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Help with family visa.

Oct 20, 2011
3
0
So my family and I are going to start the process of applying for PR to Canada and I am just looking for input on our situation. My husband has gotten 2 DUIs here in the US the last one was in 2008. He is on probation until 2013 but we can apply for early termination any time now. I have talked to one lawyer who told me that the DUIs would not be an issue if I am the primary applicant and my husband is the secondary. We also have two children that we would be applying with us. We are hoping to try to apply without a lawyer due to cost.
Has anyone been in this situation? Would you recommend a lawyer to assist us since the history of the DUIs may be an issue? I do not have arranged employment but am sure that I would be able to get this.
Would my husband need to stay here in the US and I go to Canada first or would they process our applications together?
If I have a job offer, do we all go together while the application is being processed?
Do I start the application and then find a job offer? If the job wants me to start right away do I go first on a work visa?
Will my husband be able to have a work visa if I am sponsoring him with our family application?
 

CharlieD10

VIP Member
Sep 5, 2010
5,848
185
124
Northern Ontario
Category........
Visa Office......
KGN
Job Offer........
Pre-Assessed..
App. Filed.......
15-02-2011
File Transfer...
09-05-2011
Med's Done....
17-01-2011, 08-03-2012
Interview........
Waived
Passport Req..
30-3-2012
VISA ISSUED...
13-04-2012
LANDED..........
06-06-2012
Just as an aside, a principal applicant with an inadmissible spouse or dependent child is also inadmissible, even if said spouse or child is non-accompanying. So, that lawyer was quite wrong about your application not being affected by his record if you are the principal applicant.

I recommend consulting with a reputable (and knowledgeable!) immigration consultant or attorney for help with the process. You can try the ones who run this site, see the home page.
 
Oct 20, 2011
3
0
Thank you for that info. I have no idea why he told me that. I specificly asked about this situation being our concern. he led me to believe that my husband would be fine on my visa. I have tried to contact other lawyers but have not gotten a reply. I will try these one here.
 

rjessome

VIP Member
Feb 24, 2009
4,354
214
Job Offer........
Pre-Assessed..
PulgasToCanada said:
So my family and I are going to start the process of applying for PR to Canada and I am just looking for input on our situation. My husband has gotten 2 DUIs here in the US the last one was in 2008. He is on probation until 2013 but we can apply for early termination any time now. I have talked to one lawyer who told me that the DUIs would not be an issue if I am the primary applicant and my husband is the secondary. We also have two children that we would be applying with us. We are hoping to try to apply without a lawyer due to cost.
Has anyone been in this situation? Would you recommend a lawyer to assist us since the history of the DUIs may be an issue? I do not have arranged employment but am sure that I would be able to get this.
Would my husband need to stay here in the US and I go to Canada first or would they process our applications together?
If I have a job offer, do we all go together while the application is being processed?
Do I start the application and then find a job offer? If the job wants me to start right away do I go first on a work visa?
Will my husband be able to have a work visa if I am sponsoring him with our family application?
Your husband is inadmissible to Canada for criminality and so are all of his dependents, not matter who is the principal applicant. And he would not even be eligible for a rehab application until 2018, 5 years after his sentence is completed. The very best you could do would be a temporary resident permit application and only if you had a job offer and the employer had a positive Labour Market Opinion. Even then, PR is a long way off.

I hope you didn't give that lawyer any money.