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

LifeDreamer

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Feb 14, 2018
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THE DIU was charge to the FAKE ID, after that this person stop using fake papers , but all DIU rehabiitation documents are with the fake id name, was never charge or convicted for the fake id, will become inadmisible?
If this fact was known or has been now known to the judicial authorities where the DUI was disposed, then the person is admissible. If this fact was covered up in court proceedings and is still concealed to this moment, then the person is inadmissible for having committed an act that is an offense where it was committed. If, for example, you voluntarily correct the data with your real name and no further charges are brought as a result of this, then the person becomes admissible. Also, there are statutes of limitations regarding how far back you can be charged with using the fake Id and it varies between states so if the period has already elapsed you can safely update the information and then proceed to apply to Canada.

In any case, the previously used name must be declared on the application as having been known by a different name, and this will undoubtedly induce a line of inquiry into the circumstances. Please note that fingerprints are collected for purposes of background checks and the records will inevitably be discovered along with the different alias used.
 
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Sep 14, 2018
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Hi
I had some gf issues so got dui 1st covicted nd and aggravated misdemenor (forgery) with 90 days suspended jail nd 1 year of unsupervised probation in iowa. Nd my presence was legal on study visa but was deported from u.s.
I wanna know if I am eligible to get canada work or tourist or any visa?

Do I need to inform all on visa papers?I don't want to remember my past.

Help will be appreciated .
 

LifeDreamer

Hero Member
Feb 14, 2018
499
122
Hi
I had some gf issues so got dui 1st covicted nd and aggravated misdemenor (forgery) with 90 days suspended jail nd 1 year of unsupervised probation in iowa. Nd my presence was legal on study visa but was deported from u.s.
I wanna know if I am eligible to get canada work or tourist or any visa?
You are inadmissible to the US because of the forgery and will continue to be so for at least 15 years before you can file an inadmissibility waiver.

You are also currently inadmissible to Canada because of the DUI and the forgery. You will continue to be inadmissible for 5 years after your probation period ends before you can file a rehabilitation application.

Do I need to inform all on visa papers?I don't want to remember my past.
Yes, of course. Unfortunately the DUI and forgery will follow you for the rest of your life.
 
Sep 14, 2018
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You are inadmissible to the US because of the forgery and will continue to be so for at least 15 years before you can file an inadmissibility waiver.

You are also currently inadmissible to Canada because of the DUI and the forgery. You will continue to be inadmissible for 5 years after your probation period ends before you can file a rehabilitation application.



Yes, of course. Unfortunately the DUI and forgery will follow you for the rest of your life.
If it will change the scenes or will it be little helpful if m married to a u.s citizen in u.s while I was on visa there?
 

LifeDreamer

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Feb 14, 2018
499
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If it will change the scenes or will it be little helpful if m married to a u.s citizen in u.s while I was on visa there?
Yes, if married to a U.S. citizen you qualify to file an inadmissibility waiver now without waiting for 15 years to pass. It is not always granted though because it is contingent on showing hardship to a U.S. spouse i.e. they are dependent on you because of social or medical reasons.
 
Sep 14, 2018
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But it dosnt help to come to canda even on no immigrant visa right? I mean having a u.s wife. What is mean by passport was blacklisted my home airport told me when I arrived back. After this long can I travel on the same passport or it is in blacklist still?
Sorry for lots of questions. It was last. Nd thank u very much for ur help.

Good day
 

Wonderland_1010

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Aug 24, 2015
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But it dosnt help to come to canda even on no immigrant visa right? I mean having a u.s wife. What is mean by passport was blacklisted my home airport told me when I arrived back. After this long can I travel on the same passport or it is in blacklist still?
Sorry for lots of questions. It was last. Nd thank u very much for ur help.

Good day
You can travel with your passport but your future Visa applications will be denied that's for sure.
 

meyakanor

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Jul 26, 2013
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Visa Office......
CPP-Ottawa
App. Filed.......
16-02-2012
Doc's Request.
26-02-2013
AOR Received.
21-03-2012
Med's Request
21-03-2013
Passport Req..
16-04-2013
VISA ISSUED...
29-04-2013
LANDED..........
16-05-2013
But it dosnt help to come to canda even on no immigrant visa right? I mean having a u.s wife. What is mean by passport was blacklisted my home airport told me when I arrived back. After this long can I travel on the same passport or it is in blacklist still?
Sorry for lots of questions. It was last. Nd thank u very much for ur help.

Good day
As LifeDreamer said, for Canada, you need to wait 5 years before you can apply for some form of rehabilitation (because of DUI and aggravated misdemeanor).

DUI is an indictable offence in Canada, which makes you inadmissible, and forgery, I'm not sure what the equivalent would be in the Canadian law, but the DUI alone is enough to make you inadmissible, and you need to wait for at least five years before applying for any form of rehabilitation.

US citizen wife would not help when it comes to Canadian immigration.

But for US immigration, you can apply right now (also as LifeDreamer said) for immigrant waiver (I-601), since you're married to a US citizen spouse, though there is no guarantee (it's based on extreme hardship for qualifying relatives, of which US citizen spouse is one), otherwise, you would not qualify to apply for US immigrant waiver for the next 15 years.

EDIT: I'm not sure anymore about being able to apply for a US immigrant waiver right now, since in the instructions for I-601, it says that 'multiple criminal convictions' cannot be waived (DUI + forgery count as multiple criminal convictions? even though DUI alone does not make one inadmissible to the US).
 

