FBI clearance | Spouse pending Crime records | final stage | Delhi VO

[talk2host2005]

Hello gurus,

I am around final stage of Canada PR and some very bad thing happen, it appears, no hope.

I have been asked to provide FBI clearance record, passport, RPRF, medicals. I applied for "FBI clearance" last week of May, 2011. And send rest of the documents(passport, RPRF, medicals) to Delhi VO.

Two weeks ago my spouse committed "assault & battery" crime, arrested and fingerprinted. We specify clean crime records at the time of filing Canada PR.

My rprf fee en-cashed by Delhi vo. I have to submit FBI clearance by this month end. I am hopping to get FBI certificate by next week or two. But it will surely reflect his(spouse) crime and it is pending with court, something like that.

His case is not yet dismissed and will take another 1 or 2 months.

I will need your opinion/advice. so my question is that will my case(Primary applicant) reject due to spouse(secondary applicant) crime records.

If not, my spouse will get rejected due to his crime records?

Please advice what should I do.

I am post june applicant.

 

[PMM]

Hi

Hello gurus,

I am around final stage of Canada PR and some very bad thing happen, it appears, no hope.

I have been asked to provide FBI clearance record, passport, RPRF, medicals. I applied for "FBI clearance" last week of May, 2011. And send rest of the documents(passport, RPRF, medicals) to Delhi VO.

Two weeks ago my spouse committed "assault & battery" crime, arrested and fingerprinted. We specify clean crime records at the time of filing Canada PR.

My rprf fee en-cashed by Delhi vo. I have to submit FBI clearance by this month end. I am hopping to get FBI certificate by next week or two. But it will surely reflect his(spouse) crime and it is pending with court, something like that.

His case is not yet dismissed and will take another 1 or 2 months.

I will need your opinion/advice. so my question is that will my case(Primary applicant) reject due to spouse(secondary applicant) crime records.

If not, my spouse will get rejected due to his crime records?

Please advice what should I do.

I am post june applicant.

1. If your spouse is convicted if assault and battery, the application will most likely be refused
2. The application will probably be held in abeyance until the results of the court case are known.

 

[awai ali]

Hi

1. If your spouse is convicted if assault and battery, the application will most likely be refused
2. The application will probably be held in abeyance until the results of the court case are known.

What kind of crime is this assault and bettery???????????

 

[omm]

here is the answer:
http://en.wikipedia.org/wiki/Battery_(crime)
http://en.wikipedia.org/wiki/Assault

OMM

 

[awai ali]

here is the answer:
http://en.wikipedia.org/wiki/Battery_(crime)
http://en.wikipedia.org/wiki/Assault

OMM

Thank Omm,,,,,i got it

 

[devilhimselff]

And I think it will just not be Husband who will be red flagged. But as a whole the entire PR process/Application (for Principal Applicant) will be canned....Am I right ?

 

[awai ali]

And I think it will just not be Husband who will be red flagged. But as a whole the entire PR process/Application (for Principal Applicant) will be canned....Am I right ?

Yup Dear Devil,

It is just like medical situation if one of the family member have issue it effect all including Principal Applicant..........

 

[talk2host2005]

Hi PMM,

1. If your spouse is convicted if assault and battery, the application will most likely be refused

Is it like whole application reject or just spouse get rejected ?

Or

We haven't receive FBI clearance and so haven't updated VO. Is it possible if I ask VO to withdraw spouse (secondary applicant) for now for some reason and don't send spouse FBI clearance (secondary applicant)

May be this will be more +ive for my case for now and later I will file PR for spouse from Canada once case dismissed ?

Thanks

 

[omm]

Complete application rejected. No option that only spouse rejected. you applied for FBI clearance for your spouse? if yes than wait for it.

OMM

Hi PMM,

1. If your spouse is convicted if assault and battery, the application will most likely be refused

Is it like whole application reject or just spouse get rejected ?

Or

We haven't receive FBI clearance and so haven't updated VO. Is it possible if I ask VO to withdraw spouse (secondary applicant) for now for some reason and don't send spouse FBI clearance (secondary applicant)

May be this will be more +ive for my case for now and later I will file PR for spouse from Canada once case dismissed ?

Thanks

 

[talk2host2005]

I just talk to my lawyer, he said, only conviction showed up in FBI clearance records not the arrests.

Not sure, waiting for FBI clearance.

 

[devilhimselff]

I just talk to my lawyer, he said, only conviction showed up in FBI clearance records not the arrests.

Not sure, waiting for FBI clearance.

I think that should be, As LAW always implies, Innocent until proven Guilty.

 

[talk2host2005]

Thanks, I will update as soon as I receive FBI cert.

 

[talk2host2005]

I found following link with attorney's response:

http://www.avvo.com/legal-answers/do-pending-court-charges-show-up-on-criminal-backg-394018.html?ref=result__title

 

[talk2host2005]

We got FBI clearance today, It has clean record for both of us.

Actually it was issued 1 week prior of my spouse crime(secondary applicant).

If they verify with FBI, they may said, it is true copy of FBI police records, however this guy has criminal history after that day ?

but will they also check crime history up to the date ?


Can any one please respond ?

 

[PMM]

Hi

We got FBI clearance today, It has clean record for both of us.

Actually it was issued 1 week prior of my spouse crime(secondary applicant).

If they verify with FBI, they may said, it is true copy of FBI police records, however this guy has criminal history after that day ?

but will they also check crime history up to the date ?


Can any one please respond ?

And how did your spouse answer question #9 on the Schedule 1 of the application? You know that you have to report changes and if you lie, it is misrepresentation.