Husband arrested for assault

[lucyl]

Hi,my husband has been arrested for assault and he is going to be sponsoring me .Well,that was the plan anyway .I am planning on standing by him as long as he agrees to counselling, anger management and all that stuff .We have a child together so do not want to split us up .On the other hand i dont want to bring my child up in an environment that is not healthy either .
But as it is im stuck in a limbo .
We have been married a number of years so it is not a new marriage .I have just been granted another extension on my visitors for a year ,in that time we wanted to apply the inland route .Now that this has happened where do i stand now ? I know that this ,if it becomes a conviction ,will make him inadmissable to sponsor me
My husband wants me to send in the papers and just avoid telling them whats happened, he thinks they wont find out unless someone tells them .Well i am not willing to do that because it will make the whole situation worse if he gets found out, and i dont want to lie!
I want to be up front from the gecko but i also dont want to be told i cannot stay here as that does not seem fair when my son and i were not the ones responsible for screwing up and my son is a canadian citizen .
plz could somone advise ? Do i have options ?

 

[angtao]

I would definitely contact an immigration lawyer for this.

 

[lucyl]

thankyou for response, and i hope to, but it will be someone who is willing to give me advise for free .I am also hoping others have some input too ..

 

[SFD]

Lucyl,

Sooner or later, CIC will find out so don´t try to be smart. Get some legal assistance since this is YOUR FUTURE AND YOUR SON´S TOO.

Make him understand that they will check his criminal background and that will affect in a negative way your case.

It´s not the end of the world. Just be straigh with CIC. No room for dummy mistakes.

SFD

 

[SFD]

Nylalisa

Exactly!!! But, I am afraid her husband needs reha... She is mentioning that as long as he gets help... I see problems here..... and not just an assaulting issue..

May God guide Lucyl

SFD

 

[emmagail]

Do not attempt to bullshit or omit anything.

My police clearance does not show up my DUI, and as my second conviction, its causing serious problems for me being sponsored.

Looks like its the rehab route for him if he gets convicted

 

[nylalisa]

Nylalisa

Exactly!!! But, I am afraid her husband needs reha... She is mentioning that as long as he gets help... I see problems here..... and not just an assaulting issue..

May God guide Lucyl

SFD

I agree, this is more than just the assault issue. But yeah people need to remember, Gov agencies all communicate, so there is no hiding anything in this case. AT best it may not be discovered right away... but then you have a chance where later in the process you are inadmissible for false representation.

Regardless, seek help for all of your sakes. The OP is right, be concerned for the children first and foremost.

 

[SFD]

Do not attempt to bull*censored word* or omit anything.

My police clearance does not show up my DUI, and as my second conviction, its causing serious problems for me being sponsored.

Looks like its the rehab route for him if he gets convicted

Emmagail and Nylalisa

It´s sad that while for some cases the ONLY ISSUES ARE THE CIC bureaucracy, and for others OUR PAST AND ACTS.
That is the human nature... :-X

SFD

 

[angtao]

Lucy,

At this point, you have to go to a lawyer and pay for a consultation fee with them. You do not want to screw around with this. This is your future.

 

[PMM]

Hi

Nylalisa

Exactly!!! But, I am afraid her husband needs reha... She is mentioning that as long as he gets help... I see problems here..... and not just an assaulting issue..

May God guide Lucyl

SFD

Duh, please read the OP's post again. Her husband is the sponsor, so he is either a Canadian citizen or permanent resident, rehab doesn't enter into the picture. What will though is that CIC does do a Criminal Records check on sponsors to determine if they are eligible. His pending assault charges, mean the sponsorship will not go anywhere until they are settled. If he is convicted of domestic assault he will not be an eligible sponsor. From CIC web site.

You may not be eligible to be a sponsor if you:

* failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
* defaulted on a court-ordered support order, such as alimony or child support
* receive government financial assistance for reasons other than a disability
* were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued

 

[mayasita]

I want to be up front from the gecko

Lets leave the lizards outta this!

But seriously, lying could very likely make him permanently ineligible so it's best to get a lawyers help... One you'd probably have to pay.

 

[michaelab]

Is that "assult" charge a "domestic assult"? and has he finished serving the time? If its a domestic assault or a sexual assult then he won't be eligible to sponsor you but if it is just an assult (like getting into a fight at the bar, etc) then he probably could sponsor you.

Please always be truthful for your own sake.

 

[emmagail]

as suggested, i re-read the OP, an immigration lawyer is no good, it could be a criminal lawyer. Nothing said about it being against family, but if it was spousal, being in a different country is the best thing for you, and especially your child. From the tone, it seems to be a recurring issue, with this time being the final straw??

If so, i think being in a different country, separated by strict border agents, could be the best thing for ye.

 

[Patricksgirls]

You do have options especially if you can prove strong ties to Canada and a child.
http://www.owjn.org/owjn_new/index.php?option=com_content&view=article&id=107&Itemid=67

 

[SFD]

Hi

Duh, please read the OP's post again. Her husband is the sponsor, so he is either a Canadian citizen or permanent resident, rehab doesn't enter into the picture. What will though is that CIC does do a Criminal Records check on sponsors to determine if they are eligible. His pending assault charges, mean the sponsorship will not go anywhere until they are settled. If he is convicted of domestic assault he will not be an eligible sponsor. From CIC web site.

You may not be eligible to be a sponsor if you:

* failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
* defaulted on a court-ordered support order, such as alimony or child support
* receive government financial assistance for reasons other than a disability
* were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued

PMM

Thank you for your comments as you cannot be more right about it. ...

After all, they have a chance to deal with this conviction if he´s been convicted.

SFD