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Criminal Inadmissibility Help.

vektro1

Newbie
Oct 21, 2011
3
0
I'm 21 years of age, and currently living in the United States. I'm an illegal immigrant (I was brought at a young age by my mother.) My father is currently a Canadian citizen. We found common ground on which he agreed he would sponsor and help me immigrate to Canada. I've been going through applications, and there is one thing troubling me: the criminal inadmissibility. I was arrested for a stupid thing at work. (Minor misdemeanor: larceny [I stole a liquor bottle on a dare...]) I spent a day in jail, and did a few days of community service. A year has since has passed.

The question is - can this crime deem me inadmissible? Would I have to apply for rehabilitation and wait 5 years over such a petty charge? Will I have to go through the application process all over again after being "rehabilitated" (thus paying the application fees again)? Will I still be considered under as a under 22 years of age applicant (because my applications were sent at this age)? Is there any way I can avoid or lessen a negative outcome on grounds of reuniting with family?

A few other topics as well: Will there be any complications applying from the U.S. given my legal status here? I am a Russian citizen.
If I do get the visa, does it expire when my passport does?

Thank you in advance.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

vektro1 said:
I'm 21 years of age, and currently living in the United States. I'm an illegal immigrant (I was brought at a young age by my mother.) My father is currently a Canadian citizen. We found common ground on which he agreed he would sponsor and help me immigrate to Canada. I've been going through applications, and there is one thing troubling me: the criminal inadmissibility. I was arrested for a stupid thing at work. (Minor misdemeanor: larceny [I stole a liquor bottle on a dare...]) I spent a day in jail, and did a few days of community service. A year has since has passed.

The question is - can this crime deem me inadmissible? Would I have to apply for rehabilitation and wait 5 years over such a petty charge? Will I have to go through the application process all over again after being "rehabilitated" (thus paying the application fees again)? Will I still be considered under as a under 22 years of age applicant (because my applications were sent at this age)? Is there any way I can avoid or lessen a negative outcome on grounds of reuniting with family?

A few other topics as well: Will there be any complications applying from the U.S. given my legal status here? I am a Russian citizen.
If I do get the visa, does it expire when my passport does?

Thank you in advance.
1. The main question is, was your father a Canadian citizen at the time of your birth? If so, then you can apply for proof of Canadian citizenship.
2. If he wasn't a Canadian citizen at the time of your birth, did he emigrate to Canada after your birth? If so, if he declared you as a dependent and you were medically examined, then he can sponsor you if you are under 22. If you were not declared or examined, he can't sponsor you.
3. It is unlikely that your conviction will make you criminally inadmissible. Theft under $5000 is a summary offence in Canada.
4. if you are issued a visa, it is valid for 1 year after the date of your medical exam, or the expiry of the passport whichever comes first.
5. if you were not admitted to the US for 1 year on your original entry, the processing office will be Moscow.
6. Unless your application is received prior to your 22nd birthday, or you are in continuous studies prior to turn 22 you will not be consider a member of the family class.
 

vektro1

Newbie
Oct 21, 2011
3
0
Thank you!

PMM said:
Hi
5. if you were not admitted to the US for 1 year on your original entry, the processing office will be Moscow.
I came to the U.S. legally, but overstayed my visa. Is that what you meant?

I've been going through the applications, and from what I understand, they need information from my other family members, even if they aren't coming to Canada with me (in other words, they're totally irrelevant.) I have a younger brother (under 18), and a mother. Is it really necessary for her to obtain a Police Certificate for my application? (My mother and father have been divorced for a long time. She is not Canadian resident, nor citizen.)

4. if you are issued a visa, it is valid for 1 year after the date of your medical exam, or the expiry of the passport whichever comes first.
If it expires after 1 year, what does this mean? Will I have to renew it when residing in Canada?

Thank you in advance, once again.