Criminal record and permanent residency

[webberty1983]

I am looking at starting the process for permanent residency to Canada. But I have a problem. When I was 18 I was arrested in the USA for a stupid mistake, but under USA law I recieved 4 years in prison. Even though the judge quoted in my sentencing he didnt believe I was a danger to community this was a sentence that by law had to be given. Now I was released in Nov, 2006. What I am wondering is in 4 months I have been out 5 years so I can apply for the rehabilitation route, I will have no problem proving I have been rehabilitated since I have been released. I have held down a full time job, have had my own place to live etc. This is my first and only offence. What would be the chances of ever getting permanent residency.
Thanks for any advice

 

[Mezo2009]

Webberty,

First of all, I recommend you refer to a lawyer, the following represents my opinion only, after a close examination of the Canadian Immigration and Refuge Act.

Close 36 of the act determines that people could become inadmissible of criminal grounds, however, I see three exceptions for your case:

1- you were minor at time of crime. 17 yrs old is minor in both the US and Canada jurisdiction.
2- By this, the law had provisioned that minors can not be inadmissible according to Youth Criminal Justice Act,
3- you are almost finishing your rehabilitation period, and once this is proved, the law provisions for the minister to grant you adminisibilty to Canada.

Nonetheless, it all narrows down to the specifics of the crime. Since, the law stipulates that the conviction/punishment has to be comparable to Canada to find grounds for admissibility or inadmissibility.

In all cases, you have to expect that your case, if filed, will take longer than normal cases as there has to be close scrutiny to your criminal record, the offense, the verdict and your rehabilitation record.

You might need to try to locate the Youth Criminal Justice Act, and check whether there's ground to consider your offense included by this act.

You can refer to article 36 of IRPA, yet, please consult a lawyer.

Good luck,

 

[Ismael5]

a stupid mistake, but under USA law I recieved 4 years in prison

4 years in prison may heart you lot please consult with lawyer or take a chance to apply and see what happen
because if you apply now or after 10 year, it will not make difference in decision of visa
what do you think ?

Ismael

 

[webberty1983]

Webberty,

First of all, I recommend you refer to a lawyer, the following represents my opinion only, after a close examination of the Canadian Immigration and Refuge Act.

Close 36 of the act determines that people could become inadmissible of criminal grounds, however, I see three exceptions for your case:

1- you were minor at time of crime. 17 yrs old is minor in both the US and Canada jurisdiction.
2- By this, the law had provisioned that minors can not be inadmissible according to Youth Criminal Justice Act,
3- you are almost finishing your rehabilitation period, and once this is proved, the law provisions for the minister to grant you adminisibilty to Canada.

Nonetheless, it all narrows down to the specifics of the crime. Since, the law stipulates that the conviction/punishment has to be comparable to Canada to find grounds for admissibility or inadmissibility.

In all cases, you have to expect that your case, if filed, will take longer than normal cases as there has to be close scrutiny to your criminal record, the offense, the verdict and your rehabilitation record.

You might need to try to locate the Youth Criminal Justice Act, and check whether there's ground to consider your offense included by this act.

You can refer to article 36 of IRPA, yet, please consult a lawyer.

Good luck,

Hi,
Thanks so much for the response. But unfortunatly I was 18 at the time of offence, not 17. So I think it will be the route of rehabilitation I would have to follow.
Ben