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CRIMINAL REHABILITATION??? PLEASE HELP...EXPERIENCE??

ilovepvr

Star Member
Feb 26, 2014
55
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mexico city
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02-05-2014
HELLO!!! :D ;D :)

Quick question about criminal rehabilitation process... My husband has a DUI charge from US. It has been past 5 years since he completed the sentencing for it, so he is eligible for criminal rehabilitation.

My question is...Do i apply for rehabiltation before we begin the PR application process??? (before i even apply to be approved as sponsor and everything...because I was going to apply to be approved as sponsor and his spousal sponsorship all at once.)

Or can I apply for rehabilitation all at once...when i send my approval as sponsor and the spousal sponsorship???

Thanks all! :)

Stay blessed :)
 

truesmile

Champion Member
Jun 7, 2012
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AOR Received.
18-07-2012
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24-07-2012
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18-05-2012
Interview........
WAIVED
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05-12-2012
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08-01-2013
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Yes, it's my understanding that you apply for criminal rehabilitation BEFORE you start your application for PR. Incidentally, the applications to be approved as sponsor and for spousal sponsorship ARE both sent in at the same time. You have no choice on that matter.
 

bartjones

Champion Member
Jan 5, 2013
1,071
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Manila
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03/08/2013
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none
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09/09/2014
You can apply for criminal rehabilitation before or with the permanent residence application. If your husband lives somewhere close to a Canadian port of entry, you can also submit the criminal rehabilitation application at the CBSA office at the border where it will be processed much quicker.
 

ilovepvr

Star Member
Feb 26, 2014
55
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mexico city
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Thanks alot!
 

ilovepvr

Star Member
Feb 26, 2014
55
2
Category........
Visa Office......
mexico city
Job Offer........
Pre-Assessed..
Med's Done....
02-05-2014
I was looking at the website and the application to apply for rehabilatation...and they require documents on sentencing any court documents etc etc. This was over 7 years ago. My husband does not have any of this information. Also, Its not like he can contact the authorities and get the information either. He is back in Mexico now...his charge was in the USA.

So would it be okay to just submit the FBI clearance and with a letter of explanation? Explaining details as to how we tried to get the information??
 

bartjones

Champion Member
Jan 5, 2013
1,071
62
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
03/08/2013
Doc's Request.
08/27/2013 and 12/20/13 and 07/24/14
AOR Received.
16/03/2013
File Transfer...
04/04/13
Med's Done....
29/01/2013 redone 13/02/14 and 25/03/14
Interview........
none
Passport Req..
N/A
VISA ISSUED...
2014/08/27
LANDED..........
09/09/2014
ilovepvr said:
I was looking at the website and the application to apply for rehabilatation...and they require documents on sentencing any court documents etc etc. This was over 7 years ago. My husband does not have any of this information. Also, Its not like he can contact the authorities and get the information either. He is back in Mexico now...his charge was in the USA.

So would it be okay to just submit the FBI clearance and with a letter of explanation? Explaining details as to how we tried to get the information??
I would certainly make a serious effort to obtain the court documents. They are a required part of the application. The records will still be available in the jurisdiction where he was convicted. I would call, write or fax a letter to the court where he was convicted asking how to obtain the documentation. In all likelihood there is a way to get your hands on it. If the answer is that they can't give it to you or it would be very difficult to get it to you, then you could include that information in your criminal rehabilitation application and hope that CIC accepts that. Of course, they may not.

In my wife's case, it was also a DUI from 6 years ago in South Korea. We're both in Canada now so it wasn't easy to obtain the court records, but we eventually did.

Remember that applications for criminal rehabilitation are very low priority items for CIC and can take up to a year to process. The last thing you want to do is submit an incomplete application and make your processing time even longer. Good luck.
 
Dec 3, 2013
5
0
to ilovepvr:

My husband was in the same situation, he had a criminal past in the US and now lives in South America. They absolutely will request the court documents for the sake of the rehabilitation application, the FBI clearance is not enough. If you do not try to get them and are not able to prove that you did, they might consider your application for rehabilitation incomplete which can be the reason they refuse him rehabilitation.

You can contact the court covering the county where he was arrested and pay a minimal fee to have certified copies of the court documents mailed to you, you might even be able to do it through an online request system, most of California has that service, i'm not sure about other States, you could call them and ask. At no point in time will your husband have to physically go there, we were able to do this completely over the internet.

And yes!! get this done before you send your spousal and permanent resident application in as it can take anywhere between a few months to a year just for the rehabilitation application, depending on how busy they are.

Good luck!
 

ilovepvr

Star Member
Feb 26, 2014
55
2
Category........
Visa Office......
mexico city
Job Offer........
Pre-Assessed..
Med's Done....
02-05-2014