PCC from USA

[sinde]

hi
i have been to USA in 2010 on B1 visa....after couple of months changed my status to F1 status while i was finishing my last semester in the college my sevis got terminated ICE issued me a NTA(notice to appear) Judge gave me time to prove my charges and the case was in pending in the court for almost 2 years mean while i finished my course later i decided to take voluntary departure and judge issued me removal proceeding and gave me 60 days time to leave the country. collected my passport from ICE by showing my travelling documents and left the country.
now i'm planning to apply for Canada PR so one of the document i need to submit is PCC from USA so i applied for PCC and got PCC report .finger print report say i have a arrest data in FBI and mentioned Charge 1 - Deportable alien what does it mean...?
am i not eligible for Canada PR..? should i drop applying for PR..?
Deportable alien is it a crime..??
if i'am eligible what exactly i need to do..?
If some one expert in this issue please help me with your valuable suggestions

 

[crescent_jam]

hi
i have been to USA in 2010 on B1 visa....after couple of months changed my status to F1 status while i was finishing my last semester in the college my sevis got terminated ICE issued me a NTA(notice to appear) Judge gave me time to prove my charges and the case was in pending in the court for almost 2 years mean while i finished my course later i decided to take voluntary departure and judge issued me removal proceeding and gave me 60 days time to leave the country. collected my passport from ICE by showing my travelling documents and left the country.
now i'm planning to apply for Canada PR so one of the document i need to submit is PCC from USA so i applied for PCC and got PCC report .finger print report say i have a arrest data in FBI and mentioned Charge 1 - Deportable alien what does it mean...?
am i not eligible for Canada PR..? should i drop applying for PR..?
Deportable alien is it a crime..??
if i'am eligible what exactly i need to do..?
If some one expert in this issue please help me with your valuable suggestions

For legal issues such as these, we normally recommend that people seek the counsel of an immigration attorney, as most of us here are not legally trained.

However, if you're positive you want feedback from the members of this forum, you may need to give us more information. As far as I understand it (and I could be wrong), before the Trump administration anyway, visitors to the US were not normally stripped of their visas, or called in regarding their immigration status, or asked to leave the country, unless something else happened to trigger these actions...

What exactly triggered your 'notice to appear'? Were you arrested for something else?

Also, you mention that you were in the US on a visitor's visa, and then changed your status to a student visa 'while you were finishing your last semester of college', which would imply that you commenced your studies under a visitor's visa (and probably overstayed, since visitor's visas only accommodate a 6-month visit at a time)? Was this the reason why? Because you enrolled for studies without the proper visa behind it, and/or overstayed your visitor's visa?

Common consensus on this forum is that Canadian PR applications generally won't be denied for having a history of overstaying a visa in another country, but if there is more to your story than that, it may have implications...

 

[mgnlky]

I would suggest you consult an immigration attorney.

 

[sinde]

For legal issues such as these, we normally recommend that people seek the counsel of an immigration attorney, as most of us here are not legally trained.

However, if you're positive you want feedback from the members of this forum, you may need to give us more information. As far as I understand it (and I could be wrong), before the Trump administration anyway, visitors to the US were not normally stripped of their visas, or called in regarding their immigration status, or asked to leave the country, unless something else happened to trigger these actions...

What exactly triggered your 'notice to appear'? Were you arrested for something else?

Also, you mention that you were in the US on a visitor's visa, and then changed your status to a student visa 'while you were finishing your last semester of college', which would imply that you commenced your studies under a visitor's visa (and probably overstayed, since visitor's visas only accommodate a 6-month visit at a time)? Was this the reason why? Because you enrolled for studies without the proper visa behind it, and/or overstayed your visitor's visa?

Common consensus on this forum is that Canadian PR applications generally won't be denied for having a history of overstaying a visa in another country, but if there is more to your story than that, it may have implications...

i have joined in the college after change of my status from B1 to F1 i have applied student visa on Northern Virginia University I-20...,but later once i got F1 Visa status i have changed my college to southern new Hampshire university. when i'am finishing my final semester i.e after 1 year 3 months almost done with 3 semesters i got to know my sevis was terminated that means my visa was cancelled.Homeland security inquired about me with my college DSO and i got to know from my college DSO that my sevis was terminated and i need to report to homeland security......i went to homeland security and they inquired me and finally told me that i have violated F1 visa status and issued me NTA(Notice to appear)

what Mentioned in NTA :

In removal proceedings under section 240 of the Immigration and National Act:

You have been admitted to the United States, but are removable for the following reasons Below.

