Inland or Outland Applications: Submitting PR Application WITH Rehabilitation

[justfromerica]

Hey guys,

I was reading up on a few threads and I just wanted to clarify in case that information was old...

Can you submit your outland PR application OR inland application with your rehabilitation application at the same time?

My wife is eligible for rehabilitation in August of this year.

I know outland applications process faster, but in our situation, we are living in Alabama (which we hate) and really want to go back to Vancouver asap. We are also coming into some money through an inheritance I am getting so we would be able to manage on one income for the duration until she could get work auth, I think?

But if you send in the applications at the same time, is it a longer waiting time until she could be eligible for work authorization? I know you have to enter into a certain period of the application before they approve it, but I didn't know if the rehabilitation would cause a delay, or just process along side with it.

Another reason we might opt for inland is because my green card with need to have the removal of conditions done by March next year, which is pointless money to spend just to keep a green card just to be able to work in a country that we won't be staying in much longer.

Just to clarify, her criminal admissibility comes from a DUI she got when she was 18, it got plead down to Youthful Offender, but because she was 18, it still makes her inadmissible.

Does anyone have any experience with this? or advise??

 

[justfromerica]

Anyone?

 

[scylla]

Both of you need to physically be in Canada to apply inland. So if you want to go the inland route, you'll have to submit the rehab application first and wait for it to be approved so that you can enter Canada.

 

[justfromerica]

We would physically go to Canada beforehand, because we were going to go to visit anyways and didn't know if we'd end up wanting to stay and just do it that way. She has been to Canada twice, once with me and once without, and didn't have any issues. Does that still mean she's inadmissible?

 

[Aquakitty]

We would physically go to Canada beforehand, because we were going to go to visit anyways and didn't know if we'd end up wanting to stay and just do it that way. She has been to Canada twice, once with me and once without, and didn't have any issues. Does that still mean she's inadmissible?

How long ago was the criminal conviction?

 

[bartjones]

Both of you need to physically be in Canada to apply inland. So if you want to go the inland route, you'll have to submit the rehab application first and wait for it to be approved so that you can enter Canada.

This is correct. The DUI makes her inadmissible for any visa (except a TRP which you probably won't be able to get in your circumstances). So, she has to remain outside Canada until the DUI issue is cleared up.

If you want to speed things up, you could submit your rehab application at a border crossing. They usually process them much faster there, but, again, you have to wait in the U.S. until that application is processed.

 

[triple p]

yay! It is great news that your wife is eligible for rehabilitation in August. You can send both applications in at the same time. I think in terms of processing time it might be faster if everything is in 1 package. Otherwise, spousal application could be sent to Ottawa and criminal rehabilitation might go to LA. If it in the same package, at least they do not have to link everything up...just my 2 cents.

Since I did the spousal application and husband did the criminal rehabilitation app we did them through 2 different law firms. The law firm that did the spousal application made it very clear that a criminal rehabilitation application was also being sent (cover letter) at the same time and even sent a copy of the criminal rehab app with the spousal application. I think it's just easier to have it all go together at once.

 

[justfromerica]

How long ago was the criminal conviction?

2009 but August 2010 was was all the probation and everything was completed according to the paperwork we got from the courthouse.

 

[justfromerica]

This is correct. The DUI makes her inadmissible for any visa (except a TRP which you probably won't be able to get in your circumstances). So, she has to remain outside Canada until the DUI issue is cleared up.

If you want to speed things up, you could submit your rehab application at a border crossing. They usually process them much faster there, but, again, you have to wait in the U.S. until that application is processed.

Yeah we're not anywhere near a border so that probably isn't possible.

So even if we were to go to Canada and visit and decide that we wanted to do the immigration process from there, rehab can only be done for outland applications and not inland applications, correct?

If we do it outland, wouldn't we have to wait at leas a year for the rehab to be processes even if we end it at the same time at the PR application?

 

[justfromerica]

yay! It is great news that your wife is eligible for rehabilitation in August. You can send both applications in at the same time. I think in terms of processing time it might be faster if everything is in 1 package. Otherwise, spousal application could be sent to Ottawa and criminal rehabilitation might go to LA. If it in the same package, at least they do not have to link everything up...just my 2 cents.

Since I did the spousal application and husband did the criminal rehabilitation app we did them through 2 different law firms. The law firm that did the spousal application made it very clear that a criminal rehabilitation application was also being sent (cover letter) at the same time and even sent a copy of the criminal rehab app with the spousal application. I think it's just easier to have it all go together at once.

How much did you pay for your law firms if you don't mind me asking? I did the US immigration all by myself, successfully, without lawyers so I was hoping to do it again, but this criminal inadmissibility just seems to make everything more difficult.

We just don't want to live in the US anymore, and we don't know what option is best. Obviously if rehab can only be sent from outland (even if my wife can cross the border without issues, and has done so before) then I guess remaining in the US is our only option.

 

[bartjones]

Yeah we're not anywhere near a border so that probably isn't possible.

So even if we were to go to Canada and visit and decide that we wanted to do the immigration process from there, rehab can only be done for outland applications and not inland applications, correct?

If we do it outland, wouldn't we have to wait at leas a year for the rehab to be processes even if we end it at the same time at the PR application?

Well the problem at this point is that you can't go to Canada because she's inadmissible for a visitor's visa due to the DUI. As a result, as Scylla pointed out, an inland app is out of the question for you so long as she hasn't had the DUI conviction rehabilitated.

You're right, the rehabilitation application could take up to a year to process if you submit it through normal channels. That's why I suggested driving to the border and submitting it there. My wife did this last year and they processed it in just a few days at the Detroit/Windsor Tunnel. I understand that it's quite a hike for you but it will shave months off the process for you and get you into the country much, much faster.

 

[scylla]

Well the problem at this point is that you can't go to Canada because she's inadmissible for a visitor's visa due to the DUI. As a result, as Scylla pointed out, an inland app is out of the question for you so long as she hasn't had the DUI conviction rehabilitated.

You're right, the rehabilitation application could take up to a year to process if you submit it through normal channels. That's why I suggested driving to the border and submitting it there. My wife did this last year and they processed it in just a few days at the Detroit/Windsor Tunnel. I understand that it's quite a hike for you but it will shave months off the process for you and get you into the country much, much faster.

Exactly this. +1 for a great summary.

 

[triple p]

If you need assistance, we paid approx. $2200 to Campbell Cohen (whole application minus crim. reh) However, I think they woul have done both applications.

 

[triple p]

I would also talk to lawyers about submitting at border. The road trip will cut down a lot of time...