Inland Sponsorship DUI Trouble

[Newfsaway]

Alright, I can already assume what people are going to say. You're really stupid and made things harder on yourself but I really want to know what options I have before I try to do this. Sorry for the very long description, but it's needed.

Here are the specifics of the situation:
I'm a Canadian citizen since birth, but I was living in the states for a few years doing some work for my cousin and met and married my spouse. We've been married for a year and a half now. While living in the states my dad got really sick and needed me to return to Canada to help him. I had been really wanting to move back to Canada and was looking into it anyways, but the medical situation with my father meant I had to pack up and go ASAP. My wife and I talked it over and we packed up and prepared to go. We went on one trip up there right away, crossed through the border fine and spent a couple of months in Newfoundland helping him and setting up a place of residence. I got a nice job, she was helping my father with his daily life, and things seemed to be going well. We hadn't had time in our busy life to put together the PR application yet and were planning to very soon, until my work asked me to go to Maine on a quick trip (I'm a truck driver.) A family friend was able to watch my father while we would be away and to give my wife a break, I took her with me. This would reset her visitor status anyways and we could put in the PR application when we got back.

Unfortunately when we got to the border and were awaiting to be allowed in, they decided to do a longer screening on my wife. What came up was a DUI from 3 years ago we had forgotten about, and they denied her entry this time. Now what to do? No home in the USA, not enough money to do anything regarding setting one up, wife was a foster child and has no real family. Well, I have an uncle who has a house right on the Quebec/Maine border. This is where you'll probably think we made a really stupid decision and messed up chances of figuring this out. Well I just dropped my wife off at the American side of the border within view of my uncles, and she just... walked over. Canadian border security for you. I picked her up on the other side, and we're back at home in Newfoundland but obviously with no legal status. If we can't figure this out then I guess we'll just have to deal with her being illegal and taking care of my dad for now. Don't really have a ton of choices.

Thank you anyone for taking the time to read my incredibly long description, and actually caring enough about helping me with some ideas for my situation. From what I can tell, the people who go out of their way to help eachother on this forum are just amazing. Immigration is a scary subject.

 

[scylla]

It's pretty simple. She's inadmissible to Canada for five years from the time she completes any penalty (e.g. pays a fee) or finished any sentence (e.g. probation, license suspension) related to the DUI. Being inadmissible means she cannot apply for PR and can't even enter as a visitor. So at a minimum, it's going to be another two years before you can apply to sponsor her for PR as your spouse. You can't even begin the PR process until then. Once the five years have passed and you are ready to submit the inland application, be aware that your wife will have to go through the rehabilitation process as part of the PR application which will increase the overall processing time. If you apply to sponsor her while she is out of status in Canada, that will most likely increase processing times further.

Being in Canada illegally when she is inadmissible is risky and has the potential to complicate things for the future. She would be better off applying for a TRP (temporary resident visa) which is specifically for individuals who are inadmissible to Canada. Of course there's no guarantee of approval - so I'm not sure that's a route you'll be willing to take. Ultimately up to you - however the rules are clear - she's inadmissible for at least another two years.

 

[Newfsaway]

It's pretty simple. She's inadmissible to Canada for five years from the time she completes any penalty (e.g. pays a fee) or finished any sentence (e.g. probation, license suspension) related to the DUI. Being inadmissible means she cannot apply for PR and can't even enter as a visitor. So at a minimum, it's going to be another two years before you can apply to sponsor her for PR as your spouse. You can't even begin the PR process until then. Once the five years have passed and you are ready to submit the inland application, be aware that your wife will have to go through the rehabilitation process as part of the PR application which will increase the overall processing time. If you apply to sponsor her while she is out of status in Canada, that will most likely increase processing times further.

Being in Canada illegally when she is inadmissible is risky and has the potential to complicate things for the future. She would be better off applying for a TRP (temporary resident visa) which is specifically for individuals who are inadmissible to Canada. Of course there's no guarantee of approval - so I'm not sure that's a route you'll be willing to take. Ultimately up to you - however the rules are clear - she's inadmissible for at least another two years.

Okay, that's clear enough. I'm aware at this point of being able to apply for rehabilitation after 5 years, or waiting 10 to not have to apply. The TRP is new to me though. I'm kind of upset the officer at the border never mentioned it, because I asked if there was specifically anything we could apply for temporarily to resolve it so we could go home and he kept saying no.

From what I'm reading online it looks like you have to apply for the TRP the first time at the border? Do you know if that is true? I'm having a hard time finding a first time application for it.

 

[scylla]

You can apply for a TRP at the border or by mail. However I'm pretty sure you can't do it from Canada while here illegally.

Details: http://www.cic.gc.ca/english/information/inadmissibility/permits.asp

 

[Newfsaway]

You can apply for a TRP at the border or by mail. However I'm pretty sure you can't do it from Canada while here illegally.

Details: http://www.cic.gc.ca/english/information/inadmissibility/permits.asp

Under status it has an option for Foreign National (Check here if out-of-status). Maybe we can put that and see how it goes with fingers crossed. Thanks for the help.