1.you are not a citizen and national of the united states
2.you are a citizen and national of the india
3.you are admitted to the united states at newark, new jersey on or about December 17,2010 as a B1/B2 non-immigrant.
4.on August 1,2011 your non-immigrant status was adjusted to F1 student
5.you have failed to maintain your status , to wit: your F1 student status was terminated in sevis on june 5, 2012.

these are the above reasons mentioned in NTA later i applied reinstatement from the college and my college DSO also gave a letter that i'am regular to the college and maintaining good GPA and DSO also mentioned why my status was terminated and mentioned that i was aware about it.

later i finished my course and my case was pending in the court after few years i asked for voluntary departure judge issued me removal proceedings and asked me to leave in 60 days .i have produce my travel documents to ICE and left the country with in 60 days .

i have all the documents with me NTA..Court Documents etc...etc

is it a criminal offence...?
can i still eligible for canada PR...or should i drop my hopes for canada PR...?
please give me your valuable suggestions and help me with your good advise how to proceed further....

 

[sinde]

I would suggest you consult an immigration attorney.

Immigration Attroney Canada..??
i live in india how to contact immigration attroney canada...?
do you know any best immigration attorney to consult from india
can you pls help me out

 

[crescent_jam]

i have joined in the college after change of my status from B1 to F1 i have applied student visa on Northern Virginia University I-20...,but later once i got F1 Visa status i have changed my college to southern new Hampshire university. when i'am finishing my final semester i.e after 1 year 3 months almost done with 3 semesters i got to know my sevis was terminated that means my visa was cancelled.Homeland security inquired about me with my college DSO and i got to know from my college DSO that my sevis was terminated and i need to report to homeland security......i went to homeland security and they inquired me and finally told me that i have violated F1 visa status and issued me NTA(Notice to appear)

what Mentioned in NTA :

In removal proceedings under section 240 of the Immigration and National Act:

You have been admitted to the United States, but are removable for the following reasons Below.

1.you are not a citizen and national of the united states
2.you are a citizen and national of the india
3.you are admitted to the united states at newark, new jersey on or about December 17,2010 as a B1/B2 non-immigrant.
4.on August 1,2011 your non-immigrant status was adjusted to F1 student
5.you have failed to maintain your status , to wit: your F1 student status was terminated in sevis on june 5, 2012.

these are the above reasons mentioned in NTA later i applied reinstatement from the college and my college DSO also gave a letter that i'am regular to the college and maintaining good GPA and DSO also mentioned why my status was terminated and mentioned that i was aware about it.

later i finished my course and my case was pending in the court after few years i asked for voluntary departure judge issued me removal proceedings and asked me to leave in 60 days .i have produce my travel documents to ICE and left the country with in 60 days .

i have all the documents with me NTA..Court Documents etc...etc

is it a criminal offence...?
can i still eligible for canada PR...or should i drop my hopes for canada PR...?
please give me your valuable suggestions and help me with your good advise how to proceed further....

Hi sinde,
Thanks for the information but, as mentioned, since I'm not an Immigration attorney, I really have no idea if this would be considered a criminal offence under Canadian law. The best thing to do is consult an Immigration attorney; we have a resource on this forum named @legalfalcon but, because he's such a valuable resource, he's bombarded with questions on a daily basis, and may not be able to provide you with advice right away. Still you can try reaching out to him if you want.

 

[mgnlky]

Immigration Attroney Canada..??
i live in india how to contact immigration attroney canada...?
do you know any best immigration attorney to consult from india
can you pls help me out

I would suggest using google and reaching out via email.

 

[legalfalcon]

i have joined in the college after change of my status from B1 to F1 i have applied student visa on Northern Virginia University I-20...,but later once i got F1 Visa status i have changed my college to southern new Hampshire university. when i'am finishing my final semester i.e after 1 year 3 months almost done with 3 semesters i got to know my sevis was terminated that means my visa was cancelled.Homeland security inquired about me with my college DSO and i got to know from my college DSO that my sevis was terminated and i need to report to homeland security......i went to homeland security and they inquired me and finally told me that i have violated F1 visa status and issued me NTA(Notice to appear)

what Mentioned in NTA :

In removal proceedings under section 240 of the Immigration and National Act:

You have been admitted to the United States, but are removable for the following reasons Below.

