Good Evening,
My husband and I applied for his PR status back in 2015. He is a US citizen and I am a Canadian Citizen. We applied as Conjugal Partners, but married in 2016, so our application status changed.
In 2017 we received a decision on our case stating that my husband's application was being denied because he is a person described in paragraph 36 (1) (b) and 36 (2) (b) of the Act. He is therefore inadmissible to Canada. Details are below.
"Paragraph 36(1)(b) renders inadmissible a foreign national on grounds of serious criminality for having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum of imprisonment of at least ten years.
Specifically, you have been convicted by the State of Florida on 6th of June 2011 of an offence, namely unemployment compensation fraud for an overpayment of $6,600. If committed in Canada, this offence would be punishable under article 380 (1) (a) of the Canadian Criminal Code, namely fraud and would be punishable by way of indictmentand is liable to a term of imprisonment not exceeding fourteen years.
Moreover, based on your FBI clearance certificate, you were charged with battery on 21 January 1993. In addition, court documentations shows that you were charged and convicted with battery in May 2009. If committed in Canada, this offence would be punishable under article 265 (1)(a) of the Canadian Criminal Code, namely Assault and would be punishable by way of indictment and is liable to imprisonment for a term not exceeding five years."
My husband is currently on his second TRV since this decision, while we have been waiting for our appeal hearing. The 1993 and 2009 battery charges resulted in Adjudication Witheld and the Fraud charge resulted in a Pretrial Intervention Program, which in the State of Florida results in the charges being dismissed. The CBC officers we are dealing with at the border have noted in our visitor record that they do not find my husband inadmissable to Canada based on the disposition of these charges.
We have a Notice to Appear scheduled for next week in Toronto. Two questions, what should we expect to happen at the Conference at IAD, and will they consider the opinions of the border officers that are issuing my husbands TRVs?
Thanks in advance for any advice in this area.
My husband and I applied for his PR status back in 2015. He is a US citizen and I am a Canadian Citizen. We applied as Conjugal Partners, but married in 2016, so our application status changed.
In 2017 we received a decision on our case stating that my husband's application was being denied because he is a person described in paragraph 36 (1) (b) and 36 (2) (b) of the Act. He is therefore inadmissible to Canada. Details are below.
"Paragraph 36(1)(b) renders inadmissible a foreign national on grounds of serious criminality for having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum of imprisonment of at least ten years.
Specifically, you have been convicted by the State of Florida on 6th of June 2011 of an offence, namely unemployment compensation fraud for an overpayment of $6,600. If committed in Canada, this offence would be punishable under article 380 (1) (a) of the Canadian Criminal Code, namely fraud and would be punishable by way of indictmentand is liable to a term of imprisonment not exceeding fourteen years.
Moreover, based on your FBI clearance certificate, you were charged with battery on 21 January 1993. In addition, court documentations shows that you were charged and convicted with battery in May 2009. If committed in Canada, this offence would be punishable under article 265 (1)(a) of the Canadian Criminal Code, namely Assault and would be punishable by way of indictment and is liable to imprisonment for a term not exceeding five years."
My husband is currently on his second TRV since this decision, while we have been waiting for our appeal hearing. The 1993 and 2009 battery charges resulted in Adjudication Witheld and the Fraud charge resulted in a Pretrial Intervention Program, which in the State of Florida results in the charges being dismissed. The CBC officers we are dealing with at the border have noted in our visitor record that they do not find my husband inadmissable to Canada based on the disposition of these charges.
We have a Notice to Appear scheduled for next week in Toronto. Two questions, what should we expect to happen at the Conference at IAD, and will they consider the opinions of the border officers that are issuing my husbands TRVs?
Thanks in advance for any advice in this area.
