for restoration along with your work permit. If you are past the 90 days, you have to leave Canada and apply for the work permit from outside of Canada.

 

[mrdcg]

How long have you been out of status? Are you still within the 90 day restoration period?

If you are still within the 90 days - then you can apply for restoration along with your work permit. If you are past the 90 days, you have to leave Canada and apply for the work permit from outside of Canada.

My restoration of status was refused for the reason that i submitted it passed 90 days. I seek help from an immigration consultant and suggested that i submit my application in New York since i still have a positive LMIA, but my worry is, i dont have any status right now. thank you for your response

 

[scylla]

My restoration of status was refused for the reason that i submitted it passed 90 days. I seek help from an immigration consultant and suggested that i submit my application in New York since i still have a positive LMIA, but my worry is, i dont have any status right now. thank you for your response

You can't apply for anything while you are physically in Canada since you are out of status and past the 90 days. It's too late for that. Your only option is to leave Canada and apply for the work permit again through the visa office responsible for your home country once you are outside of Canada. So your first step is to leave Canada. I would leave as soon as you possibly can if you want the highest chance of the work permit being approved.

 

[mrdcg]

You can't apply for anything while you are physically in Canada since you are out of status and past the 90 days. It's too late for that. Your only option is to leave Canada and apply for the work permit again through the visa office responsible for your home country once you are outside of Canada. So your first step is to leave Canada. I would leave as soon as you possibly can if you want the highest chance of the work permit being approved.

My partner is applying for permanent resident now and we're planning to get married once she got her PR card. Can she sponsor me even though i have no legal status? We cannot get married back home as we don't have same sex marriage in my country. I'm so lost right now.