+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Criminal inadmissibility

Pikachu7

Newbie
Oct 21, 2022
3
0
Hello,
I have a long history of being in Canada starting 2013. I was studying until 2018 and couldn’t maintain my status and ended up overstaying. In February 2022, officers came to door with warrant and i surrendered myself for Domestic assault. As soon as i did that i knew i was in trouble. Looks like i’ll be charged 1 year sentence + 3 years probation. (When i was in jail i was told minister wants to issue exclusion order)
I’m thinking to take plea deal
my question is:
Imm married to Canadian citizen and my wife is pregnant will that help me stay here? Just want to know if their’s anything possible for me to do or just wait for everything to end just get a ticket? Or cannot
 

scylla

VIP Member
Jun 8, 2010
97,266
23,088
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello,
I have a long history of being in Canada starting 2013. I was studying until 2018 and couldn’t maintain my status and ended up overstaying. In February 2022, officers came to door with warrant and i surrendered myself for Domestic assault. As soon as i did that i knew i was in trouble. Looks like i’ll be charged 1 year sentence + 3 years probation. (When i was in jail i was told minister wants to issue exclusion order)
I’m thinking to take plea deal
my question is:
Imm married to Canadian citizen and my wife is pregnant will that help me stay here? Just want to know if their’s anything possible for me to do or just wait for everything to end just get a ticket? Or cannot
You need to be working with a lawyer.
 

Masjuy

Hero Member
Dec 6, 2020
283
89
Hello,
I have a long history of being in Canada starting 2013. I was studying until 2018 and couldn’t maintain my status and ended up overstaying. In February 2022, officers came to door with warrant and i surrendered myself for Domestic assault. As soon as i did that i knew i was in trouble. Looks like i’ll be charged 1 year sentence + 3 years probation. (When i was in jail i was told minister wants to issue exclusion order)
I’m thinking to take plea deal
my question is:
Imm married to Canadian citizen and my wife is pregnant will that help me stay here? Just want to know if their’s anything possible for me to do or just wait for everything to end just get a ticket? Or cannot
You should find a criminal lawyer. You do not have status plus you might serve your sentence or whatever they will charge you with. Then you are in risk of being deported. My ex had similar situation
 
  • Like
Reactions: Simba112

moscatojuices

Champion Member
Feb 21, 2022
1,566
785
You should find a criminal lawyer. You do not have status plus you might serve your sentence or whatever they will charge you with. Then you are in risk of being deported. My ex had similar situation
Definitely he needs to find both a criminal lawyer as well as a migration lawyer who knows all about H&C applications.

The thing that sets this case apart is that he is married and has a child with a Canadian citizen, so the best interests of the child potentially gives him leeway.

OP may I ask, how did you manage to: 1) Overstay, 2) Marry a Canadian/have a child during the process, and 3) Not apply for spousal PR?

Also, you sound like you won't just "get a ticket" - this isn't some speeding violation. Your life is going to be hell and looks like H&C with your wife's support is your only way out of the enormous hole you've dug yourself in.
 

Masjuy

Hero Member
Dec 6, 2020
283
89
Definitely he needs to find both a criminal lawyer as well as a migration lawyer who knows all about H&C applications.

The thing that sets this case apart is that he is married and has a child with a Canadian citizen, so the best interests of the child potentially gives him leeway.

OP may I ask, how did you manage to: 1) Overstay, 2) Marry a Canadian/have a child during the process, and 3) Not apply for spousal PR?

Also, you sound like you won't just "get a ticket" - this isn't some speeding violation. Your life is going to be hell and looks like H&C with your wife's support is your only way out of the enormous hole you've dug yourself in.
Well I assumed that he is married already to Canadian girl and in the same time he is charged with domestic violence ( abused her). Criminal lawyer is about 10 grands and immigration lawyer would cost a fortune in this case. I am very pessimistic in this situation.
 

moscatojuices

Champion Member
Feb 21, 2022
1,566
785
Well I assumed that he is married already to Canadian girl and in the same time he is charged with domestic violence ( abused her). Criminal lawyer is about 10 grands and immigration lawyer would cost a fortune in this case. I am very pessimistic in this situation.
Yes, but like I said, what's different here is the husband and father of Canadian citizens. Hence there are reasons to not deport him.

This one is very tricky indeed - his life will be hell for years and the lawyers are going to earn their money. Cases of this complexity take years and I wouldn't be surprised if his lawyer bills end up being $100k+.

I think what will be pivotal is whether he can show he's been a good father and whether the wife supports him during the cases.
 
