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Having doubts about wife's inadmissibility

PaperLantern

Star Member
Oct 18, 2017
124
29
Canada
App. Filed.......
11-12-2018
I posted yesterday in a panic and I've calmed down significantly since then. I apologize if I seemed insane.

Now I do have a question about my wife's inadmissibility. The reason I'm now questioning this is because a few people here and on Reddit were questioning it and now I'm unsure. This is what happened.

We were all ready to submit ALL of the sponsorship/PR application in August. We even ordered the FBI police certificates. Then, I remembered that my wife had mentioned that when she was a teenager (19 years old) she had gotten caught shoplifting with a friend in the USA. She shoplifted a $50.00 shirt from the mall. She wasn't arrested but the cops were called and she wrote a statement. She was allowed to go home and later received a summons to appear in court. There was no jury or anything and she plead guilty and received a $200 fine and a misdemeanor. No jail time or probation. This was her one and only crime and no crimes have been committed since then. It has been almost 5 years since the fine was paid (the crime was committed in June but she didn't appear in court until late October and paid the fine on the same day).

Now, it seemed nobody had an answer for me. I tried contacting CIC and they told me they couldn't tell me and to just apply for the sponsorship and see. However, I figured that if she was inadmissible and I applied and she was rejected it would look bad for future attempts at applying for PR. I called a lawyer and he didn't want to hear the details but just said within the first few minutes that she was inadmissible and even if it hadn't been five-years since the incident I should hire him and he could get her rehabilitation no problem. His fees were exorbitant so I spoke to a border officer about a TRP so she could come see me in Canada until we can apply for rehabilitation and then apply for PR. The thing is, the border didn't have record of her crime on their computers but I insisted because I was paranoid that she would be found inadmissible randomly when trying to cross or that they would say she misrepresented herself or something. I showed them the court records that show she was indeed convicted of a misdemeanor and she received a TRP once she applied. It's good for a bit over a year and covers her until she can get rehabilitation (in October of this year).

Now, I'm doubting myself because her FBI police certificate came back clean as well. So, what the heck is going on? Can someone shed some light on this? Is she inadmissible or isn't she? If she isn't did I mess up by having her apply for and receive a TRP?
 
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amc90

Full Member
Aug 16, 2016
21
1
I am no expert here but I would suggest getting a police check from the state in which she has been charged as I believe they will want that regardless of fbi check coming back clean. Start there and see what it says then go from there.

I am so sorry for what happened to you and your wife, my wife and I went through a similar experience at a border crossing. The yelling the throwing papers the whole nine. We are also a same sex couple and they actually deemed her inadmissible and gave her an order to leave. We hired a lawyer and paid the insane fees which gave us only a small amount of peace of mind. It is traumatic and honestly the entire process is anxiety ridden. Be strong for one another and don't let it overwhelm. No matter what you guys will find a way. Whether that's here or in the states. Good luck.
 

PaperLantern

Star Member
Oct 18, 2017
124
29
Canada
App. Filed.......
11-12-2018
I am no expert here but I would suggest getting a police check from the state in which she has been charged as I believe they will want that regardless of fbi check coming back clean. Start there and see what it says then go from there.

I am so sorry for what happened to you and your wife, my wife and I went through a similar experience at a border crossing. The yelling the throwing papers the whole nine. We are also a same sex couple and they actually deemed her inadmissible and gave her an order to leave. We hired a lawyer and paid the insane fees which gave us only a small amount of peace of mind. It is traumatic and honestly the entire process is anxiety ridden. Be strong for one another and don't let it overwhelm. No matter what you guys will find a way. Whether that's here or in the states. Good luck.
Thank you, amc90. Were you eventually successful in obtaining PR? Also, her state record check does show the misdemeanor criminal mischief for shoplifting (and states that the value was under $100). We had ordered both the FBI certificate and the state.
 

amc90

Full Member
Aug 16, 2016
21
1
Then I would imagine you would need the rehabilitation. I can't see there being a way around that. We are actually still in the process of. We have had a lot of hurdles. Hoping for an answer soon and grateful that we are both pretty strong willed people because it has been a journey I wouldn't wish on anyone.the good news is that experience was over 3 years ago and we haven't spent a day apart but despite that it is still no way to live. Knowing one person decides your fate.

Thank you, amc90. Were you eventually successful in obtaining PR? Also, her state record check does show the misdemeanor criminal mischief for shoplifting (and states that the value was under $100). We had ordered both the FBI certificate and the state.
 

Wakki

Champion Member
Sep 18, 2017
2,995
606
I posted yesterday in a panic and I've calmed down significantly since then. I apologize if I seemed insane.

Now I do have a question about my wife's inadmissibility. The reason I'm now questioning this is because a few people here and on Reddit were questioning it and now I'm unsure. This is what happened.

