Miami, FL asked in Immigration Law for Florida

Q: Canadian visa expired. Dad was suppose to file for me but passed away last year.

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: I'm so sorry to hear about the loss of your father. Dealing with an expired visa after losing a parent must be very difficult. Here are a few suggestions for how to handle your situation:

Contact Immigration, Refugees and Citizenship Canada (IRCC) immediately to explain the circumstances. Be proactive in reaching out to them. You may need to file for an extension or change of status given the expiration of your current visa. The death of the family member who was sponsoring you could be a extenuating circumstance.

Gather documentation related to your father's passing (death certificate, obituary, etc.) as you may need to provide this to IRCC as part of your explanation. Also collect any paperwork or receipts showing your father had started the visa renewal process for you prior to his death.

Consider consulting with an immigration lawyer who can advise you on the best path forward given the details of your case. They can help you file the proper forms and extensions. Many offer free initial consultations.

If your visa has a 90-day grace period after expiration, be sure to take action within that window. If it has been longer, definitely contact IRCC right away to discuss next steps and avoid issues with unlawful presence.

See if you have other family members who could potentially file paperwork to sponsor your visa renewal in place of your father. The lawyer can advise if this is a possibility.

Again, I'm terribly sorry for your loss. I hope you are able to resolve the immigration issues so you can focus on celebrating your father's memory.

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