  • Like
Reactions: Masjuy

Simba112

VIP Member
Mar 25, 2021
4,532
1,678
Yes, but like I said, what's different here is the husband and father of Canadian citizens. Hence there are reasons to not deport him.

This one is very tricky indeed - his life will be hell for years and the lawyers are going to earn their money. Cases of this complexity take years and I wouldn't be surprised if his lawyer bills end up being $100k+.

I think what will be pivotal is whether he can show he's been a good father and whether the wife supports him during the cases.
The moment he is sentenced, that complicates the whole situation. I have seen people deported and they have Canadian citizen spouse and child(ren). Having a Canadian Citizen Spouse can not guarantee put stop to an exclusion order.
 

Copingwithlife

VIP Member
Jul 29, 2018
4,727
2,425
Earth
Yes, but like I said, what's different here is the husband and father of Canadian citizens. Hence there are reasons to not deport him.

This one is very tricky indeed - his life will be hell for years and the lawyers are going to earn their money. Cases of this complexity take years and I wouldn't be surprised if his lawyer bills end up being $100k+.

I think what will be pivotal is whether he can show he's been a good father and whether the wife supports him during the cases.
That’s ridiculous reasoning . Just having a Canadian spouse and or kids should not be the sole reason someone gets a pass or a get out of jail card , on Domestic Assault and be able to stay . If that’s the case , someone could beat their spouse to an inch of their life and be allowed to stay, based upon the sole reason their spouse are Canadian citizens . Here’s a tip . If a spouse knocks their partner around the chances of them being a good parents are basically slim to none
And his life being hell , or how much money he’s going to have to pay in lawyers fees in this mess , he solely created is IRRELEVANT. You’re making it sound that individuals should feel sympathy for someone convicted . Correct me if I’m wrong . It’s not the 60’s, 70’s, or 80’s here . It’s 2022
And don’t use the term “ Good father”
That’s actually an insult to the good fathers out . Where do a lot of kids learn the cycle of abuse ? From quote , so called “ Good Fathers “ . Give me a bloody break.
All the o/p is hoping for is a reason to stay . He’s been here close to 10 years . Half the time w/out authorization. Everything has been about him .He hasn’t stated one THING about the condition or support of his spouse. Not one.
I grew up in an abusive household . The ONLY person that benefits from these situations are the therapists that later on life have to deal and bill money for the bloody mess created by the abusers
 
Last edited:
  • Like
Reactions: Simba112 and Masjuy

moscatojuices

Champion Member
Feb 21, 2022
1,566
785
That’s ridiculous reasoning . Just having a Canadian spouse and or kids should not be the sole reason someone gets a pass or a get out of jail card , on Domestic Assault and be able to stay . If that’s the case , someone could beat their spouse to an inch of their life and be allowed to stay, based upon the sole reason their spouse are Canadian citizens . Here’s a tip . If a spouse knocks their partner around the chances of them being a good parents are basically slim to none
And his life being hell , or how much money he’s going to have to pay in lawyers fees in this mess , he solely created is IRRELEVANT. You’re making it sound that individuals should feel sympathy for someone convicted . Correct me if I’m wrong . It’s not the 60’s, 70’s, or 80’s here . It’s 2022
And don’t use the term “ Good father”
That’s actually an insult to the good fathers out . Where do a lot of kids learn the cycle of abuse ? From quote , so called “ Good Fathers “ . Give me a bloody break.
All the o/p is hoping for is a reason to stay . He’s been here close to 10 years . Half the time w/out authorization. Everything has been about him .He hasn’t stated one THING about the condition or support of his spouse. Not one.
I grew up in an abusive household . The ONLY person that benefits from these situations are the therapists that later on life have to deal and bill money for the bloody mess created by the abusers
The reasoning is ridiculous, but then there is the law.

In this case, he is the father of a Canadian child and the husband of a Canadian citizen. I am not saying this is the sole reason he will get to stay, but the best interests of a child are valid reasons for an H&C application. As you said, he has been here half the time w/o authorization and he has admitted to committing a crime. All of that will need to be weighed together by the arbitrators of the various avenues of appeal/asylum claims. He may not succeed, but he has rightly or wrong he has legal rights to make a claim as that is simply the law.
 
Last edited:

Copingwithlife

VIP Member
Jul 29, 2018
4,727
2,425
Earth
So clearly you're very emotional about this post and I get that, but let's separate a few things.

Your or my view of what constitutes "ridiculous reasoning" is irrelevant. The other day I took a break at work and went downstairs for fresh air. There was a lovely woman next to me having a cigarette. We got talking, and turns out she was a CBSA removals officer. She told me there are people who come to Canadian ports of entry claiming their life is in danger because "someone across the street yelled at me" and that gives them rights under Canadian law to apply for asylum.

