Indian Students Applying for PR - PLZ HELP!

[Andrea Butterfly]

Dear All,

I have been reading posts on this board and I must say it looks very helpful, insightful and credible. I have a situation too and would appreciate it if you could take time out and give me some advice.

My husband Russell and I are Indians. Russell is into animation and is planning to take up a post graduate animation program in Canada for 1-2 years. I have been a Public Relations professional for the past 5 years and plan to take up a 1 yr PR program in Canada alongwith my husband. We plan to start studying in Fall 2007. Eventually we would like to immigrate to Canada.

A friend did the points assessment for us and said it would be best for me to apply for immigration as I have more work exp as compared to Russell ( I can get 74 points he says). I have some questions in this regard...

1) Russell's parents are US green card holders. Will this hamper him and me getting our Canadian study permits in any way?

2) Can both husband and wife get study permits or is it advisable for only one of them to apply?

3) Is it true that if one of the spouses has a study permit the other is legally eligible to work?

4) Should we apply for immigration from India right now ( say Sept 2006) and then apply for student visa early next year (June 2007)? Wont our student visas be rejected on the grounds that we have applied for Canadian immigration and are probable immigrants? Also wont the waiting period be too long?

5) A Canadian friend suggested that we first focus on getting our student permits and then apply for immigration from Buffalo, USA. From the posts on these boards I learnt that we would need to be in Buffalo when they call for the interview eventually. But do we need to personally go to Buffalo when we file the application too?

Please do take time out to help us with the information we need. Would be very obliged. Thanking you in anticipation.

Andrea

[jes2jes]

Hi Andrea!

A friend did the points assessment for us and said it would be best for me to apply for immigration as I have more work exp as compared to Russell ( I can get 74 points he says). I have some questions in this regard...

If this friend is a consultant then I will say he/her assessment is fine but how do you know this is true? Why don't you go online (www.cic.gc.ca) and take the assessment yourselves and ascertain how much points each of you would gain based on your credentials?

1) Russell's parents are US green card holders. Will this hamper him and me getting our Canadian study permits in any way?

This would not do any harm at all to your SP application. Your application is judged on its merits and its substance and not the immigration status of parents.

2) Can both husband and wife get study permits or is it advisable for only one of them to apply?

I don't know of any rule in the book which prevents this. Both you and Russell can apply for SP's so long as you have the funds to proof that and meet the requirements, then that would be fine and your intentions to study in CND is for that purpose study alone and not anything else. If you both don't have the required funds then one can apply and the other will go as a dependent. Who applies is your choice.

3) Is it true that if one of the spouses has a study permit the other is legally eligible to work?

I am not sure about this but you can check the website for this. I think you can work part-time if not at all but check this on CIC's website. Most countries have different laws so you are better off finding out first.

4) Should we apply for immigration from India right now ( say Sept 2006) and then apply for student visa early next year (June 2007)? Wont our student visas be rejected on the grounds that we have applied for Canadian immigration and are probable immigrants? Also wont the waiting period be too long?

I would say based on the current timelines of India you are better off waiting and apply through Buffalo if your SP is successful since it would be quicker for your PR process.

I don't think this can cause rejection so long as you can convice the IO that your intentions is to go study (refer to answer 1 above), this should not be an issue. Get your permit first and apply through Buffalo then. If your SP application is rejected then you have nothing to loose by applying through India.

5) A Canadian friend suggested that we first focus on getting our student permits and then apply for immigration from Buffalo, USA. From the posts on these boards I learnt that we would need to be in Buffalo when they call for the interview eventually. But do we need to personally go to Buffalo when we file the application too?

I have answered the first part of this question above.

When you apply through Buffalo and you are called for an interview then, yes, you would have to appear in the US for the interview and this is also subject to getting a B1/B2 visa from the US whilst in Canada.

You don't need to be in Buffalo to file the application. Most applications are filed by post although you can submit in person but postal applications are fine and prefered by CIC than in-person applicants for SW migration category and most applications that can be filed by post too.

Hope this is okay for you. Someone else would come up with a better alternative if I missed something. Good luck to you and Russell.

[Andrea Butterfly]

Thank you so much for all the information. Will be really useful to us.

yes the friend who did my points assessment is an immigration consultant. I think we will go with the Buffalo option like you recommended.

Thanks again

Andrea

[Andrea Butterfly]

Hi,

You mentioned a B1/B2 visa is required to go into US for the interviews if I apply from Buffalo. Arent these visas for business in USA? Does an immigration interview fall under the business category?

Assuming Russell and I would be on study permits or work permits in Canada when we are called for an interview to the Buffalo Consulate... Could you please share details on how can we go about this?

