Almost past a deadline to give them something we can't get

[zimbub]

Hi everyone, I think our case is in a state of emergency.

My mexican husband recieved his police record from the "PGR" and on it is some kind of register that we are told it is some kind of minor thing but we don't know what it is. and the PGR said they do not know what it is and he would have to find the police station where the incident was (anytime in 12 years) and ask them to find out.

He could only remember an incident 8-9 years ago - where he had been taken in and questioned about marijuana they claimed to have found in his surroundings. (The cop said he found a joint on a bench near a place in the park where my husband was excercising - and then asked for money to avoid further problems. When my husband said he had no money, the cop took him to the station and fingerprinted him and tried to get him to admit it was his marijuana, but never once would he admit it. He called his dad and his brother, who is a lawyer, and they paid the police some money, and my husband was allowed to leave.

So now when this thing showed up in my husbands record, the visa office emailed him and asked to know what it is. They want the full details from the police explaining what the charge and/or conviction was.

They gave my husband 30 days to get it or the visa application we have worked so hard on for so long, will be automatically refused.

The next day my husband went to the PGR and thats when they said they didn't know!
And told him to go to the police station where it happened.
He went to the station where that thing happened, and they said it would take a long time to get it, IF he could even get it! Someone said he might not be allowed to have it since he was the "accused" in the situation.

He has gone there 5 times over the past 3 weeks, and been told the same. That if he can get it, its in the archives and will take several weeks.

May 8th is the 30th day..........and now we have a new problem: The visa office told my husband on friday that they are now open fridays only. That means even if he gets it at the last minute, and tries to bring it in on day 30, they will be closed.

1. How can they close the doors to him when his 30 days are not even up?

2. And how can he get around this problem of the police not wanting to help him, and in a timely manner?

3. And if nothing else, couldn't the visa extend this time? We sent a short letter asking for more time, but the lady at the desk just took it and put it in the file. We don't know if it gets given to the officer the day its brought in, or just shoved in the file to be looked at when its convenient.

4. And what is with this friday thing?

5. If the office is now only open fridays, does that mean the officer wont see it till may 2nd, when it might be too late? :-\

I have an anxiety disorder with ptsd, and this situation is not helping. I have heart palpitations, and the saddest part of it all is that my kids suffer when I go through all this. Please I hope someone can help me out. We just want this nightmare over with, so my family can be stable

 

[mikeymyke]

I think in extenuating circumstances, you can write a letter to them explaining your difficult situation at the Mexican police station. I don't know, maybe more experienced members here can help, but I think I read somewhere that you're required to submit full criminal records, and if you cannot, provide a written explanation why. If you explain to them it will take several weeks to get it, I think maybe instead of a refusal, they will just simply put a pause on your application until he gets it. I'm not 100% sure if this is true or not, so hopefully someone here can chip in

 

[lellen]

Hey... I'm really sorry that I don't have an answer for you, but I wanted to tell you that I know what you're going through and a lot of people here will understand your anxiety.

The Friday thing sounds crazy, and I know how frustrating bureaucracy in our crazy corrupt countries can be, it makes me want to rip my hair out. This seems like an incredibly unfair situation, it makes my heart hurt a little as I read it. Nothing makes me more mad than unfairness (seriously, if CIC agents were able to track down the record, why is it so hard for you guys to find it? This is crazy.).

I just wanted to say that someone out there understands your pain, being out of the loop like this and not knowing what your future will be in a month is disconcerting.

Now, I can't help any more than what I just said, but my only thoughts on the matter is that, even if a Visa office is only open on Fridays, it doesn't mean that they only work on Fridays. They will be there working other days of the week, they're just not open to the public. Don't despair, if you manage to get your necessary papers on the 30th day, just send it in anyway (or drop it off, whatever you need to do). I think the fact that you sent a letter helps. I once had to send a letter to Vegreville asking for the same thing, more time to deliver some papers, and I never heard anything back, nobody said anything, but they granted the time anyway, or at least it appeared so.

Hang in there, this will pass I promise. Take it one day at a time, like we all do.

 

[Ponga]

Has your husband considered this:
http://www.cic.gc.ca/english/information/inadmissibility/rehabilitation.asp

You may be deemed rehabilitated, depending on:

-the crime you committed
-how serious the crime was and how much time has passed since you completed the sentence imposed for your crime:
10 years for one indictable offence
five years for two or more summary convictions
-whether you have committed one or more crimes and
-if the crime would be punishable in Canada by a maximum prison term of less than 10 years.

Now, if this story is true, in that the police only found a single marijuana joint near where your husband was exercising, it would be hard to imagine that being an indictable offense [in Canada], but I'm not up on the Mexican laws.

Good luck!

 

[zimbub]

thanks everyone so much, and lellen, I just want to say thanks to you for being so understanding. Its nice to know there are others knowing what I am going through, although I would never wish this pain on anyone.

 

[taffy7]

Has your husband considered this:
http://www.cic.gc.ca/english/information/inadmissibility/rehabilitation.asp

You may be deemed rehabilitated, depending on:

-the crime you committed
-how serious the crime was and how much time has passed since you completed the sentence imposed for your crime:
10 years for one indictable offence
five years for two or more summary convictions
-whether you have committed one or more crimes and
-if the crime would be punishable in Canada by a maximum prison term of less than 10 years.

Now, if this story is true, in that the police only found a single marijuana joint near where your husband was exercising, it would be hard to imagine that being an indictable offense [in Canada], but I'm not up on the Mexican laws.

Good luck!

Ponga thats the thing it seems that they are going back further than even 10 years .Many threads going on this and there all seemed to be passed the rehabilitated stage .

 

[commonlawsponsor]

As others said I would write a letter explaining the circumstance and I don't know how easy this would be but I would also try to get some sort of proof that you have went to the police station, asked, and that it would take awhile. Either a letter they would sign, or proof of an appointment, anything.

I'm not sure if all VO offices offer this, but I saw online that I could scan, upload and email documents. Do this before the 30 days are up and say that you will drop off the originals when the office is open or put them in the mail.

 

[gsize]

sorry you are going through this! I know how stressful it is.

Send them a letter explaining situation to them. Make sure you send it by courier and get a tracking number. If one of you is in Canada, go to MP office and maybe they will help (they did in my case)

Best wishes

 

[bartjones]

The VO is asking for full details of the criminal record because they want to determine exactly what the offence was, what the equivalent offence is under Canadian law and when the sentence was completed. Until they can determine that, they can't establish whether he's eligible for rehabilitation and what effect the offence/conviction might have on his PR application.

If I were you I would immediately send an email or letter to the VO explaining what efforts you have already made to obtain the details of the offence or conviction and that you require more time. I would also deliver a letter today to the appropriate Mexican authorities advising that Canadian immigration has requested full details of the offence shown on his Mexican criminal background check and demand that they provide that information to you within the next 30 days. Confirm in that letter that you have already requested the information on 5 or 6 separate occasions through the local police and it has not been provided. Send a copy of that letter to the VO with your email to him, so that you can show documentary proof of your efforts to obtain the requested information.

I think if you do that, the VO will see that you are making real efforts to comply with their request and he will be hard pressed to dismiss your PR application.

If, 30 days from now, you get no response from the Mexican authorities to your letter, you can then tell the VO that you have made best efforts to obtain details of the offence/conviction but the Mexican authorities have not provided it. Good luck.