Deported from USA. Will I be able to apply for Canada.
- Thread starter Nadeem khan
- Start date
So she can safely say no when she lands in a month or so?? This is good news! Cause my mother is one who insists on total honesty. I told her that if it were considered a crime that it would have showed up on her FBI background check!!
The checks were turned in before she found out about them. Her husband wrote a check and didn’t tell her that caused her checks to bounce. But as I said she paid them both off as soon as she got out of hospital to the clerk of court. Over 20 years ago but as I said it does not show up on any fingerprint background check. Only in her memory.
Not really. FBI database is voluntary and it is up to the states to put data there or not. Most states report felonies and serious misdemeanors, some report dangerous offenders and some report everything including traffic offenses. Not saying that your case is criminal, but don't assume you don't have criminal history just because the FBI check is clear.
You mentioned being in court and paying the court clerk. Obviously there has been a court action involved but that doesn't necessarily mean it was criminal, it could have been a civil suit. In either case, it is apparent it was withdrawn by the plaintiff at the time and so not an issue for PR.
Since the PR was already approved on the information given, I would recommend re-iterating the same information as was disclosed in the PR application. You can be sure you cannot be refused landing this way.
If in doubt about this in the future, you should contact the court clerk in the county where this happened and have them search their case index for any record under her name.
This is for my mother not me. She fully divulged everything in her application and followed up with a phone call to IRCC twice telling them about it and asking them if she need to do rehabilitation or if they required anything. Both times they told her no she could write it up if she wanted to but it was not a crime...not in Canada if it was accidental and she took care of them 20 years ago. Which it was.
She was approved shortly after the last phone call.
She never went to court. When she got out of hospital there was notification that the checks had bounced. She went to the store where she had purchased gas in two days for $10 each time. They told her they couldn’t get in touch with her (she was in hospital) and had turned them in. She then went to the county clerks office and told them what was going on. The clerk found the two checks and told her to just pay them off plus fees and nothing else would be required of her. This she did. So it NEVER went to court or before a judge. Again, when she asked IRCC what to do they laughed and said need to do nothing that she could write it up if she desired but as far as they were concerned not a crime to report. My mother has never even had a speeding ticket and is 70 years old. She just wants to live with her husband who is Canadian in his family estate there.
Could they just pull her application up and review it when she lands? That way they have it already. She is not computer literate and I’m not close enough to her to pull up her application. Sorry for asking so many questions or maybe making a mountain out of a mole hill but I just want my mother to be happy. She deserves that after being separated from her husband these last months. Thank you for all the help.
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I am not discussing whether this matter is a crime or not, only whether this needs to be disclosed or not. The information you gave is inconclusive about this issue however there are signs that it may be so. You mentioned being in court, and having paid money to a court clerk so there is a court record. You don't have to go into a court room or see a judge to have a court record, it is created the moment any case is filed and then is retained and searchable by anyone. It will continue to exist on the court's index file even if the case was dismissed.
I'm not sure what you have exactly told the immigration officer over the phone, but I suspect you have not mentioned being in court otherwise you'd be told to lookup the court records.
You mentioned having disclosed this matter to IRCC and the application was subsequently approved. This means one of two:
Now, regarding the question on landing. You are free to say whatever you wish. I usually refrain from answering questions about misrepresentations but in your case, since you insist on knowing, it is not a material misrepresentation because the information is already on file and the correct procedures have already been carried out. The officer does not have to record your answers anyways you only have to initial your name on the landing document.
I'm not sure what you have exactly told the immigration officer over the phone, but I suspect you have not mentioned being in court otherwise you'd be told to lookup the court records.
You mentioned having disclosed this matter to IRCC and the application was subsequently approved. This means one of two:
(a) IRCC attempted to search for information and found records corroborating the applicant's story and then determined she was admissible.
(b) IRCC attempted to search for information but found no records at all only what they have on file from the applicant's declaration and then determined she was admissible based on the declared facts.
(b) IRCC attempted to search for information but found no records at all only what they have on file from the applicant's declaration and then determined she was admissible based on the declared facts.
Now, regarding the question on landing. You are free to say whatever you wish. I usually refrain from answering questions about misrepresentations but in your case, since you insist on knowing, it is not a material misrepresentation because the information is already on file and the correct procedures have already been carried out. The officer does not have to record your answers anyways you only have to initial your name on the landing document.
Thank you. I will tell her this. I can assure you she has never stepped foot in a court room other than during a divorce she got over 40 years ago. Her FBI check came back no record found and a state check found nothing. But she is a compulsive honest person (almost to a fault!) I’ll convince her when I talk to her next that she isn’t a criminal because if one accident years ago and IRCC determined that when they never questioned her “confession” so she can answer with a free councious and not blurb out what SHE sees as the truth. ( frustrates me to the max that she simply HAS to be so darn proper and too honest!!) thank you for your answer.
Hello I have a question. I previously studied in the United States but overstayed my visa by some years. During that time I was arrested for overspeeding, driving with an expired Lic and tag, and also reckless driving. After some years I was visited by ice and given an option to return to my country and not go through the courts. I returned to my country. After 2 or 3 years I reapplied for a B2 visa and I got it but when I arrived at the US port of entry I was denied entry and given a 5 year bar. The reason was overstaying my previous visa. It's been more than 5 yrs now. My question is my wife wants to go for her masters in Canada and I want to come with her and apply for a work permit. I was wondering if my history will affect my chances of getting a work permit?
Yes - unfortunately it's possible that your immigration history in the US may impact your ability to accompany your wife to Canada. It's really impossible to say without applying and seeing what happens. The fact it's been more than 5 years is good - but still hard to say.
Yes it will affect your chances of getting a work permit or any other temporary visa to Canada. Not saying that you will be rejected but there is no harm from applying and the officer will be weighing all your home ties against such negative factors and then make a decision. If you have traveled in the past to UK or Europe it will help too.
HI ,
Let me ask about this case, a person was living illegally in USA with fake id over 20 years ago , got a charge of DIU 15 years ago , went to court and serve all penalty of the DIU , he serve for the DIU but he was scare and was living with a false id, he left USA, in this case how can manage his case if he wants to visit Canada?
Let me ask about this case, a person was living illegally in USA with fake id over 20 years ago , got a charge of DIU 15 years ago , went to court and serve all penalty of the DIU , he serve for the DIU but he was scare and was living with a false id, he left USA, in this case how can manage his case if he wants to visit Canada?
That person would be deemed rehabilitated if he or she attempts to enter Canada by December 18. Otherwise a lengthy rehabilitation application will be needed past that point.
If that person was charged/convicted with using a fake Id then this is a different story.
THE DIU was charge to the FAKE ID, after that this person stop using fake papers , but all DIU rehabiitation documents are with the fake id name, was never charge or convicted for the fake id, will become inadmisible?