Can my spouse be approved with a very minor shoplifting record?

[PaperLantern]

I am applying to sponsor my wife of two years so we can move to Canada together (we were dating for three years prior to getting married). I'm not worried about anything besides her record. Here's what happened:

She is 24 now, but when she was 18 she was caught shoplifting two shirts from a store in the USA with her friends (before I met her). She wasn't arrested but the cops were called and she was charged with shoplifting. The total cost of the items she stole was under $100.

She appeared in court a little while after and accepted a charge of misdemeanor mischief. She did not receive jail time, no probation, no community service. She paid a $200 fine and that was it.

Will this make her inadmissible for immigration? We cross the border to Canada almost every day to go buy groceries, see friends, etc. She has never run into an issue crossing but I'm wondering if her application for sponsorship will even be considered if she has a charge. Since then she has NOT gotten into ANY legal trouble. She is a biology student with a concentration in botany, works hard, does volunteer work, etc.

Thoughts?

 

[PaperLantern]

Please help

 

[Buletruck]

Shouldn’t be an issue. Inadmissability is usually for serious criminality (5 years+) offences.

 

[KandyK]

This is not an issue. She will be fine!!

 

[PaperLantern]

Thank you, are you sure? I just ask because I know that theft is a hybrid offense in Canada.

 

[PaperLantern]

Should we check with an immigration lawyer to be sure? Her record doesn't show up in NCIC but she clearly was convicted of a misdemeanor 4.5 years ago for theft under $100 (but she decided to take a charge of mischief because she thought it sounded better).

She was never arrested though. She was given a ticket and asked to appear in front of a judge.

 

[Buletruck]

Your concern is with theft under $5,000 and theft over $5,000. Over $5,000 carry penalties of 5 years+. Theft under doesn't (up to 2 years). You'll be fine. A $100 item won't result in serious criminality issues, but she should really avoid similar encounters in the future....it really can screw up your life.

 

[PaperLantern]

Thank you, Buletruck. I'll try not to freak out. I asked my friend at the border if her name pops up on the background check thing (NCIC I believe) because we cross almost every day without incident. He said no crime shows up for her at all, which is really strange because her state background check she had done when she entered into the nursing program does show the misdemeanor conviction.

Anyway, she would never do anything like this again. In fact, she is constantly ashamed of it and I have to convince her that although it was a mistake, it's not the end of the world. It was a really stupid teenage rebellion thing. I really appreciate your input. I've literally been losing sleep over this.

 

[PaperLantern]

Shoot. I called an attorney just to be sure and she is in fact criminally inadmissible. Apparently even a small charge makes her inadmissible. He recommended I retain him so that he can file for criminal rehabilitation. I dunno though, it's only been 4.5 years since she paid the $200 fine. Will she even be eligible?

 

[NorthwardCA]

OF COURSE the lawyer you spoke with told you she was inadmissible and the only way to get approved is to pay him lots of money.

I would recommend you call the CIC directly. They don't have anything to gain from sugar-coating it for you, or from blowing smoke. You may not get a definitive answer on the call, but you'll get more honest and accurate information than some random lawyer. And call a couple of times, talk to different people. If you find CIC reps always say that she's likely "admissible" or "not admissible" you'll know which way it's likely to go for you. You can make your decision to apply or not based on that.

Stressing out won't actually do anything for you. Just call the CIC and find out.

 

[preity]

Please help

What does her FBI clearance certificate say? For criminality the first check is the police clearance certificates and I guess if that is clear they would not dig deep.

 

[Rob_TO]

What does her FBI clearance certificate say? For criminality the first check is the police clearance certificates and I guess if that is clear they would not dig deep.

Regardless if the incident is in the police reports, they still must mention it in the PR app. If they don't and IRCC found out about it later, that would be considered misrepresentation and could lead to a much more serious problem.

I would get a 2nd opinion on this. I'm not too familiar with criminality and effect on PR eligibility, but do know not every charge leads to an inadmissibility ruling as there are certain guidelines IRCC uses. You might want to do a search through the records of this forum for posts with keywords similar to your case (i.e. there are other posts with "shoplifting" incidents for PR applicant), and contact some members to see how their cases ended up. Hopefully some members that have similar experience can still answer you.

 

[PaperLantern]

We didn't receive the FBI clearance yet, but I had someone I know at the Canadian border we cross almost every day check her out on the computer and no criminal record shows up at the border. I have no idea.

I've tried calling CIC but unfortunately the link keeps saying there's a high call volume. I'll keep trying. Thank you, everyone!