LifeDreamer

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Feb 14, 2018
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EDIT: I'm not sure anymore about being able to apply for a US immigrant waiver right now, since in the instructions for I-601, it says that 'multiple criminal convictions' cannot be waived (DUI + forgery count as multiple criminal convictions? even though DUI alone does not make one inadmissible to the US).
The applicant here is still qualified. Multiple criminal convictions here means multiple crimes of moral turpitude and the OP only has a single one (forgery). U.S. immigration law does not recognize other lesser crimes and they have no effect on one's status or eligibility of any visa.
 
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LifeDreamer

Hero Member
Feb 14, 2018
499
122
But it dosnt help to come to canda even on no immigrant visa right? I mean having a u.s wife. What is mean by passport was blacklisted my home airport told me when I arrived back. After this long can I travel on the same passport or it is in blacklist still?
Sorry for lots of questions. It was last. Nd thank u very much for ur help.

Good day
No, you're U.S. wife cannot help you with admission into Canada. She's in fact inadmissible herself and cannot travel or apply for any visa to Canada as she's the spouse of an inadmissible person.

Your passport issue is not related to what happened in the US. The authorities there cannot do anything to your passport and it should be valid. I think it is your home country who might have learned about your deportation and flagged you in their systems, so you should inquire and make sure you're not under any kind of restriction.
 

meyakanor

Hero Member
Jul 26, 2013
519
109
Visa Office......
CPP-Ottawa
App. Filed.......
16-02-2012
Doc's Request.
26-02-2013
AOR Received.
21-03-2012
Med's Request
21-03-2013
Passport Req..
16-04-2013
VISA ISSUED...
29-04-2013
LANDED..........
16-05-2013
The applicant here is still qualified. Multiple criminal convictions here means multiple crimes of moral turpitude and the OP only has a single one (forgery). U.S. immigration law does not recognize other lesser crimes and they have no effect on one's status or eligibility of any visa.
This is interesting.

So DUI is not even a crime of moral turpitude in the USA, but just recently in Canada, DUI has been made to fall under 'serious criminality', so even Canadian permanent residents (not just foreign nationals) become inadmissible upon DUI conviction.

So this person actually has to wait for 5 years before he can even apply for rehabilitation for Canada, but is already qualified to apply for US immigrant waiver (and also I-212 for deportation) because he's married to a US citizen.

Of course there is no guarantee that he would even be granted waivers, but this is indeed very interesting.
 

LifeDreamer

Hero Member
Feb 14, 2018
499
122
This is interesting.

So DUI is not even a crime of moral turpitude in the USA, but just recently in Canada, DUI has been made to fall under 'serious criminality', so even Canadian permanent residents (not just foreign nationals) become inadmissible upon DUI conviction.

So this person actually has to wait for 5 years before he can even apply for rehabilitation for Canada, but is already qualified to apply for US immigrant waiver (and also I-212 for deportation) because he's married to a US citizen.

Of course there is no guarantee that he would even be granted waivers, but this is indeed very interesting.
A DUI can be considered a crime of moral turpitude in the US if it involved an accident and injury/death to the other person. Or if the driver was tested with a very high BAC.

There is also one more aspect to the situation in Canada, if we assume the OP is married to a Canadian citizen he's not even eligible to appeal the inadmissibility. From that point it would only be possible for the spouse to apply for H&C application which is similar to the waiver process in the US.
 

meyakanor

Hero Member
Jul 26, 2013
519
109
Visa Office......
CPP-Ottawa
App. Filed.......
16-02-2012
Doc's Request.
26-02-2013
AOR Received.
21-03-2012
Med's Request
21-03-2013
Passport Req..
16-04-2013
VISA ISSUED...
29-04-2013
LANDED..........
16-05-2013
A DUI can be considered a crime of moral turpitude in the US if it involved an accident and injury/death to the other person. Or if the driver was tested with a very high BAC.

There is also one more aspect to the situation in Canada, if we assume the OP is married to a Canadian citizen he's not even eligible to appeal the inadmissibility. From that point it would only be possible for the spouse to apply for H&C application which is similar to the waiver process in the US.
Thanks. It's been a very illuminating discussion.

It's unfortunate that he currently has no recourse for Canada, at least not for the next 5 years. But it is what it is I guess.
 

oneindianguy

Newbie
Oct 10, 2018
7
0
Hello Guys
i was Permanent Resident of US. My wife is US citizen and my kids are born in US so of course they carry US passports as well. In 2009 some undercover detective acted as a minnor on yahoo chat which engaged me talking to her. it was only a chat where they busted me as talking to a minnor which actually wasnt a minnor it was a cop. They put me on sexual charges with minnor. I got away with no jail time just a parol and probation. In 2011 they deported me back to India. So since then i m in India i am well settled here with family here as well. Just want to attend some function in Canada. what are my chances to get approved i can show my companies and finacial stability here as well. please do advice i mean if there is no chance i dont want to get rejection stamp on my passport at all. please advice.

thanks
 

scylla

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Jun 8, 2010
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Hello Guys
i was Permanent Resident of US. My wife is US citizen and my kids are born in US so of course they carry US passports as well. In 2009 some undercover detective acted as a minnor on yahoo chat which engaged me talking to her. it was only a chat where they busted me as talking to a minnor which actually wasnt a minnor it was a cop. They put me on sexual charges with minnor. I got away with no jail time just a parol and probation. In 2011 they deported me back to India. So since then i m in India i am well settled here with family here as well. Just want to attend some function in Canada. what are my chances to get approved i can show my companies and finacial stability here as well. please do advice i mean if there is no chance i dont want to get rejection stamp on my passport at all. please advice.

thanks
As a result of your crime, you will have to apply for rehabilitation before you can apply for a visitor visa to Canada. How long ago did you complete your parole and probation?