1.you are not a citizen and national of the united states
2.you are a citizen and national of the india
3.you are admitted to the united states at newark, new jersey on or about December 17,2010 as a B1/B2 non-immigrant.
4.on August 1,2011 your non-immigrant status was adjusted to F1 student
5.you have failed to maintain your status , to wit: your F1 student status was terminated in sevis on june 5, 2012.

these are the above reasons mentioned in NTA later i applied reinstatement from the college and my college DSO also gave a letter that i'am regular to the college and maintaining good GPA and DSO also mentioned why my status was terminated and mentioned that i was aware about it.

later i finished my course and my case was pending in the court after few years i asked for voluntary departure judge issued me removal proceedings and asked me to leave in 60 days .i have produce my travel documents to ICE and left the country with in 60 days .

i have all the documents with me NTA..Court Documents etc...etc

is it a criminal offence...?
can i still eligible for canada PR...or should i drop my hopes for canada PR...?
please give me your valuable suggestions and help me with your good advise how to proceed further....

Being in a removal proceedings is not an criminal offence under the IRPA, and will not impact your Canadian PR application. However, your processing will be delayed until the final decision of your § 240 INA proceedings, or until you voluntarily depart, if you so chose to do so. In your Canadian PR application, you will have to explain this, but will not be a factor in deciding your application.

 

[sinde]

Being in a removal proceedings is not an criminal offence under the IRPA, and will not impact your Canadian PR application. However, your processing will be delayed until the final decision of your § 240 INA proceedings, or until you voluntarily depart, if you so chose to do so. In your Canadian PR application, you will have to explain this, but will not be a factor in deciding your application.

I took a voluntary departure & left the country as soon as the judge order me removal proceedings and gave me 60 days time i left the country with in 60 days right now i’am in india.
Recently i got OINP notification to accept it i’am getting ready with the documents so one of the document i need to provide PCC from USA...., applied PCC and recently got a report in the report it is mentioned i have an arrest data in the FBI charge 1 : Deportable Alien
So my case is not an criminal offence..??
Do i need to submit all the documents like NTA...Voluntary Departure...etc etc along with PCC USA and an explanation letter with it will be fine or do i still need to do some more additional work......is it better to hire annbest immigration attroney from canada to do all the paper work or shall proceed by my own...
What do you suggest..?
Please advice me

 

[sinde]

I would suggest using google and reaching out via email.

 

[sinde]

Thank you so much sir for your valuable time i appriciate your advice

 

[sinde]

Thank you so much for your valuable time i appriciate your advice

 

[sinde]

Thank you so much for your valuable time i appriciate your advice

Hi sinde,
Thanks for the information but, as mentioned, since I'm not an Immigration attorney, I really have no idea if this would be considered a criminal offence under Canadian law. The best thing to do is consult an Immigration attorney; we have a resource on this forum named @legalfalcon but, because he's such a valuable resource, he's bombarded with questions on a daily basis, and may not be able to provide you with advice right away. Still you can try reaching out to him if you want.

 

[sinde]

Ok I will google and email them...Thank you so much for your valuable time i appriciate your advice

 

[legalfalcon]

I took a voluntary departure & left the country as soon as the judge order me removal proceedings and gave me 60 days time i left the country with in 60 days right now i’am in india.
Recently i got OINP notification to accept it i’am getting ready with the documents so one of the document i need to provide PCC from USA...., applied PCC and recently got a report in the report it is mentioned i have an arrest data in the FBI charge 1 : Deportable Alien
So my case is not an criminal offence..??
Do i need to submit all the documents like NTA...Voluntary Departure...etc etc along with PCC USA and an explanation letter with it will be fine or do i still need to do some more additional work......is it better to hire annbest immigration attroney from canada to do all the paper work or shall proceed by my own...
What do you suggest..?
Please advice me

Under Canadian immigration law, criminal inadmissibility is only based on serious crimes for which there is a sentence of 10 years or more. So you are fine. Just explain the situation in the LoE and you will be good.