Andrea

[jes2jes]

If you read my post carefully, I stated B1/B2 visa. B1 is for Business Visitors and B2 is for holiday makers. I am posting the requirements for the B2 type if you do not qualify for the VWP (visa waiver program).

Yes, You are Russell will need B2 visa's to go for the interview in Bufallo but that is subject to you both meeting the criteria of the visa.
*************************************************************

B-2 Visa (Holiday visa)
In general, holiday makers traveling to the United States require valid B-2 visas. That is unless they are eligible to travel visa free under the Visa Waiver Program, or they are a national of a country which has an agreement with the United States allowing their citizens to travel to the United States without B-2 visas.

If you are not eligible to travel visa free, or are not a national of a country where B-2 visa requirements are waived, you will be required to apply for a visa before traveling.

All B-2 visa applicants, even children and babies listed in parents' passports are required to:

Complete the visa application form DS-156;

Pay a visa application fee;


Present a passport or other travel document valid for at least six months beyond the holder's period of stay in the United States with at least one blank page. If the passport is damaged, we recommend that you obtain a new passport before applying for the visa to avoid any delay in the processing of your application;

Provide one passport type photograph which meets State Department regulations;
and present evidence of

sufficient funds to cover all expenses while in the United States; and

evidence to show that the applicant has a residence abroad to which he/she intends to return at the end of the stay in the United States. This is generally established by evidence of family, professional, property, employment or other ties and commitments to some country other than the United States sufficient to cause the applicant to return there at the conclusion of his/her stay.


Issuance fees
Nationals of certain countries are required to pay an issuance fee in order for an approved visa to be issued. No fee is charged for the issuance of an B visa to a British citizen passport holder.



Additional processing requirements and information for the following:
males aged 16 to 45
nationals of North Korea, Cuba, Iran, Libya, Syria & Sudan
nationals of China, Northern Cyprus, Russia, Somalia & Vietnam
applicants who have a criminal conviction, are HIV positive, have a medical ineligibility, have been denied entry into or deported from the United States

What do I do next?
Applicants aged 14 to 79 are required to schedule an appointment for an interview.

Applicants under the age of 14 and those 80 and over may be eligible to apply for a visa by mail.

Important Notice: Visa applications are subject to a greater degree of scrutiny than in the past which means that in some instances visa applications are taking longer to process to conclusion than has been customary. You will be advised at the time of the interview if your application requires additional processing.

Reminder: We always recommend that individuals apply for visas well in advance of their proposed date of travel. No assurances regarding the issuance of visas can be given in advance. Therefore, final travel plans or the purchase of non refundable ticket should not be made until a visa has been issued and you are in receipt of the passport.

B-1 Visa - Business Visitors - There are various categories of visitors under this class but you do not require this for PR interwiew in Buffalo.

Good luck!

[Andrea Butterfly]

Thank you for all the info.

Can we apply for a B2 tourist visa from Canada (while we are on a study/ work permit) or do we have to be in India to apply for that?

I think it would be best for Russell and me to apply for a multiple entry visa into USA right now. They give a 10 year open tourist visa that way which allows one to stay in USA for 2-3 months at a time.

Would you also recommend this? But Russell's parents are US green card holders. I just hope that doesnt hamper us from getting tourist visas.

Thanks

Andrea

[jes2jes]

You can apply for B2 anywhere in the world (If you satisfy the residency conditions of the country in which you reside at the time of your application) and you meet the criteria listed earlier.

You can apply in India which would be the best option. If you have assets, jobs, children, family ties etc These are the factors which really determines the issuance of a visa. Remember that, the US govt do not want people to come and stay forever when the visit so they need to satisfy themselves that you have enough ties in your home country or country of residency to go back.

I can assure you that, they will ask about your husband's parents status but this should not affect the application in anyway unless they got it through foul means!!!!
If they are GC holders, why didn't they file for him? Was he too old for that?

You can apply for a tourist visa in Canada too but also subject to the same conditions above.

They give a 10 year open tourist visa that way which allows one to stay in USA for 2-3 months at a time.

No matter the length of your visa, you are allowed a maximum of 6 months to stay per every visit but that is dependent on the IO at the point of entry. It can be one week to 6 months based on how he/she judges what your stay is about.

[Andrea Butterfly]

Hi

Thanks again. Yes Russell's parents couldnt apply for him coz he was too old by then. So eventually they may try to sponsor us once they get their citizenship but thats too long a wait. Both of us are keen on Canadian immigration coz the industry is growing there with lots of opportunties.