 

[canuck_in_uk]

You should note that your wife committed a crime by illegally entering Canada and she can be arrested and charged for that. The fact that she did this while knowing she is inadmissible based on her criminal record makes it even worse.

 

[Newfsaway]

You should note that your wife committed a crime by illegally entering Canada and she can be arrested and charged for that. The fact that she did this while knowing she is inadmissible based on her criminal record makes it even worse.

At the time it was either that, or leave her to live a life out in a snow bank in Maine. Sometimes life doesn't make following the rules easy.

I get what you're saying though. It doesn't make it look the best for immigration purposes.

 

[canuck_in_uk]

At the time it was either that, or leave her to live a life out in a snow bank in Maine. Sometimes life doesn't make following the rules easy.

I get what you're saying though. It doesn't make it look the best for immigration purposes.

There were other options, even if they weren't ideal. At the very least, she could have gone to a hotel in the US while you looked into options.

This crime could result in a conviction with jail time. It would end with her deportation and a ban from Canada and any spousal sponsorship app being many, many years away.

Similar case from a year ago of a man who was refused entry based on criminality and then later entered illegally, resulting in 2 months in jail http://www.cbc.ca/news/canada/new-brunswick/alien-enters-canada-on-air-mattress-1.3755079.

 

[Newfsaway]

There were other options, even if they weren't ideal. At the very least, she could have gone to a hotel in the US while you looked into options.

This crime could result in a conviction with jail time. It would end with her deportation and a ban from Canada and any spousal sponsorship app being many, many years away.

Similar case from a year ago of a man who was refused entry based on criminality and then later entered illegally, resulting in 2 months in jail http://www.cbc.ca/news/canada/new-brunswick/alien-enters-canada-on-air-mattress-1.3755079.

Hotels cost $100/day at average, and Newfoundland is far from the border. Dealing with that and figuring out how to reunite would have cost more money than I have.

Either way, for the time being I'm here laying in bed with my wife, even if things could have been worse. I appreciate your concern on what better options could have been, but I asked the question in interest of what possible options make exist now.

 

[canuck_in_uk]

Hotels cost $100/day at average, and Newfoundland is far from the border. Dealing with that and figuring out how to reunite would have cost more money than I have.

Either way, for the time being I'm here laying in bed with my wife, even if things could have been worse. I appreciate your concern on what better options could have been, but I asked the question in interest of what possible options make exist now.

I am trying to help you understand what options exist. And honestly, things will likely get worse.

She could have gone to a hotel for a few days, then gone to stay with friends, you guys could have borrowed money from family/friends, run up credit cards, or she could have even go to a shelter. Not ideal but all choices that wouldn't have screwed you guys over like the illegal entry. There is not really any way to hide that crime.

 

[scylla]

Under status it has an option for Foreign National (Check here if out-of-status). Maybe we can put that and see how it goes with fingers crossed. Thanks for the help.

Definitely wouldn't do that. This route would only be an option if she had entered Canada legally and then fell out of status. Since he entered illegally, submitting a TRP application from Canada will only draw attention to that fact and you can expect CBSA come after her to remove her and issue an exclusion order. It's possible she could also be detained.

If you're not willing to have her leave Canada, then I would forget about applying for the TRP. She'll have to stay under the radar for the 2+ years it will take for her to qualify to be sponsored for PR. Keep in mind that she won't qualify for any sort of coverage under our health care plan. Not sure there are any options for private health insurance if you're in a country illegally. But you can certainly look into that.

 

[canuck_in_uk]

Definitely wouldn't do that. This route would only be an option if she had entered Canada legally and then fell out of status. Since he entered illegally, submitting a TRP application from Canada will only draw attention to that fact and you can expect CBSA come after her to remove her and issue an exclusion order. It's possible she could also be detained.

If you're not willing to have her leave Canada, then I would forget about applying for the TRP. She'll have to stay under the radar for the 2+ years it will take for her to qualify to be sponsored for PR. Keep in mind that she won't qualify for any sort of coverage under our health care plan. Not sure there are any options for private health insurance if you're in a country illegally. But you can certainly look into that.

I don't think there is any chance of staying under the radar. Applying for sponsorship will still reveal that she entered the country illegally. As this is a serious criminal action, I doubt it will ignored by IRCC or forgiven in the same way that they forgive being out of status.

 

[bafonso]

Not that I approve of illegal actions but they could apply Outland since Canada has no record of her entering. She could get travel insurance too from USA.

At any rate, given they're two years away from applying it seems to me that it's an untenable situation.

 

[canuck_in_uk]

Not that I approve of illegal actions but they could apply Outland since Canada has no record of her entering. She could get travel insurance too from USA.

At any rate, given they're two years away from applying it seems to me that it's an untenable situation.

She would still need to declare that she is in Canada and they would still realize she entered illegally.

 

[sahiljain22]

I have a simple advise, go back to USA. Then apply outland.

You will end up with your wife being permanently inadmissable to Canada. Or you will spend thousands on lawyers and it will drag on for years. Entering illegally is a whole lot worse than a DUI. I know others in your situation who live in the US or even one spouse lives in Canada and the other across the border.

Things are not how they were 10-20 years ago.