Deported from USA. Will I be able to apply for Canada.

[Nadim zaman]

Thank you.so should I stay in USA ?and then send me back my country.if they send me back they will be torture me.

 

[Nadim zaman]

Now tell me guys what will I do?

 

[Buletruck]

Unfortunately, what you do now is up to you, but Canada isn't an option.

 

[Nadim zaman]

Thanks

 

[Robby562]

Hi i have a friend that was already removal from the US for about 7yr half back to Cambodia. Can he immagrate to canada? His charge with grand theft auto. He serve his time already in 2005. He was on probation for 3 yr but he was dismiss before within a yr because of good behavior. Was removal from the US on january 4, 2011.

 

[scylla]

Hi i have a friend that was already removal from the US for about 7yr half back to Cambodia. Can he immagrate to canada? His charge with grand theft auto. He serve his time already in 2005. He was on probation for 3 yr but he was dismiss before within a yr because of good behavior. Was removal from the US on january 4, 2011.

Yes - he can apply to immigrate to Canada if he qualifies. He will likely have to go through the rehabilitation process due to his past charge and should expect longer processing times.

 

[Robby562]

Thanks for the info. 1 more question. He also reopen his case and got his feloney dismiss too. If he did that already would his process going to canada would be much easier?

 

[Jonatan vazquez]

Hi my name is jonathan vazquez, i get deported from united states due to the charge “alien in possetion of a fire arm” i wondering if i still can travel or go to work/live in canada?

 

[torontosm]

Hi my name is jonathan vazquez, i get deported from united states due to the charge “alien in possetion of a fire arm” i wondering if i still can travel or go to work/live in canada?

Canada takes gun crimes VERY seriously. I doubt you have any chance to move here.

 

[LifeDreamer]

Hi my name is jonathan *******, i get deported from united states due to the charge “alien in possetion of a fire arm” i wondering if i still can travel or go to work/live in canada?

You may be admissible to Canada if the charge was solely on the basis of your nationality/immigration status at the time. Please share more details such as which state and the charge code and if there were any other charges so that I can assist you.

If you want a definitive answer you can send in a rehabilitation application and check "for information only" at the top.

 

[Buletruck]

I. POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON:
18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. May receive minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony.
Elements
A. Possession or receipt of a firearm or ammunition;
B. By a subject who falls within one of the following categories:
Felon - (Additionally, persons awaiting trial on felony charges are prohibited from receiving firearms.);
Drug user or addict - (Often shown where paraphernalia seized, subject tests positive for drugs and/or subject claims drugs were possessed for personal use.);
Alien - (Includes illegal aliens and aliens lawfully admitted under non-immigrant visas, i.e., those aliens not admitted for permanent residence. This provision does not prohibit aliens who lawfully possess a so-called “green card” from possessing guns or ammunition.);

Doubt it makes any difference as it’s seems to be covered under federal law, whether you are a legal or illegal alien. 10 years minimum. Most likely criminally inadmissible to Canada.

 

[LifeDreamer]

Doubt it makes any difference as it’s seems to be covered under federal law, whether you are a legal or illegal alien. 10 years minimum. Most likely criminally inadmissible to Canada.

There are many factors involved in making an assessment, however the level of the jurisdiction doesn't matter whether federal, tribal, state or even local city ordinances. The sentence guidelines also don't matter because it is a foreign jurisdiction.

 

[canuck_in_uk]

Hi my name is jonathan vazquez, i get deported from united states due to the charge “alien in possetion of a fire arm” i wondering if i still can travel or go to work/live in canada?

This would likely be equated with a charge of illegal possesson of a firearm in Canada; that is a hybrid offence, so for the purposes of IRCC, it will be treated as indictible.

That would make you inadmissible to Canada for 5 years from the end of your sentence.

 

[LifeDreamer]

Unauthorized possession of firearm

• 91 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of
  
  • (a) a licence under which the person may possess it; and
    
    
  • (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
    
• Marginal note:Unauthorized possession of prohibited weapon or restricted weapon
  (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

There is nothing related to a person's immigration status or citizenship in the quoted language although foreign nationals are prohibited from obtaining a license in the first place making such a distinction unnecessary. We don't know about his circumstances and it is quite possible that he acquired the firearm legally and was in possession of a valid license or registration, as many jurisdictions in the US don't ask or verify a person's immigration status for their services in so called "sanctuary cities" hence why he was probably charged with "alien in possession" rather than a simple possession charge.

All is contingent on what is on the police reports and the court records of course. So let's not jump the gun and declare him inadmissible without knowing the facts, pun intended.

 

[Buletruck]

Doesn't really matter what the law is in the relevant US jurisdiction. It's what the equivalent offence would be in Canada (which is why DUI is a big deal for Canadian Immigration, but not an issue in many US jurisdictions).

http://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-36.html

Possession Offences
Marginal note possession of weapon for dangerous purpose

• 88 (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
  
  
• Marginal note punishment
  (2) Every person who commits an offence under subsection (1)
  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
    
    
  • (b) is guilty of an offence punishable on summary conviction.