Deported from USA. Will I be able to apply for Canada.

[scylla]

I am a Canadian citizen who got married to a man that was deported from the US about 11 years ago for the distribution of crack coccaine. Though he wasn’t caught with it, he was convicted for it.

I have submitted a spousal sponsorship application in August and as we speak, it is in processing.

My question is; will his past be an issue for this sponsorship?

The deportation won't be an issue provided it was declared. The distribution conviction will most likely be an issue.

Have you submitted a rehabilitation application? He is most likely inadmissible to Canada and will need to go through the rehabilitation process before PR can be approved.

 

[Lovefamily2018]

No I did not submit a rehabilitation form.
Will they email him and ask for that form to be submitted??

 

[21Goose]

No I did not submit a rehabilitation form.
Will they email him and ask for that form to be submitted??

No, probably not. You need to apply for rehabilitation. You should talk to a lawyer, this can be a somewhat complicated process. You can read more about it here and see if you need professional help - https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

[canuck_in_uk]

No I did not submit a rehabilitation form.
Will they email him and ask for that form to be submitted??

No. They would just refuse him based on criminal inadmissibility. Rehabilitation is something you have to be proactive about applying for.

 

[Lovefamily2018]

Is there any way around this????
I know the people that was. Involved in that case was pardoned by Obama. I’m not sure if he was. Also pardoned.

Thank you for providing me with ur answers. Well appreciated

 

[canuck_in_uk]

Is there any way around this????
I know the people that was. Involved in that case was pardoned by Obama. I’m not sure if he was. Also pardoned.

Thank you for providing me with ur answers. Well appreciated

Apply for rehabilitation.

Surely he knows if he was pardoned. If he was, he still needs to apply for rehabilitation for IRCC to determine if the pardon is valid as per Canadian law.

 

[Lovefamily2018]

No he’s not sure if he was pardoned because he has been living in Jamaica for about 11 years and it would be hard for him to know tht.

The last email he got from IRCC was to pay for Biometric, which he did.
We’re just waiting to hear from IRCC about the next step.

 

[Lovefamily2018]

Thank you for the link that you have shared with me. It was very informative.

The info says:

• you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.

THIS ONE APPLIES TO HIM!!!!!



Please talk to me

 

[scylla]

Thank you for the link that you have shared with me. It was very informative.

The info says:

• you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.

THIS ONE APPLIES TO HIM!!!!!



Please talk to me

Are you sure? Have you researched what the equivalent charge is in Canada and confirmed that the maximum term that can be given is less than 10 years? This is not about what he was given - this is about what the law allows as the maximum.

 

[Lovefamily2018]

His was conspiracy and it says: 2 years less a day.

 

[PMM]

Hi

His was conspiracy and it says: 2 years less a day.

1. That may be the US equivalence but in Canada, a whole different ballgame.

"
Trafficking in substance
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.

(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.

Punishment
(3) Every person who contravenes subsection (1) or (2)

(a) subject to subsection (4), where the subject-matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;"
So he will be considered inadmissible for serious criminality, and will need rehabilitation.

 

[Lovefamily2018]

He was not trafficking. His charge was “conspiracy to distribute crack cocaine”. Wasn’t caught with it or anything. It was based off “hear say”. At the time they didn’t have to physically find it on u. Tht makes it conspiracy.

I researched the penalty for “conspiracy to distribute crack cocaine in Canada” and, saw 2 years less a day. R.v Kane’s case. He had no former criminal record.

Correct me if I’m wrong or if I misunderstood.

 

[scylla]

He was not trafficking. His charge was “conspiracy to distribute crack cocaine”. Wasn’t caught with it or anything. It was based off “hear say”. At the time they didn’t have to physically find it on u. Tht makes it conspiracy.

I researched the penalty for “conspiracy to distribute crack cocaine in Canada” and, saw 2 years less a day. R.v Kane’s case. He had no former criminal record.

Correct me if I’m wrong or if I misunderstood.

That's not how it works. You can't search a specific case. You have to find the equivalent charge in Canada and then see the maximum penalty that can be given for the crime.

 

[PMM]

Hi

He was not trafficking. His charge was “conspiracy to distribute crack cocaine”. Wasn’t caught with it or anything. It was based off “hear say”. At the time they didn’t have to physically find it on u. Tht makes it conspiracy.

I researched the penalty for “conspiracy to distribute crack cocaine in Canada” and, saw 2 years less a day. R.v Kane’s case. He had no former criminal record.

Correct me if I’m wrong or if I misunderstood.

1. You have to refer to the Controlled Drugs and Substance Act (Canada) where their are the following :
"
Criminal Code to an offence contrary to the Narcotic Control Act or Part III or IV of the Food and Drugs Act or any conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence shall be deemed to be a reference to an offence contrary to section 5 (trafficking), 6 (importing and exporting) or 7 (production) of this Act, as the case may be, or a conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence."

In other words, conspiracy is the same punishment as trafficking.

2.
Trafficking in substance

• 
  5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.
  
  
• Marginal noteossession for purpose of trafficking
  
  (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.
  
  
• Marginal noteunishment
  
  (3) Every person who contravenes subsection (1) or (2)
  
  • (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and

What Immigration looks at is the maximum sentence possible, and conspiracy to traffic in a Schedule I drug (Cocaine) is life. So he is subject to serious criminality and a request for rehabilitation

Note the fee for rehabilitation alone for serious criminality is $1000

 

[Johnpie93]

Hello there just a few quick questions if any one can help me please. I was deported from the United States on TPS from haiti I got arrested for these charges as an adult

05/20/2012 BURG/DWELL/OCCUP.CONVEY 2Y 0M 0D

05/20/2012 GRAND THEFT,300 L/5,000
2Y 0M 0D

09/18/2014 FRAUD USE OF PERSONAL ID
2Y 0M 0D

09/18/2014 OBSTRUCT CRIME INVESTIGATION(ATTEMPTED)
2Y 0M 0D

I was place on probation for 3years in 2013 for the burglary and grand theft charges ,it was my next door neighbors house no one was inside me and my co defendant took a laptop some watches And aPlayStation 3 as we where getting away and trying to get in the car a bystander caught up to us with his gun and stop everything called the police and we where caught red handed everything was giving backnothing was left or damaged from us I paid restitution completed all probation requirements that I wasadvised to do. It was a dumb mistake I committed at the age of 18 I was just about to get early termination for it in September of 2014 when I caught those new charges fraud use of personal id/and obstruct that case was a credit card used not for me under someone else’s name no items we’re left from the store. I was arrested caught red handed on the spot ONCE AGAIN. The obstruction charge was me tampering with evidence trying to get rid of the credit card in the store isle before the police came. Stupid move but got caught for it. I was sentenced in May of 2015 I was giving 24months of prison with 8months of time served in the county jail I was released on June 1st of 2016 to ICE agents and taking to a detention center I did 6months in immigration before my case was settled and I was deported to my home country of haiti in December of 2016. I’ve gave you all a great description of my case now can someone please give me an outlook of me getting rehabilitation to Canada in due time? I’ve changed over these years well even before I left prison I came out a changed man my country is a disaster right now things are very tough and i want to move on with my life and get a clean start do I have a chance at all ???? Please and thank you for your time.