Simply because they got yelled at. The reasoning is ridiculous, but then there is the law.

In this case, he is the father of a Canadian child and the husband of a Canadian citizen. I am not saying this is the sole reason he will get to stay, but the best interests of a child are valid reasons for an H&C application. As you said, he has been here half the time w/o authorization and he has admitted to committing a crime. All of that will need to be weighed together by the arbitrators of the various avenues of appeal/asylum claims. He may not succeed, but he has rightly or wrong he has legal rights to make a claim as that is simply the law.

Also, again I get you're emotional as you gave some background, and I didn't say he has been a good father. I merely stated the case may be contingent on if he has been a good father and if he shows remorse and if his wife wants him to stay, because despite what happened, love is complicated.

You say that he hasn't stated "one THING about the condition or support of his spouse" but that doesn't mean it isn't there. Obviously with a situation this complicated and him posting such little detail, his statements/explanations are incomplete. For all we know, she instigated the fight by assaulting him first but he left this out. She could have coerced/manipulated him to stay in Canada without status promising him PR if he has a child with her. We cannot rush to make judgements here because you don't know the full picture.

FYI: I was the victim of false DV allegations from my ex-wife back in my home country. One day we woke up to police reports and legal threats - completely out of the blue. Me and my family had done everything for her: making food she liked every day, driving her around and doing the dishes for her. Total queen treatment. I paid for all our expenses until she could get settled and helped her get a good job. And then, all of a sudden, she left my house and started extorting me. She demanded money, possession of the house I bought, and that I sponsor her brother and parents and pay for their healthcare and education. Literally just like that - like it had all been planned.

So I revoked my sponsorship for her visa before the application was processed and guess what? She got PR, because under the law she could make a whole bunch of unfounded claims. I was never charged by police, but they did come speak to me and looked at my phone, not a single abusive message. It was all normal relationship lovey dovey messages and "what do you want for dinner honey?" The constable was gobsmacked and even said: "I'm sorry to say this, but it's probably a good thing she left you before you had kids. She's a pyscho."

BUT, under the law, the immigration officer in my home country had discretion hear her story, see her crocodile tears and have her visa approved. Ridiculous reasoning. But then there's the law. Remember that.

4 years of my life and close to $100k wasted on a wedding and trips to Maldives and Asia etc. when I could have just married a local, but oh well, I'm in Canada now and life is good.

So I am very, very careful not to make immediate judgements when I see these stories because I see many, many men whose lives have been destroyed. Because like the CBSA agent said, all someone has to do is say "they yelled at me from across the street" and then various instruments of the law give you rights and protections to make your claims.
Spare me the passive aggressive BS. And DONT perceive to tell me how I feel .
I stopped reading your post right then .

I stand by my comment
 

moscatojuices

Champion Member
Feb 21, 2022
1,566
785
Spare me the passive aggressive BS. And DONT perceive to tell me how I feel .
I stopped reading your post right then .

I stand by my comment
I stand by mine, so there you go. I'm not here to appease you, please you, or agree with you.

You are exactly the type of person that I hope will never end up in the justice system - because what you've demonstrated with your remarks on this thread is nothing short of "trial by social media" whereby you make immediate judgements about someone's admissibility based on one fragment of a much larger story.

Purely on the grounds the OP is the father of a Canadian child, he has rights to a H&C claim. It's not looking good at all for him, but the law always generally allows avenues of appeal/stay where a child or risk of persecution from deportation is involved.

The rest is up to him, how good his lawyer/public defender is, and what happens in court.

End of story.
 

Simba112

VIP Member
Mar 25, 2021
4,532
1,678
So clearly you're very emotional about this post and I get that, but let's separate a few things.

Your or my view of what constitutes "ridiculous reasoning" is irrelevant. The other day I took a break at work and went downstairs for fresh air. There was a lovely woman next to me having a cigarette. We got talking, and turns out she was a CBSA removals officer. She told me there are people who come to Canadian ports of entry claiming their life is in danger because "someone across the street yelled at me" and that gives them rights under Canadian law to apply for asylum.

Simply because they got yelled at. The reasoning is ridiculous, but then there is the law.

In this case, he is the father of a Canadian child and the husband of a Canadian citizen. I am not saying this is the sole reason he will get to stay, but the best interests of a child are valid reasons for an H&C application. As you said, he has been here half the time w/o authorization and he has admitted to committing a crime. All of that will need to be weighed together by the arbitrators of the various avenues of appeal/asylum claims. He may not succeed, but he has rightly or wrong he has legal rights to make a claim as that is simply the law.