We were all ready to submit ALL of the sponsorship/PR application in August. We even ordered the FBI police certificates. Then, I remembered that my wife had mentioned that when she was a teenager (19 years old) she had gotten caught shoplifting with a friend in the USA. She shoplifted a $50.00 shirt from the mall. She wasn't arrested but the cops were called and she wrote a statement. She was allowed to go home and later received a summons to appear in court. There was no jury or anything and she plead guilty and received a $200 fine and a misdemeanor. No jail time or probation. This was her one and only crime and no crimes have been committed since then. It has been almost 5 years since the fine was paid (the crime was committed in June but she didn't appear in court until late October and paid the fine on the same day).

Now, it seemed nobody had an answer for me. I tried contacting CIC and they told me they couldn't tell me and to just apply for the sponsorship and see. However, I figured that if she was inadmissible and I applied and she was rejected it would look bad for future attempts at applying for PR. I called a lawyer and he didn't want to hear the details but just said within the first few minutes that she was inadmissible and even if it hadn't been five-years since the incident I should hire him and he could get her rehabilitation no problem. His fees were exorbitant so I spoke to a border officer about a TRP so she could come see me in Canada until we can apply for rehabilitation and then apply for PR. The thing is, the border didn't have record of her crime on their computers but I insisted because I was paranoid that she would be found inadmissible randomly when trying to cross or that they would say she misrepresented herself or something. I showed them the court records that show she was indeed convicted of a misdemeanor and she received a TRP once she applied. It's good for a bit over a year and covers her until she can get rehabilitation (in October of this year).

Now, I'm doubting myself because her FBI police certificate came back clean as well. So, what the heck is going on? Can someone shed some light on this? Is she inadmissible or isn't she? If she isn't did I mess up by having her apply for and receive a TRP?

I am not a legal practitioner but just my take on the issue, and hope others could offer advice and help with your case.

In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age....certainly, your spouse been 19 as at the time of her crime cannot be considered a young offender and MAY be inadmissible since your spouse plead guilty and received a $200 fine for her misdemeanor.

If your spouse was convicted of or committed a criminal offence outside Canada which may make her inadmissible, your spouse may overcome this criminal inadmissibility by applying for rehabilitation.

If your spouse have convictions or offences outside of Canada, both an approval of rehabilitation and a pardon are required to overcome inadmissibility.

Rehabilitation will remove the grounds of criminal inadmissibility.

Someone is eligible to apply for rehabilitation if they have:
  • committed an act outside of Canada and five (5) years have elapsed since the act;
  • been convicted outside of Canada and five (5) years have passed since the end of the sentence imposed.

Determining inadmissibility:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Convictions in Canada and convictions or offences outside of Canada:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Inadmissibility:
http://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?top=8
 
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scylla

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I think it's pretty clear she's inadmissible. The charge appears on her state cert. - so would definitely come up in background checks.
 

CountryGurl_GMC

Star Member
Nov 16, 2015
90
41
Morriston, ON
Category........
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Ok, thank you! I just wasn't sure if it was serious enough to result in inadmissibility. :)
Honestly it will depend what the equivalent in Canada is. I would speak to a Canadian lawyer.
 

Maya Canada

Star Member
Sep 25, 2018
57
4
I am not a legal practitioner but just my take on the issue, and hope others could offer advice and help with your case.





In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age....certainly, your spouse been 19 as at the time of her crime cannot be considered a young offender and MAY be inadmissible since your spouse plead guilty and received a $200 fine for her misdemeanor.

If your spouse was convicted of or committed a criminal offence outside Canada which may make her inadmissible, your spouse may overcome this criminal inadmissibility by applying for rehabilitation.

If your spouse have convictions or offences outside of Canada, both an approval of rehabilitation and a pardon are required to overcome inadmissibility.

Rehabilitation will remove the grounds of criminal inadmissibility.

Someone is eligible to apply for rehabilitation if they have:
  • committed an act outside of Canada and five (5) years have elapsed since the act;
  • been convicted outside of Canada and five (5) years have passed since the end of the sentence imposed.

Determining inadmissibility:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Convictions in Canada and convictions or offences outside of Canada:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Inadmissibility:
http://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?top=8

hi I need some advise - my spouse has been in Canada for several years without status a failed refugee claimant. He complied and left I submitted a sponsorship app in February 2018 he has a conviction of fraud Under not for immigration separately and during his immigration detention they used that time as time in jail he received 4 months sentence 36(1) b we provided all evidence of our marriage and various documents to prove our relationship we are worried will they approve the application for landing and or will he get a TRP we have been together for 17 years. Please reply thanks
 

Maya Canada

Star Member
Sep 25, 2018
57
4
you may consult a Canadian immigration lawyer

Overcome criminal convictions
Thank you wakki, I have already research all of this info but I'm asking if any other applicants in the forum has been in this situation and what's the best approach and or how has their experience been in submitting a spousal sponsorship overseas application requesting for a TRP in the interim until 5 years pass for rehab. Can you direct me to forums specifically applicants in this category spousal sponsorship with criminality please? Thanks again.
 
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