Do I NEED a lawyer?

[mrsfox]

Hello,

I have been married to my husband for just a little over a year. I have been travelling back and forth since he was denied a visa and we had originally intended for me to move there. Plans have changed and now we are planning for him to come here. The application form itself seems pretty straightforward however we have some complications that may pose as 'difficulties' (I'll list below) so I'm trying to decide if we need to hire help or if I should just move forward with applying for sponsorship. Lawyers are expensive and I would prefer to do it alone but at the same time, I wouldn't want to ruin our chances. I'm sure that not every application is a walk in the park so feel free to share your experience with immigration lawyers here

1) He has two previous convictions. One considered hybrid in Canadian law and the other a minor. The most recent was dealt with and completed in 2012.

2) We applied for a visitor visa and were denied. Not sure how much of an impact this will leave but we did list family members in the application who are unwilling to cooperate in getting medicals or background checks & so I would prefer not to have them documented in this application but then would we be in trouble for not keeping our information consistent?

3) We didn't have a big wedding ceremony and I had a horrible skin rash at the time and refused to take pictures. Will this cause an issue when proving the authenticity?

Thanks in advance

 

[whitelion]

@mrsfox

For your third question I read in some other thread it was an issue at the VO(Visa Office). You didnt take any picture at all ?
Best of luck to you.

 

[VioletBlue]

ok so...what is "here" and "there"...?? US and Canada Im asuming??

As for the relatives who aren't willing to cooperate...You Still Have to declare them....and maybe put a Note that they aren't willing to cooperate....CIC cant FORCE people do comply. But still have to be consistent...if you mentioned them once, I'm thinking it would be a good idea to do so again. You dont want to risk Misrepresentation.

No wedding photos may raise some red flaggs but they will give you a chance to explain. Make sure you have plenty of Other proof....trips together....pics w family and friends...I dont know...whatever you can think of

 

[mrsfox]

here & there is Canada & Trinidad.

'Misrepresentation' yeah, that's what I'm worried of. But if it was a visa application two years ago, would that information still be on file?

Oh yeah we have other pictures just none on that particular day since it wasn't a big ceremony-maybe I should clarify in saying it was more of a civil marriage. I could probably scrape up my old phone bills but we both have new numbers now. Emails, screen shots of old bbms, Skypes and pictures from when I go down there dating back to 2010 so I feel like that should be alright, no?

 

[Aquakitty]

here & there is Canada & Trinidad.

'Misrepresentation' yeah, that's what I'm worried of. But if it was a visa application two years ago, would that information still be on file?

Oh yeah we have other pictures just none on that particular day since it wasn't a big ceremony-maybe I should clarify in saying it was more of a civil marriage. I could probably scrape up my old phone bills but we both have new numbers now. Emails, screen shots of old bbms, Skypes and pictures from when I go down there dating back to 2010 so I feel like that should be alright, no?

All that stuff is great.

Is there any reason you can't set up a wedding photoshoot sometime in the near future? My husband and I are poor students so we just made our own wedding attire and hired someone to do the shoot for $75. They even made a video. You have to print the photos to send so there is no date on them, anyways lots of people have ceremonies after the actual wedding date, you could just tell the truth and explain you had a terrible rash the actual day anyways.

Being denied for a visa has no impact on your PR, unless you have lied and changed your story or something of that nature.

As for the criminality stuff, sorry I have no knowledge of that process but I'm sure someone here does.

Good luck!

 

[mrsfox]

All that stuff is great.

Is there any reason you can't set up a wedding photoshoot sometime in the near future? My husband and I are poor students so we just made our own wedding attire and hired someone to do the shoot for $75. They even made a video. You have to print the photos to send so there is no date on them, anyways lots of people have ceremonies after the actual wedding date, you could just tell the truth and explain you had a terrible rash the actual day anyways.

Being denied for a visa has no impact on your PR, unless you have lied and changed your story or something of that nature.

As for the criminality stuff, sorry I have no knowledge of that process but I'm sure someone here does.

Good luck!

Oh great thanks. I was just worried it would come across as staged or not true if we took pictures some time after.

 

[scylla]

'Misrepresentation' yeah, that's what I'm worried of. But if it was a visa application two years ago, would that information still be on file?

Yes - this information will absolutely still be on file.

 

[bartjones]

If he has two prior criminal convictions in the U.S. for offences that are also considered criminal offences here, and the last sentence was completed in 2012, he will be inadmissible until 2017. At that point he can apply for criminal rehabilitation but until then, any application you make for family sponsorship will be rejected. Sorry to be the bearer of bad news, but foreign criminal convictions render you inadmissible for 5 years.

It would probably be easier to address that question more accurately if you were willing to tell us what the convictions were for.

 

[scylla]

If he has two prior criminal convictions in the U.S. for offences that are also considered criminal offences here, and the last sentence was completed in 2012, he will be inadmissible until 2017. At that point he can apply for criminal rehabilitation but until then, any application you make for family sponsorship will be rejected. Sorry to be the bearer of bad news, but foreign criminal convictions render you inadmissible for 5 years.

It would probably be easier to address that question more accurately if you were willing to tell us what the convictions were for.

I was just typing the same thing. bartjones beat me to it. Unfortunately it does sound like he is inadmissible until 2017 (five years after the last sentence / penalty was completed).

More details would help us to help you confirm.

 

[mrsfox]

Ouch. That was my fear. Is there anyway to shorten the process because I heard the application for rehabilitation is about a year on top of the sponsorship process itself. I've heard of getting records expunged but I've asked a few lawyers in Trinidad and none of them are too familiar with the process.

2008-theft of a chain (which was a misunderstanding)
2011-possession of small quantity of weed

 

[bartjones]

Ouch. That was my fear. Is there anyway to shorten the process because I heard the application for rehabilitation is about a year on top of the sponsorship process itself. I've heard of getting records expunged but I've asked a few lawyers in Trinidad and none of them are too familiar with the process.

2008-theft of a chain (which was a misunderstanding)
2011-possession of small quantity of weed

The possession charge will be the issue. It's clearly criminal in Canada no matter what the quantity. He can apply for rehabilitation on the older charge though it would make more sense to do it all in one application.

Unfortunately, there is no way to speed the process up. You'll just have to wait the 5 years. Even if you could get his records cleared up in Trinidad, I doubt CIC would consider that as valid for the purposes of his inadmissibility.