Criminal Inadmissibility (indictable offense)

[kevp]

First off, let me say what an amazing resource this website is, and from what I've been reading it's a very supportive and friendly community. I received an answer last night to one of my "scary" questions as I call them and got a great answer. I have one other scary question, and ultimately, I already know part of the answer from reading through some threads via the search feature on here, and it ends in talking to an experienced immigration attorney, this much I understand. But am interested in the very knowledgeable feedback from this community, so here it goes....

I'm 38, and shortly after my 20th birthday I was arrested for trying to sell some pot. I was convicted and ultimately sentenced to 2 years in jail, 2 months to serve, and the balance of the 2 years suspended with probation. The crime was committed in Nov. 1992 but didn't get to trial until Jan. '94 and after time served including probation, I wrapped up this incident in Jan. '96. As I understand it, this is when the clock began ticking on my 10 year period before being able to be deemed rehabilitated. I had never or have not been arrested before or since. It's the only time I'd ever had a run-in with the law sans a lone speeding ticket in 2004, and that's it. I paid my debt and have stayed out of trouble my entire adult life. But here it is to haunt me again, this terrible lapse of judgment from a basically immature 19 y.o. kid.

I have my court docket with the conviction of poss. w/ int to dist. a class d subs. (marijuana) and the completion of my probation and am about to send in for my FBI report. This offense is an indictable offense in Canada that falls under the trafficking of marijuana less than 3 kg with a sentence of 5 years less a day.

How bad is this going to hurt me? I've read that it's truly up to the individual reviewing my application, and that some automatically reject, and allow the appeals process to handle it.

I am interested in any feedback from the members here on what they think.

Thanks, guys....

-Kevin

 

[patiently_waiting]

Hi KevP, I think you need to check out the criminal adminissibility section on the CIC website. Not 100% sure but I think you still may have to go through 'rehabilitation' which can be done 5 years after jail time which if I read your post right it would be January 2011?

I don't know a lot about it, but here is the link http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp I have a friend with a drink drive charge and although she didn't go to jail, she still must go through this process in order to come here on a visa.

Best of luck!

 

[kevp]

Hi KevP, I think you need to check out the criminal adminissibility section on the CIC website. Not 100% sure but I think you still may have to go through 'rehabilitation' which can be done 5 years after jail time which if I read your post right it would be January 2011?

I don't know a lot about it, but here is the link I have a friend with a drink drive charge and although she didn't go to jail, she still must go through this process in order to come here on a visa.

Best of luck!

Hi, thanks for the reply. Jail time was finished in March 1994 and probation finished in Jan 1996. So it's been 15 years since I completed all jail time and probation and 19 years since the crime was committed.

 

[patiently_waiting]

Hi, thanks for the reply. Jail time was finished in March 1994 and probation finished in Jan 1996. So it's been 15 years since I completed all jail time and probation and 19 years since the crime was committed.

Blonde Moment! You should be clear sailing once you apply for it then!

 

[kevp]

Blonde Moment! You should be clear sailing once you apply for it then!

Thanks again! But are you saying I should apply for rehabilitation, and not wait to see if the person reviewing the application deems me rehabilitated since it's been more than 10 years?

Let me summarize...

-As of January 2011 it will be 16 years since all sentences and probation have been completed

-Offense is punishable by a maximum term of 5 years less a day, per Canadian law

-It is a single offense and I've never been in trouble before or after.

 

[patiently_waiting]

Hey there, I think your best bet is to ask a lawyer or at a minimum call the CIC hotline before applying. I would hate for you to apply, wait ages for a response and then find out you have to. It is hard enough waiting for a response from them when you think you have done and A1 job of submitting the application, I couldn't imagine having to worry about additional information. They are pretty strict here about that stuff, and from what I read on the site it looks like you will have to based on their examples. I wish I could tell you better news but the CIC people should be ablel to answer that for you.

Keep us up to date on how you get on, best of luck!

 

[kevp]

Just a little more background on this for any of the members who would like to give some input, and all input is welcome! Since March of 2006 I have spent 22.5 months in Ontario.... '06 started with a 2 week stay and a 4 week stay and another 2 week stay... '07 saw a 2 week stay and an 8 week stay... and '08 started with the 6 month stays. '08 was March through first week of Sept., '09 was the same... and in '10, I came back in Jan. and we got married in London, ON in Jan. and stayed until mid July. So since March '06 I've spent almost two years living in Ontario. And will be going back for another six months in 3 weeks.