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Form 5669 help

xprecious32

Newbie
Mar 27, 2012
7
0
I'm sponsoring my husband, who lives in the US. He was working in Canada on a work permit when we met. Question 6a wants to know if he's ever been convicted of a crime in Canada. He was charged here in Canada but given a conditional discharge, which to my understanding is not a conviction. So do we answer yes or no? And if we answer yes how much information/details do they want. We have original court documents and charges and letter from his laywer outlining the charges, but do they want an explanation as to how the charges originally come about, what the charges stemmed from? Help I'm stumped.
 

bonitanita

Hero Member
Feb 8, 2012
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If I were you, I would not answer the question. I would say "See additional papers" and then submit everything including an explanation of exactly what happened.
 

CharlieD10

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Sep 5, 2010
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Northern Ontario
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bonitanita said:
If I were you, I would not answer the question. I would say "See additional papers" and then submit everything including an explanation of exactly what happened.
She MUST answer the question, as every applicant is under a duty of candour and must answer ALL questions honestly. In cases like these, where interpretation of Immigration law is at stake, I suggest the services of a lawyer or consultant experienced in Immigration matters. If she answers incorrectly, and what she provides as an explanation is interpreted far differently than she thinks it might be, the applicant could be deemed inadmissible, not just for the act leading to the charge, but also for misrepresentation stemming from answering the question inaccurately.
 

Zion786

Star Member
Jul 13, 2012
119
9
Have no Idea what the big fuss is here.....She answer's NO.....a conditional discharge is NOT a conviction, period. The whole idea behind a discharge is that the accused is not convicted......