Applying for PR but my spouse had a DWI from USA

[NehaJ]

hi everyone,

Me & my husband are planning to apply for PR under express entry category. However, my husband got a DWI almost 8 years ago from New York State, while he was studying there. Has any one of you gotten through & received visa even after an arrest/ DWI in their PCC? His PCC from FBI clearly mentions about his arrest & he was found guilty. He did pay all charges & cleared everything. After that we have been to USA many times without any problem.

What should be our next step? Should we wait until 10 years are passed or should we go ahead & apply?

Should we take criminal Rehabilitation before applying? Is this necessarily needed? As this is again an expense for almost 2000$

Please guide me based on your experiences.

TIA

 

[kuskus]

If at least 5 years has passed since the completion of his fine/sentence, he should be fine. You guys can go ahead and file now, but be prepared to submit an application for rehabilitation if requested. The Visa officer will make that determination.

 

[NehaJ]

Hi , thank you for your reply. So you mean it is not necessary to apply for criminal Rehabilitation before? Also, does this past incident make it difficult for us to be selected in the process (like is thr a negative marking for such a thing)

 

[kuskus]

Hi , thank you for your reply. So you mean it is not necessary to apply for criminal Rehabilitation before? Also, does this past incident make it difficult for us to be selected in the process (like is thr a negative marking for such a thing)

You may or may not apply before. From experience, the Visa officer determined which class of rehabilitation to apply for (there are two, $300 or $1,000). This was done after our file was reviewed. The only thing that will happen is that the processing of your application may take a little bit longer.

 

[NehaJ]

You may or may not apply before. From experience, the Visa officer determined which class of rehabilitation to apply for (there are two, $300 or $1,000). This was done after our file was reviewed. The only thing that will happen is that the processing of your application may take a little bit longer.

Hi again! And thank you so much for your prompt replies. Reading your reply makes me feel a little better , as honestly , i had lost the hope & kind of thought that this DWI wont let us get through. Did you have a similar case ? My husband had a ‘misdemeanor’ if that helps you clarify the level fo rehabilitation. Could you refer any good attorney to me ? Were you then able to get through & move to canada ? Sorry for so many questions, these are all which are running in my mind & making me feel very helpless.

 

[kuskus]

Hi again! And thank you so much for your prompt replies. Reading your reply makes me feel a little better , as honestly , i had lost the hope & kind of thought that this DWI wont let us get through. Did you have a similar case ? My husband had a ‘misdemeanor’ if that helps you clarify the level fo rehabilitation. Could you refer any good attorney to me ? Were you then able to get through & move to canada ? Sorry for so many questions, these are all which are running in my mind & making me feel very helpless.

Yes, had a similar problem, but an experienced immigration attorney will be able to handle it. You should contact the attorney whose site we're on, I heard they're very good and very professional.

 

[NehaJ]

Great! I was in touch with this company itself. Thank you for your help.