criminal inadmissibility HELP

[spect]

Hello. I have the following situation. When I gave on immigration I got paper about the criminal history from my country police.There my penalties (5 pieces) were written. Its is only administrative fines. The most serious was in 2007 in January it is alcohol at a wheel (0.06 BAC). For Canada the criminal record is given after 0.08 BAC.The officer at first thought that it is my criminal records, but it as well as in Canada and at me in the country not of a criminal record. I was never judged. I wrote it to the officer and sent all papers and details of fines from police of my country. Now I received the answer that I should ask rehabilitation. I don't understand what to do? Why I have to ask rehabilitation if it is fines, it not criminal records and even if they would be perfect in Canada it would be fines.Whether it is possible to challenge somehow the decision of the officer to ask any other officer to look at my business because it is full nonsense, after all at me anything never bad was that could consider as a criminal record in Canada, and now I should wait for 1-2 years rehabilitation and huge wastes. Advise what to do I don't know any more.

 

[spect]

help

 

[spect]

up

 

[scylla]

Your case is complicated and unique - I doubt you are going to find the help you need through this forum. It's probably time to hire a good immigration lawyer to represent you.

It may by that the number of administrative fines you have is causing a problem. I agree that if you only had the one DUI with 0.06 BAC this shouldn't cause you to be inadmissible. But maybe having 5 administrative fines changes things.

 

[spect]

Yes I have one DUE and it was nearly 8 years ago already. And such amount of alcohol in Canada it is simple the warning. Other fines it for example not included headlights at night etc.

 

[spect]

I employed the immigration lawyer. He wrote everything correctly and that these penalties can't be criminal in Canada. All the same the officer doesn't listen that at me never was serious anything. Criminal records too weren't. Maybe it is necessary to address to the criminal lawyer?

 

[future_canadian]

Canada takes drink-driving very seriously. They can make a decision based on anything that shows up in your record. An "administrative fine" is still a judgment. Juts because you didn't have a trial doesn't mean you don't have a record. Paying a fine likely means you at some point consented to entering a judgment against you without a trial.

You can always try to challenge the officer's decision, but most likely you will have to go the rehabilitation route. Either way, you definitely need a lawyer to help you with this, or you will not succeed.

Good luck.

 

[spect]

I understand that alcohol at a wheel it is serious. But once again I speak sent all papers where is written that I had 0.06 BAC only and in Canada it would be only the prevention. Really the officer can't understand it? ? I read rehabilitation those who was judged or serious violations any do.

 

[future_canadian]

I understand that alcohol at a wheel it is serious. But once again I speak sent all papers where is written that I had 0.06 BAC only and in Canada it would be only the prevention. Really the officer can't understand it? ? I read rehabilitation those who was judged or serious violations any do.

If you want to challenge the decision, it's not us you have to convince. We can't help you overcome it. You need to have your lawyer help you through the process and advocate on your behalf, and if you can't overcome the decision itself then do the rehabilitation.

Good luck.

 

[spect]

Thanks. But if already the officer wrote to me, what it is necessary to do rehabilitation, I have the right still to challenge its decision for example the criminal lawyer?

 

[scylla]

Thanks. But if already the officer wrote to me, what it is necessary to do rehabilitation, I have the right still to challenge its decision for example the criminal lawyer?

A criminal lawyer can't help you. You need an immigration lawyer if you want to try to challenge anything.

Or just go ahead and complete the rehabilitation paperwork.

 

[spect]

So I did everything through the immigration lawyer. He wrote a paper that these penalties in Canada would not be criminal and any problems for immigration is not. But I still told to do rehabilitation. Can be a criminal lawyer to hire him to precisely compare the laws of Canada with my fines, did the paper and through the official immigration lawyer then have to try to challenge. Secondly it is necessary for rehabilitation? How long will she do? I just do not want to rehab because I am fully confident that he was right and I have all the papers to prove that it is nothing serious, these fines or in my country or in Canada are not.

 

[future_canadian]

So I did everything through the immigration lawyer. He wrote a paper that these penalties in Canada would not be criminal and any problems for immigration is not. But I still told to do rehabilitation. Can be a criminal lawyer to hire him to precisely compare the laws of Canada with my fines, did the paper and through the official immigration lawyer then have to try to challenge. Secondly it is necessary for rehabilitation? How long will she do? I just do not want to rehab because I am fully confident that he was right and I have all the papers to prove that it is nothing serious, these fines or in my country or in Canada are not.

It's your decision how you want to proceed. It's your time and money and your dream of immigration. Make the decision you think is best.

 

[spect]

I sent papers to rehabilitation. I sent papers to rehabilitation about a criminal record which at me never was. And alcohol it was driving administrative violation both in my country and in Canada would be too (0.06). I sent all papers from police where it is accurately written that not crime in my country and where it is accurately written 0.06 BAC and it is logical as in Canada it wouldn't be crime. In Canada after 0.08 - criminal punishment. Passed some months, the answer isn't present. I am afraid that there will be a refusal of immigration, but I wasn't judged never.

 

[spect]

Who and what will be able to advise? Thanks