Also, again I get you're emotional as you gave some background, and I didn't say he has been a good father. I merely stated the case may be contingent on if he has been a good father and if he shows remorse and if his wife wants him to stay, because despite what happened, love is complicated.

You say that he hasn't stated "one THING about the condition or support of his spouse" but that doesn't mean it isn't there. Obviously with a situation this complicated and him posting such little detail, his statements/explanations are incomplete. For all we know, she instigated the fight by assaulting him first but he left this out. She could have coerced/manipulated him to stay in Canada without status promising him PR if he has a child with her. We cannot rush to make judgements here because you don't know the full picture.

FYI: I was the victim of false DV allegations from my ex-wife back in my home country. One day we woke up to police reports and legal threats - completely out of the blue. Me and my family had done everything for her: making food she liked every day, driving her around and doing the dishes for her. Total queen treatment. I paid for all our expenses until she could get settled and helped her get a good job. And then, all of a sudden, she left my house and started extorting me. She demanded money, possession of the house I bought, and that I sponsor her brother and parents and pay for their healthcare and education. Literally just like that - like it had all been planned.

So I revoked my sponsorship for her visa before the application was processed and guess what? She got PR, because under the law she could make a whole bunch of unfounded claims. I was never charged by police, but they did come speak to me and looked at my phone, not a single abusive message. It was all normal relationship lovey dovey messages and "what do you want for dinner honey?" The constable was gobsmacked and even said: "I'm sorry to say this, but it's probably a good thing she left you before you had kids. She's a pyscho."

BUT, under the law, the immigration officer in my home country had discretion hear her story, see her crocodile tears and have her visa approved. Ridiculous reasoning. But then there's the law. Remember that.

4 years of my life and close to $100k wasted on a wedding and trips to Maldives and Asia etc. when I could have just married a local, but oh well, I'm in Canada now and life is good.

So I am very, very careful not to make immediate judgements when I see these stories because I see many, many men whose lives have been destroyed. Because like the CBSA agent said, all someone has to do is say "they yelled at me from across the street" and then various instruments of the law give you rights and protections to make your claims.
Again officer will weigh best interest of the child with criminal inadmissibility, imo criminal inadmissibility carry more weigh because of danger to the public factor. Best interest of a child is just one factor among many to consider. Hope your next comment will be short, not an essay with irrelevant information but interpretation of law and guidelines.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/dealing-with-inadmissibility/criminal-inadmissibilities-a36-1-a36-2.html
 
  • Like
Reactions: Buletruck

moscatojuices

Champion Member
Feb 21, 2022
1,566
785
Again officer will weigh best interest of the child with criminal inadmissibility, imo criminal inadmissibility carry more weigh because of danger to the public factor. Best interest of a child is just one factor among many to consider. Hope your next comment will be short, not an essay with irrelevant information but interpretation of law and guidelines.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/dealing-with-inadmissibility/criminal-inadmissibilities-a36-1-a36-2.html
I have my own way of explaining things and it provided context so if you don't read it, sorry about that.

But yes I pointed this out in my post and thanks for the link.

I agree with your comments - the crime will outweigh most other factors in his case. The website does state: "...whether the conviction is an isolated incident or part of a pattern of criminality."
 

Pikachu7

Newbie
Oct 21, 2022
3
0
Thank you for all the posts. I want to reply to everyone but not enough time.
1. I wasn’t here out of status half the time (I have permits and renewals).
2. I’m trying my best to be with my kid that’s all.
if i’m deported I don’t mind. I just don’t want to waste my time in this country i have things i can do where i come from.
3. There could a millions reasons why i’m in this mess but all i need to know is there anyway me married to a canadian and me having a baby allows me to be in this country ? I’ll be convicted on summary charges.

For, the person saying things. Please, you have no idea if accusations are true or not.
Thank you everyone
 

Pikachu7

Newbie
Oct 21, 2022
3
0
Definitely he needs to find both a criminal lawyer as well as a migration lawyer who knows all about H&C applications.

The thing that sets this case apart is that he is married and has a child with a Canadian citizen, so the best interests of the child potentially gives him leeway.

OP may I ask, how did you manage to: 1) Overstay, 2) Marry a Canadian/have a child during the process, and 3) Not apply for spousal PR?

Also, you sound like you won't just "get a ticket" - this isn't some speeding violation. Your life is going to be hell and looks like H&C with your wife's support is your only way out of the enormous hole you've dug yourself in.
i know. I’m looking for solutions because i care about my current partner and kid. That’s all.