Procedural Fairness

[Juku77]

Hi Guys!
Can someone help me with info about this letter wich allready recive from CIC!

I am now completing the assessment of your application for a permanent resident visa. It appears that you may not meet the requirements for immigration to Canada.
After careful and thorough consideration of all aspects of your application and the supporting information provided, it appears that you do not meet the requirements for a permanent resident visa because you are a person described in paragraph 36(2)(b) of the Immigration and Refugee Protection Act. You would therefore be criminally inadmissible to Canada.
Paragraph 36(2)(b) renders inadmissible a foreign national on grounds of criminality for having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences, not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament.
You have been convicted in Houston, Texas, United States of America on January 31, 2010 of an offence, namely: Driving while intoxicated. If committed in Canada, this offence would be punishable under article 253(b) of the Criminal Code of and would be punishable by way of indictment.
Subsection 11(1) of the Act states that the visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. It appears that you are inadmissible for the reasons set out above.
Before I make a final decision, you may submit additional information relating to your criminal background. You must provide any additional information within 14 days from the date of this letter. If you choose not to respond with additional information I will make my decision based on the information before me, which may result in the refusal of your application.
I look forward to receiving your additional information.

THANK YOU FOR HELP ME!

 

[scylla]

What sentence / penalty were you given for the DUI and when did you complete that sentence / penalty?

Did you declare the DUI in your application?

 

[Juku77]

i just expend 11 days in jail the sentence was complet on June 17 of 2010.
and YES I declare the DUI in my app and I send the court documents,and after receiving this procedural fairness letter the following day I received an Invitation letter to use pre-arrival services.

 

[scylla]

You are inadmissible at this time - but the good new is that you qualify to apply for rehabilitation. Once rehab is approved, you will then be admissible to Canada. I take it you haven't applied for rehab yet?

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

[Juku77]

You are inadmissible at this time - but the good new is that you qualify to apply for rehabilitation. Once rehab is approved, you will then be admissible to Canada. I take it you haven't applied for rehab yet?

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

No! not yet! and that takes several years! so we can not do anything?

 

[scylla]

No! not yet! and that takes several years! so we can not do anything?

You're currently inadmissible. Your PR application cannot be approved without rehab being approved first - so you really have no choice but to go through the process. Processing doesn't always take over a year - some cases are processed much faster.

 

[Juku77]

You're currently inadmissible. Your PR application cannot be approved without rehab being approved first - so you really have no choice but to go through the process. Processing doesn't always take over a year - some cases are processed much faster.

SO AFTER MI APP FOR FAMILY SPONSORSHIP IS REFUSED I NEED APPLY FOR REHAB.THEN AFTER REHAB IS APROVED AGAIN NEED TO REAPPLY FOR FAMILY SPONSORSHIP?

 

[scylla]

Please don't type in all caps.

I would not wait for the application to be refused. I would apply for rehab immediately (tomorrow if possible) and then as a response to the fairness letter - submit proof you have applied for rehab and ask CIC to keep your application open until rehab is approved.

Are you American? If so, you can look into applying for rehab at the port of entry (i.e. at the border). I don't know much about this but some on this forum have been successful in submitting a rehab application this way (processing is typically very fast).

 

[Juku77]

Please don't type in all caps.

I would not wait for the application to be refused. I would apply for rehab immediately (tomorrow if possible) and then as a response to the fairness letter - submit proof you have applied for rehab and ask CIC to keep your application open until rehab is approved.

Are you American? If so, you can look into applying for rehab at the port of entry (i.e. at the border). I don't know much about this but some on this forum have been successful in submitting a rehab application this way (processing is typically very fast).

Ok ! I am Mexican! my Wife is Canadian I recived the letter last friday and They just give me 14 days to send the docs, but sounds good your recomendation. Thank you so much
!

 

[Juku77]

Hi guys !
I am in process of sponsoship for more than 14 months, in February I received a letter from the VO called Procedural fairness for criminal inadmissibility by a DWI in Texas, and send the rehabilitation application, the payment and all the supporting documents, Someone knows how long it will take in answering if it was approved? I appreciate all your comments and advice!

 

[scylla]

Hi guys !
I am in process of sponsoship for more than 14 months, in February I received a letter from the VO called Procedural fairness for criminal inadmissibility by a DWI in Texas, and send the rehabilitation application, the payment and all the supporting documents, Someone knows how long it will take in answering if it was approved? I appreciate all your comments and advice!

It's very hard to say. Processing times vary widely. I would say anywhere from a few months to well over a year.

 

[Juku77]

It's very hard to say. Processing times vary widely. I would say anywhere from a few months to well over a year.

Thanks Scylla!

 

[Virgo29]

It's very hard to say. Processing times vary widely. I would say anywhere from a few months to well over a year.

Hi Scylla,

I hope you can help me. We also recieved Procedural fairness letter because the applicant has a dismissed case almost 15 years ago but was not convicted. We sent and provided everything like court documents and a submissions explaining why the applicant should not be inadmissible. Few months after we sent our submissions/reply to PFL, we got a request to redo the medicals because the first upfront already expired. My questions is this a good sign?( redo- medicals) after PFL? Diid they reconsider our application and soon get a positive decision? Im still worried. Thank you in advance!

 

[scylla]

Hi Scylla,

I hope you can help me. We also recieved Procedural fairness letter because the applicant has a dismissed case almost 15 years ago but was not convicted. We sent and provided everything like court documents and a submissions explaining why the applicant should not be inadmissible. Few months after we sent our submissions/reply to PFL, we got a request to redo the medicals because the first upfront already expired. My questions is this a good sign?( redo- medicals) after PFL? Diid they reconsider our application and soon get a positive decision? Im still worried. Thank you in advance!

Yes - that sounds like a good sign.

 

[Virgo29]

Yes - that sounds like a good sign.

Thank you!