Canadian Citizenship Application with Arrest Record from FBI, any chance for me?

[naten]

I just ordered a FBI PCC for myself and found out that I was being charged for inadmissibility under section 212 (I never admitted the crime). I entered US using an expired US visitor visa and was fingerprinted at CBP port. I was not aware of that since they actually let me in the country and I booked my own flight home a week after the incident.
Now I am due for the citizenship application next month and worried this may affect my application. Any insights would be welcomed.
Thanks everyone.

 

[iceman55]

I just ordered a FBI PCC for myself and found out that I was being charged for inadmissibility under section 212 (I never admitted the crime). I entered US using an expired US visitor visa and was fingerprinted at CBP port. I was not aware of that since they actually let me in the country and I booked my own flight home a week after the incident.
Now I am due for the citizenship application next month and worried this may affect my application. Any insights would be welcomed.
Thanks everyone.

Was your visa facially invalid at the time of entry? Was it a oversight on your part you didn't look at the date printed on the visa or were you planning to use some valid provision that allows you entry with an expired visa? Just curious.

I don't have a lot of info from IRCC perspective but given that it's not a violent crime or a DUI of sorts it's likely to be treated less seriously than those, may be a letter of explanation could help.

What was the admit until date on the CBP stamp for that entry? If they gave you a valid admit until date, did you leave before that date? Did you leave voluntarily at the end of the stay? All these facts could be part of your LoE if they favor your case.

On the other hand if the record itself is a mistake, FBI has a procedure to rectify it. DO NOT use this if in fact it was a immigration violation. Instead try to talk to a US immigration attorney and file for a waiver. Could be done in parallel, if you get a favorable decision there, you can then update IRCC during any interview or as they process your citizenship application. A waiver could also help your future entries into the US.

Good luck and curious to see what others have to say.

 

[naten]

Was your visa facially invalid at the time of entry? Was it a oversight on your part you didn't look at the date printed on the visa or were you planning to use some valid provision that allows you entry with an expired visa? Just curious.

I don't have a lot of info from IRCC perspective but given that it's not a violent crime or a DUI of sorts it's likely to be treated less seriously than those, may be a letter of explanation could help.

What was the admit until date on the CBP stamp for that entry? If they gave you a valid admit until date, did you leave before that date? Did you leave voluntarily at the end of the stay? All these facts could be part of your LoE if they favor your case.

On the other hand if the record itself is a mistake, FBI has a procedure to rectify it. DO NOT use this if in fact it was a immigration violation. Instead try to talk to a US immigration attorney and file for a waiver. Could be done in parallel, if you get a favorable decision there, you can then update IRCC during any interview or as they process your citizenship application. A waiver could also help your future entries into the US.

Good luck and curious to see what others have to say.

I was an oversight from my end but I didn't know they would submit the charge to FBI. It was not a mistake because the visa actually ended a month before I entered so I dont know if I could ask FBI to rectify it. I actually attended the B1B2 visitor visa and was denied due to lack of non-immigrant intent not inadmissible.
There was no stamp as they held my passport for secondary verification; I went to the appointment and got my passport back after telling them I would voluntarily leave the country.
Do you think my Canadian citizenship would be fine with these facts?

 

[iceman55]

Do you think my Canadian citizenship would be fine with these facts?

Kinda strange it was marked as an arrest. Not sure if all US immigration detentions are considered arrests. Doesn't appear to be a serious violation if this is everything. As long as you have no criminal history and you make a detailed case to IRCC this was a genuine mistake, I don't think this would be a huge issue. Especially if you were a frequent visitor to the US, this should be understandable.

Did you check your I 94 records on the website? What does it say?

 

[armoured]

I just ordered a FBI PCC for myself and found out that I was being charged for inadmissibility under section 212 (I never admitted the crime). I entered US using an expired US visitor visa and was fingerprinted at CBP port.

That part of the US immigration act lists the classes of aliens who are inadmissible - it doesn't tell you what the underlying 'charge' is.

My read would be that depending on what the text of your report says - and if it reflects exactly what you've described - there's no underlying 'criminal' charge involved.

Why would be? Because I'm not a lawyer and only reading and interpreting. I seriously doubt there's an issue (again, depending on the facts and the text in the above), but to get full confirmation, might have to speak to a lawyer.

 

[Jakke]

I just ordered a FBI PCC for myself and found out that I was being charged for inadmissibility under section 212 (I never admitted the crime). I entered US using an expired US visitor visa and was fingerprinted at CBP port. I was not aware of that since they actually let me in the country and I booked my own flight home a week after the incident.
Now I am due for the citizenship application next month and worried this may affect my application. Any insights would be welcomed.
Thanks everyone.

When I applied for PR, I had forgotten an arrest that I had after a drunken night of mayhem in my youth. I really panicked when I eventually got the police records. I quickly wrote an explanatory letter to IRCC, apologizing for the oversight They basically said "Thank for lettings us know as soon as you recalled. Since there was no conviction, all is good".

My advise you would be to clearly include information on your case when applying. From what I can tell, trying to hide things is seen as worse.

 

[naten]

When I applied for PR, I had forgotten an arrest that I had after a drunken night of mayhem in my youth. I really panicked when I eventually got the police records. I quickly wrote an explanatory letter to IRCC, apologizing for the oversight They basically said "Thank for lettings us know as soon as you recalled. Since there was no conviction, all is good".

My advise you would be to clearly include information on your case when applying. From what I can tell, trying to hide things is seen as worse.

did the arrest show in your police record?

 

[naten]

That part of the US immigration act lists the classes of aliens who are inadmissible - it doesn't tell you what the underlying 'charge' is.

My read would be that depending on what the text of your report says - and if it reflects exactly what you've described - there's no underlying 'criminal' charge involved.

Why would be? Because I'm not a lawyer and only reading and interpreting. I seriously doubt there's an issue (again, depending on the facts and the text in the above), but to get full confirmation, might have to speak to a lawyer.

that was all it says: Charged-Alien Inadmissibility under section 212.
You think I should wait until after 4 years to apply?

 

[i6evx5e8]

It may not be a crime, because 'entry denied' is not usually a crime.
But, as we as common people will never know specific clauses, please check with a professional.

However one point, if you hide any immigration related details (I know you will not hide), IRCC will know anyway.

 

[Jakke]

did the arrest show in your police record?

Yes, it did.

 

[naten]

Yes, it did.

Do you need to submit that police record for your citizenship application as well?

 

[naten]

It may not be a crime, because 'entry denied' is not usually a crime.
But, as we as common people will never know specific clauses, please check with a professional.

However one point, if you hide any immigration related details (I know you will not hide), IRCC will know anyway.

I can provide my own LOE to explain the situation if needed. I just wonder whether I should wait until the 4 year mark is gone to apply then I won't need to.

 

[Jakke]

Do you need to submit that police record for your citizenship application as well?

I did not, and the IRCC has processed my application to Oath level without asking about it.

 

[i6evx5e8]

I can provide my own LOE to explain the situation if needed. I just wonder whether I should wait until the 4 year mark is gone to apply then I won't need to.

You may not need to mention, but they will know - that was my whole point.

 

[armoured]

that was all it says: Charged-Alien Inadmissibility under section 212.
You think I should wait until after 4 years to apply?

Agree with above that if you are concerned, check with a professional, i.e. a lawyer.

I don't think so but [see caveats about not experts, free advice, etc.]