Brazilian mother on Can. Student permit with american/brazilian child

[MaisBrazil]

I have a question if anyone has suggestions:
We are an agency in Brazil with a Brazilian woman who is accepted to a 3yr Intanational Business college COOP program in Toronto, Canada. She will not go without her husband and child.

The wife/mother is Brazilian. She previously did 3 yrs in US, had baby there, and is in possession of a valid green card.
The husband/father is Brazilian and initially went to US on a tourist visa and outstayed. They married in the US and do NOT yet have a Brazilian marriage cert (are not legally married in Brazil)
The child was born on US territory and is both Braziilan and American, with both passports valid.

Mom is enrolling in a COOP program and the plan is to attempt a student permit with work permit for her, a work permit for husband, and whatever visa necessary/best for daughter.

What would be the best route for these visas?
*Apply together? (Technically he outstayed his stay in US, but mom and daughter were legal...will Canadian consulate deny his visa?)
*Apply mom first and husband and/or daughter later?
*Daughter apply as Brazilian or as American citizen? (assuming one might be more difficult or more involved than the other)

and any other suggestions? Reminder: we are located in Brazil. Thanks!!

 

[scylla]

The husband will likely be denied due to his US overstay (especially if he is still in the US now). If the wife will not go without her husband, then they should probably apply together and hope for the best.

 

[MaisBrazil]

Thank you, Scylla.
I hope he doesn´t get denied We´ll do our best and see what comes of it. They are all residing here in Brazil now and have been here almost a year since their departure from the US.

 

[scylla]

Exactly how long did he overstay in the US?

 

[mead]

I have a question if anyone has suggestions:
We are an agency in Brazil with a Brazilian woman who is accepted to a 3yr Intanational Business college COOP program in Toronto, Canada. She will not go without her husband and child.

The wife/mother is Brazilian. She previously did 3 yrs in US, had baby there, and is in possession of a valid green card.
The husband/father is Brazilian and initially went to US on a tourist visa and outstayed. They married in the US and do NOT yet have a Brazilian marriage cert (are not legally married in Brazil)
The child was born on US territory and is both Braziilan and American, with both passports valid.

Mom is enrolling in a COOP program and the plan is to attempt a student permit with work permit for her, a work permit for husband, and whatever visa necessary/best for daughter.

What would be the best route for these visas?
*Apply together? (Technically he outstayed his stay in US, but mom and daughter were legal...will Canadian consulate deny his visa?)
*Apply mom first and husband and/or daughter later?
*Daughter apply as Brazilian or as American citizen? (assuming one might be more difficult or more involved than the other)

and any other suggestions? Reminder: we are located in Brazil. Thanks!!

difficult situation.
will the daughter apply for study permit too? as if mother is on study visa daughter would need a study visa for school. Husband overstayed so his case is very difficult. DO double check before deciding anything but i think mother to apply for study visa and take daughter as she wont need visa for 90 day i believe(not completely sure do verify). husband takes a chance later on.

 

[MaisBrazil]

Thanks folks...
So daughter is 4yrs old and doesn´t yet go to school. The college apparently has a daycare for students but haven´t looked into anything further. I suppose it might be possible after she turns 5 to try to change her status as a school-aged child if necessary?
Dad/husband overstayed approx 3 1/2 to 4 years and all three of them returned to Brazil a year ago (he was not deported). Also, his passport expired and he recently got a new one.
Again, mom and child were legal as mom has current valid green card and child was born on US territory.

Apparently they will be getting married next week here in Brazil (married 4 yrs ago in USA) so as to hopefully aid in the process...otherwise they´d have to prove commonlaw marriage.

 

[scylla]

The husband has a ten year ban from entering the US due to his overstay. It doesn't matter if he was deported or not - he has the ban all the same (it also doesn't matter that he has a new passport). Again, they can by all means try applying for the visa to Canada. However I think the husband's overstay is going to create challenges. Given he abused his visa privileges in the US, CIC will quite likely assume he may do the same in Canada.

 

[Aman.ghafar]

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