Overstayed Visa in USA on a C1D visa

[sunny80]

Hello All,

I am from India and I worked in a cruise liner for about 1 year on a C1D visa and after that I went to work on land in the same visa which was not legal,in hope of applying for a new visa. But that didn't happen and while staying in US I had two separate misdemeanors(that was 8 years ago) although I was not convicted. I stayed in US for about 6 years and then I came back to India. its been three years now and I want to apply for Canadian PR with my wife. My question is : can I apply for Canada, since I overstayed my visa in US and also for the FBI clearance will I get a clean record or will it show my prior charge sheet even though I was not convicted. All help will be appreciated . Thanks...

 

[on-hold]

Everything I say here is provisional and more knowledgeable people will correct it if I'm wrong. As I understand it:

- CIC doesn't care about immigration violations in other countries. I don't think that being out of status in the States will affect you; remember that this is a civil, not a criminal, offense.

- I'm not sure whether being arrested for a misdemeanor will show up on an FBI record, particularly if there was no conviction; but I'm pretty sure that the question on CIC's form will ask you if you have been arrested, too. It also depends what the misdemeanor is; urinating in public is probably better than a DUI, or repeatedly driving without insurance. You could write to the courthouse where this took place and get a copy of your case file, it might help.

- However, these might very well show up on the state police certificate.


Personally, without knowing any more details than these, I doubt that they'll stand in your way.

 

[sunny80]

Thanks Hero,

I am gonna hire a lawyer through a friend in USA and see if this could be expunged. If it could be, then I would take that course and would apply for a PCC. I just want to be safe and sure before I actually apply for the PR in Canada. I know its the long way but if worse comes to worse, at least I can guide some one else. Many thanks for the reply....

 

[sk47458]

Hello all ,

I have a valid C1D visa and i wprk for a ship . Now iam on my vacation and i tried for a land based job in canada and i got a job lmia and the workpermit . Now my question is can i fly to canada by just getting a eta since i have a C1D visa or should i appy for a temporary travel visa . Please some one who knows about this answer me thanks

 

[Don'tWorryBeefCurry]

Hello all ,

I have a valid C1D visa and i wprk for a ship . Now iam on my vacation and i tried for a land based job in canada and i got a job lmia and the workpermit . Now my question is can i fly to canada by just getting a eta since i have a C1D visa or should i appy for a temporary travel visa . Please some one who knows about this answer me thanks

If anyone has an answer to this, I would love to know too. My wife (whom) I am sponsoring Outland has a C1D visa as well.

 

[LifeDreamer]

Hello All,

I am from India and I worked in a cruise liner for about 1 year on a C1D visa and after that I went to work on land in the same visa which was not legal,in hope of applying for a new visa. But that didn't happen and while staying in US I had two separate misdemeanors(that was 8 years ago) although I was not convicted. I stayed in US for about 6 years and then I came back to India. its been three years now and I want to apply for Canadian PR with my wife. My question is : can I apply for Canada, since I overstayed my visa in US and also for the FBI clearance will I get a clean record or will it show my prior charge sheet even though I was not convicted. All help will be appreciated . Thanks...

You are clear to apply for a permanent visa, but not a temporary resident visa because of your immigration record in the US. Your misdemeanors may or may not be a problem depending on what you were charged with and how you define not convicted, I cannot give you a straight answer without knowing the exact details of your cases.

The FBI rap sheet is a hit-and-miss and really depends on your luck and how friendly or aggressive your jurisdiction was. Some individuals arrested for serious crimes have a clear record while others arrested for petty offenses such as drinking in public do have a record in the FBI. Also, for some people the record is created the same day they were arrested while others continue to have a clear record for years or even decades before they were actually sent to FBI. In all cases, the sheet almost never indicate the outcome of your case it just lists your original charges even if some were dropped or later changed to something else.

 

[LifeDreamer]

Thanks Hero,

I am gonna hire a lawyer through a friend in USA and see if this could be expunged. If it could be, then I would take that course and would apply for a PCC. I just want to be safe and sure before I actually apply for the PR in Canada. I know its the long way but if worse comes to worse, at least I can guide some one else. Many thanks for the reply....

Your record will still be visible to IRCC and you still have to disclose the arrest on your application, expunged or not. Also, expungement in many states does not deal with FBI records, only local and state records might be sealed.

However to be fair, expungement has been shown to overcome the inadmissibility problem for many people or without having to go through rehabilitative motions. It depends on how strict the standards for expungement are in your state and how powerful is the effect. Usually if the expungement results in striking the FBI record or amending charges to indicate dismissal it is regarded by IRCC as not being convicted.