I guess the parents green cards might pose a small problem but we will try to apply for a multiple entry US visa from India anyway. Lets see what happens. If they reject it here then I guess our only bet is to apply from Canada as and when we are called for an interview to Buffalo. And then we pray like crazy that we get it in time!

Thanks once again for all your help and guidance. I think this immigration board is one of the best I have come across on the net. Thanks once again

If I do make it to Canada I promise to post a lot of info/ experiences here for anyone else who might need it

Andrea

[jes2jes]

Andrea,
Nice to hear from you and glad everything has been of help. Just to air on caution as per this statement:

I guess the parents green cards might pose a small problem but we will try to apply for a multiple entry US visa from India anyway. Lets see what happens

Why don't you guys wait and have your CND student permits first then go for this? But if you think the above can be sorted out and fixed then go ahead whilst you have the means now (as discussed in the previous post).

Well, feel free to post your experiences during the process and eventually your landing experience. You have a long way to go but you have started on a good note. God willing, you will land as a PR somewhere in 2009/10 if all things go well.

Best wishes
Jes

[Andrea Butterfly]

Thanks Jes,

I considered your suggestion of waiting for the CDN student permits to happen and then apply to for US tourist visa. But the problem is I have heard that in India it would take anywhere between 3-6 months to get a US tourist visa interview date. And provided we get our student visas for Canada we wouldnt be around for that much time....

So I guess the choice is to either to apply now in India or get to Canada and apply from there when the immigration interview call comes.

Was wondering if you would know.... if say we get our canadian student permits next year and then apply for a US tourist visa...is there any way to request for faster processing on the grounds that we have to leave for canada for school soon and want the tourist visa before that? We have relatives in USA so we could reason that while in Canada we would like to visist our reletives in USA once in a while...Do you think this would work?

Andrea

[jes2jes]

Andrea,
I will try to answer your question to the best of my knowledge.

in India it would take anywhere between 3-6 months to get a US tourist visa interview date.

Guess the population of India has an effect on the appointment times compared to the manned staff at the US embassy so it is understandable.
You can make your appointment now then and apply when your time is up.

You can also apply for a US TV in CND when you go there as a student. Should help in a way but it is not a guarantee for issuance of visa. The conditions still for meeting the requirements would be there but I guess you would have an advantage over someone applying from India based on a lot of factors.

is there any way to request for faster processing on the grounds that we have to leave for canada for school soon and want the tourist visa before that?

IMHO No. I believe that, due to the appointment system this is not possible but there is room for emergencies eg. emergency medical treatment, sick relatives, funerals etc
Normal tourist visas as long as I know are not classified as such and therefore they always advise to apply for your visa well ahead of the time of travel.

They would even argue that since you are travelling to CND, apply for the visa when you get there.

If both of you are currently working, have family in India, have assets and other strong social ties, then you are better of applying in India whilst your chances are better than being a student in CND.

[Andrea Butterfly]

Thanks so much Jes. You have been extremely helpful. Thanks

[Andrea Butterfly]

Hi,

How are you doing?

Had two more queries... Assuming I apply from Buffalo, USA as the principle applicant, is it true that if and when the call for interview comes, both my husband and I need not go? Only I can go alone for the interview and represent our case?

Also, how much in advance do they notify you of the interview date? Basically I am trying to understand how much time will I safely have to apply for a tourist visa to the US to be able to make it for the interview?

Plz do let me know. Thanks

[jes2jes]

Hi Andrea!
Good to hear from you after a little break. I am doing great by God's grace. Thanks for asking (but I guess its for everyone too reading and posting a reply to your post )

Assuming I apply from Buffalo, USA as the principle applicant, is it true that if and when the call for interview comes, both my husband and I need not go? Only I can go alone for the interview and represent our case

It is case dependent. If you are migrating with your husband, then, CIC has the liberty to call him for interview as they wish. They might want to ask him a few questions as well. You can never tell. Most of the time, interviews are mainly for the principal applicant but I have read a lot of post where everyone on the application has been requested to attend the interview in some cases. I will make provision for that if I were you and if they ask for him then you are prepared and if they don't, you do not loose anything as well.

Also, how much in advance do they notify you of the interview date? Basically I am trying to understand how much time will I safely have to apply for a tourist visa to the US to be able to make it for the interview?

Most interview calls I have seen are for 3 months and above and some even 9 months but then as well it is case dependent. But I know for sure, they will give you enough notice to make travel plans to get to the interview location.

Hope this is fine.

[Andrea Butterfly]

Thanks so much. Thats was really helpful information.

And in my message I was greeting you only since you have always been kind enough to respond asap and clear all my doubts. Thanks

Take care!