Hello everyone, this is a bit long so please bear with me. I am currently applying for a Canadian Study Permit to study in Canada. I have already been accepted to a university in British Columbia and am putting together my application package. A bit of info about myself: I am currently staying in the US after completing my studies and currently in OPT. I'm neither a US citizen or a resident, just an international student here also.
I have a couple of questions about the form IMM1294E - particularly pertaining to the background information section:
First, some more info about my case:
In March 2013, I was given a citation for 2 offenses in Minnesota :
Possession of small amount of marijuana 152.027.4(a) (petty misdemeanor)
Possession of Drug Paraphernalia 152.092 (petty misdemeanor)
In Minnesota, petty misdemeanors = non-criminal offenses
However, these charges affect my status in the US if convicted so i hired a lawyer.
The 2 charges above were dismissed after a plea deal which changed my charge to
Public Nuisance-609.74(1)-(Misdemeanor)
Official sentence after conviction is
"Conviction deemed a Petty Misdemeanor pursuant to Minn. R. Crim. P 23.02"
Therefore, i was convicted of petty misdemeanor (not a criminal offense)
I was informed that I was not arrested on the night I received the citation for the 2 offenses above, I was told the citations I received were more like traffic violation tickets rather than an arrest. My lawyer also confirmed I have never been arrested. What I am worried about is the fact that I was CHARGED with public nuisance before being CONVICTED of it and it being deemed a petty misdemeanor (meaning not criminal offense). Do I still have to disclose my public nuisance charge ( a misdemeanor) even though it turns out to be a petty misdemeanor conviction ? If I disclose the public nuisance charge, do I have to disclose other information like the 2 petty misdemeanor charges that were dismissed ?
My question is, how do I answer this question on the IMM1294E form ?
"Have you ever committed, been arrested for, or been charged with or convicted of any criminal offence in any country ?"
Also, it seems that at the moment, answering yes or no for this question also determines whether or not I have to order a police check. If I answer no, then no police checks are required, and if I answer yes, then I need a police check. Currently, on the FBI website, it takes 12-14 weeks to process the identity summary request, so I cannot possibly get it in time for my Study Permit application to make it in time for the start of Fall Semester. I would like to enter Canada to study and would rather not have to waste a semester because some documents take too long to acquire. Therefore, in the case that I do need to disclose this information, does anyone have any suggestions on any course of action I can take in order to make it in time for the Fall semester ? Or any suggestions on what I should do so that I am not delayed for more than 1 semester if worst comes to worst ? Also, any additional information or advice anyone has, I would also appreciate it.
I have a couple of questions about the form IMM1294E - particularly pertaining to the background information section:
First, some more info about my case:
In March 2013, I was given a citation for 2 offenses in Minnesota :
Possession of small amount of marijuana 152.027.4(a) (petty misdemeanor)
Possession of Drug Paraphernalia 152.092 (petty misdemeanor)
In Minnesota, petty misdemeanors = non-criminal offenses
However, these charges affect my status in the US if convicted so i hired a lawyer.
The 2 charges above were dismissed after a plea deal which changed my charge to
Public Nuisance-609.74(1)-(Misdemeanor)
Official sentence after conviction is
"Conviction deemed a Petty Misdemeanor pursuant to Minn. R. Crim. P 23.02"
Therefore, i was convicted of petty misdemeanor (not a criminal offense)
I was informed that I was not arrested on the night I received the citation for the 2 offenses above, I was told the citations I received were more like traffic violation tickets rather than an arrest. My lawyer also confirmed I have never been arrested. What I am worried about is the fact that I was CHARGED with public nuisance before being CONVICTED of it and it being deemed a petty misdemeanor (meaning not criminal offense). Do I still have to disclose my public nuisance charge ( a misdemeanor) even though it turns out to be a petty misdemeanor conviction ? If I disclose the public nuisance charge, do I have to disclose other information like the 2 petty misdemeanor charges that were dismissed ?
My question is, how do I answer this question on the IMM1294E form ?
"Have you ever committed, been arrested for, or been charged with or convicted of any criminal offence in any country ?"
Also, it seems that at the moment, answering yes or no for this question also determines whether or not I have to order a police check. If I answer no, then no police checks are required, and if I answer yes, then I need a police check. Currently, on the FBI website, it takes 12-14 weeks to process the identity summary request, so I cannot possibly get it in time for my Study Permit application to make it in time for the start of Fall Semester. I would like to enter Canada to study and would rather not have to waste a semester because some documents take too long to acquire. Therefore, in the case that I do need to disclose this information, does anyone have any suggestions on any course of action I can take in order to make it in time for the Fall semester ? Or any suggestions on what I should do so that I am not delayed for more than 1 semester if worst comes to worst ? Also, any additional information or advice anyone has, I would also appreciate it.