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

[Jonatan vazquez]

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.

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.

RCW 9.41.171 felony class c washington state, i never use the gun police officers find the gun in my car because my exgirlfriend call 911 and let they know i has a gun in my car and where i was at the moment

 

[canuck_in_uk]

RCW 9.41.171 felony class c washington state, i never use the gun police officers find the gun in my car because my exgirlfriend call 911 and let they know i has a gun in my car and where i was at the moment

As I said, illegal possession of a firearm. You are inadmissible for 5 years from the end of your sentence

 

[Jonatan vazquez]

As I said, illegal possession of a firearm. You are inadmissible for 5 years from the end of your sentence

Thank you for your time

 

[LifeDreamer]

RCW 9.41.171 felony class c washington state, i never use the gun police officers find the gun in my car because my exgirlfriend call 911 and let they know i has a gun in my car and where i was at the moment

RCW 9.41.171 is not equivalent to unauthorized firearm possession under Canadian criminal code because immigration status is an element constituting the offense in the WA statute whereas the Canadian charge is not restricted to a certain class of people. The keywords here "every person commits an offense..etc". For this reason, a conviction under RCW 9.41.171 will not be considered in determining inadmissibility under section 36(2)(b) of the IRPA:

(2) A foreign national is inadmissible on grounds of criminality for

• (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

However this does not preclude a determination for inadmissibility under section 36(2)(c) of the IRPA which deals with the facts of the case alone that is a simple possession of a firearm without a license which constitutes an indictable offense in Canada. Section 36(2)(c) deals with inadmissibility on the reasonable suspicion you committed an offense that would be a crime in Canada, even if you were not arrested or convicted for the offense. However, the section will not apply unless the offense is also a crime in the place where it took place:

(2) A foreign national is inadmissible on grounds of criminality for

• (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament;

Washington state has a similar statute dealing with unlawful possession of a firearm but instead of requiring a license, it simply describes certain classes of people who are unauthorized to possess a firearm such as people with previous felony convictions, mental health issues, violence or domestic abuse ..etc. These conditions make this offense equivalent as such a person described by the statute is deemed to be unlicensed (not permitted) to possess a firearm. However, this statute does not apply to your case as you are not described by any of the classes at the time you were arrested, and therefore you obviously were not charged with a simple unlawful possession in WA as you did not commit such offense. Moving further ahead to review federal statutes under USC title 18 you will not find an equivalent offense to a simple possession of a firearm except in federal buildings and on foreign missions ..etc which was not your case. Moreover, title 18 has a special section S927 dealing with effect on state law for all firearm related offenses which states that it is not be construed as operating in exclusion of state law unless there is a direct conflict. This means that if local police did not charge you with simple unlawful possession under their own jurisdiction the federal law doesn't care. For this reason the offense may not be considered even under section 36(2)(c) of the IRPA.

If I were you I would gather all documents, get a legal opinion from an immigration lawyer in Canada and use that to submit a "for info" rehabilitation application. Then use the decision letter in any future application if it was favorable or appeal it with the help of an immigration lawyer. There is no need to wait 5 years.

I think you have been fortunate enough to benefit from the very liberal gun laws of the United States in your case, as almost every country in the world has strict firearm licensing except for maybe Yemen. Also, the fact that you didn't steal the firearm, conceal it, or used it in any bad way was very crucial in your case as you wouldn't have had an excuse due to your immigration status.

In the end, if ordinary Americans do what you have committed and then travel to Canada without issues why should you be any different?

Good luck!

 

[Pinning]

Hi,

I was deported last year by immigration after detecting at the Chicago POE that I obtain a B1/B2 visa to work rather than to visit. I wasn’t banned from re-entry and was told I only need to reapply for a Visa which I know is now very difficult to get but not impossible.

So my question is, will this affect my visa application if I were to apply for entry into Canada? And if I get a US Visa, would my details be removed from the list of deportees shared across other countries by the US?

 

[LifeDreamer]

Hi,

I was deported last year by immigration after detecting at the Chicago POE that I obtain a B1/B2 visa to work rather than to visit. I wasn’t banned from re-entry and was told I only need to reapply for a Visa which I know is now very difficult to get but not impossible.

So my question is, will this affect my visa application if I were to apply for entry into Canada? And if I get a US Visa, would my details be removed from the list of deportees shared across other countries by the US?

Yes it will affect your visa application to Canada and elsewhere. If you do get a US visa it will not affect the data shared with Canada and does not relieve you from declaring border denials where required. It is very unlikely either one will issue you a non-immigrant visa in the near future unless it is a work visa.

 

[scylla]

Hi,

I was deported last year by immigration after detecting at the Chicago POE that I obtain a B1/B2 visa to work rather than to visit. I wasn’t banned from re-entry and was told I only need to reapply for a Visa which I know is now very difficult to get but not impossible.

So my question is, will this affect my visa application if I were to apply for entry into Canada? And if I get a US Visa, would my details be removed from the list of deportees shared across other countries by the US?

You'll have to declare your refusal if you apply for a visa to Canada (the US and Canada share information). Even if you are later approved for a US visa, you will still have to declare the refusal as part of your history.

With a US refusal, it will be difficult for you to be approved for any sort of temporary visa to Canada (i.e. visitor, student visa, work permit). It won't stop you from applying for permanent residency provided you are 100% honest about your immigration history in the US.

 

[Pinning]

Thanks for the prompt responses. One final question please, aside the four countries the US (New Zealand, Canada, Australia and the UK) has information sharing arrangements with, what other countries are on the list please?

Thank you!

 

[LifeDreamer]

Thanks for the prompt responses. One final question please, aside the four countries the US (New Zealand, Canada, Australia and the UK) has information sharing arrangements with, what other countries are on the list please?

Thank you!

In your case it will be obvious to any foreign mission that you were denied entry to the US from just looking at your passport stamps. They will ask you for an explanation about it in your interview.

 

[Webber]

Hi my name is roger.I have been deported from USA last January due to overstay visa,I also have a misdemeanor charge of family violence,I completed my jail time 45 days ,I was supposed to be in probation for a year but ICE took me straight to the deportation camp.I have children over there.
Am about to get married to a Canadian citizen so I want to know if I can be eligible to immigrate to canada.

 

[LifeDreamer]

@Webber
In what state were you charged with the misdemeanor and do you have the the statute number for the offense?

 

[Webber]

It was in Georgia.what is the statute number ,is it on the court document ?

 

[LifeDreamer]

Yes. The section number for the offense in Georgia code. It looks like this § 400.159 and is put next to the charge name

 

[Webber]

1 count 1.) BFV ( first offense) 16-5-23

 

[Webber]

§ 400.159: I don't see any like this on my document
1 count 1.) Battery Family Violence ( first violence ) 16-5-23.1 (F)(2)
That is exactly what is written