Affect of previous Conviction in the USA on Spousal PR Visa in Canada?

[Alicious]

Hello,

I wonder if anyone with a legal background can provide me with any insight and advice on this situation.

My husband had a Visitor Visa in Canada back in 2002 (back before we knew each other or were married). He crossed illegally into the USA. He was convicted and did his time (3 months) and then left the USA voluntarily. He was given a certain amount of time to leave the USA of his own accord, which he did, therefore he was not deported or anything.

He has since returned to Canada on a visitor visa, and we will be applying for a PR visa in the next few months (from within Canada). We decided not to return to the country where we were living and to stay in Canada, since our first son will be born soon, and we came to the decision we would rather have him born and live his life here in Canada. I am Canadian born and raised.

I am wondering how this previous conviction, although it has been dealt with, and the time has been served, will affect the approval of his PR visa in Canada? Can they refuse his PR Visa for this reason? The problem was in the USA, not in Canada.

I hope someone with legal background can provide us with some insight and advice.

Thanks in advance.

 

[Pharoh]

I don't have any legal background, but I'll try and help.

He was convicted and sent to prison for 3 months? I didn't know we jailed people for crossing... our southern border gets swamped by illegal immigrants, and they just get sent back home. Have we always arrested/imprisoned people who cross from the north?

It's important to mention this conviction on the application, but I don't see why it would affect the approval. He made a mistake, and is now going about the legal means of entering/immigrating to a country. They shouldn't hold it against him, but it all depends on the mood of the IO, I suppose. The best policy is honesty. If you fail to mention his conviction, and they find out, that will almost certainly guarantee your denial.

 

[kelKel]

Did he reveal the conviction on the visitor visa application?

 

[rjessome]

This doesn't sound like a criminal "conviction" at all. It sounds like he "Evaded the Immigration Inspectors and Border Patrol" which is an immigration offence where he was put on an immigration hold and given voluntary departure. He needs to get FBI check done and then legal advice about whether he is inadmissible but I really don't think so as this is not a criminal offence under the Criminal Code of Canada. Getting a legal opinion once you have the FBI record is your best choice so you know what you are dealing with.

 

[Karlshammar]

I don't believe it is a crime to enter the U.S. illegally. It's a civil matter. The only case where he would have received a criminal conviction would be if he did something criminal in connection with it, like brought drugs with him, stole something, hit an agent when they tried to detain him... That sort of thing.

What exactly was he convicted of, and are you sure it was actually a conviction, and not just detention for an immigration violation like the previous poster said?

 

[RobsLuv]

What I don't understand is "doing time" for 3 months after. The OP specifically mentions a "conviction" - if that's the case, I think there'd have to be more to it than simply entering the US illegally.

I agree - get the FBI arrest report first. If an arrest or conviction appears on it, get legal advice from a qualified immigration attorney before submitting a PR application. A criminal conviction makes an applicant inadmissible to Canada, so if it even appears that there's a conviction and you don't get the details resolved before submitting the PR ap, you're setting yourself up for long delays and a possible refusal. Could end up he actually is inadmissible - if so, then you'll want to get advice from someone qualified to tell you what to do to move forward.