Inland Sponsorship DUI Trouble

[Maya Canada]

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.

Hi thank you for sharing your situatio

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.

Hi thank you for sharing , we are practically in the same situation, immigration to Canada is not as easy as many think plus many things are messed up with the system fraudster get the go ahead with arrange or fake marriages and the genuine ones suffers . I will like to know which crossing your spouse did by foot and was fine, we don't care anymore my spouse have to be with me because a simple dui make a person barred for 5 years it's none sense the president have dui lol , the separation of spouses is not right. Canada is usually a humane country and I see too many things going on - on the contrary for genuine couples and many crossing the borders applying for refugee by foot . looking forward to your response and or if you want to inbox me or I can send my email address. Thanks very much

 

[canuck78]

Hi thank you for sharing your situatio


Hi thank you for sharing , we are practically in the same situation, immigration to Canada is not as easy as many think plus many things are messed up with the system fraudster get the go ahead with arrange or fake marriages and the genuine ones suffers . I will like to know which crossing your spouse did by foot and was fine, we don't care anymore my spouse have to be with me because a simple dui make a person barred for 5 years it's none sense the president have dui lol , the separation of spouses is not right. Canada is usually a humane country and I see too many things going on - on the contrary for genuine couples and many crossing the borders applying for refugee by foot . looking forward to your response and or if you want to inbox me or I can send my email address. Thanks very much

I would STRONGLY advise your spouse not to enter by foot and hope he doesn't get caught that day so he can live without status in Canada. Both your situations are complicated enough with a DUI or fraud charge plus a rejected asylum claim. Yes Canada makes spousal sponsorship pretty easy if there are no issues. Understandable that Canada wouldn't want some criminals to ever move to Canada and would want to make sure that criminal acts is not a trend and only a one time thing for others. If your spouse gets caught sneaking into Canada get prepared for jail time and likely never being able to live in Canada. If you do get away with it CBSA or IRCC will figure out that you entered Canada somehow. Most individuals without status in Canada originally came in on a visitor visa and overstayed and didn't walk across the border. It will likely lead to more problems with your application.

 

[canuck_in_uk]

Hi thank you for sharing your situatio


Hi thank you for sharing , we are practically in the same situation, immigration to Canada is not as easy as many think plus many things are messed up with the system fraudster get the go ahead with arrange or fake marriages and the genuine ones suffers . I will like to know which crossing your spouse did by foot and was fine, we don't care anymore my spouse have to be with me because a simple dui make a person barred for 5 years it's none sense the president have dui lol , the separation of spouses is not right. Canada is usually a humane country and I see too many things going on - on the contrary for genuine couples and many crossing the borders applying for refugee by foot . looking forward to your response and or if you want to inbox me or I can send my email address. Thanks very much

This forum is not the place to ask how to commit a crime.

Immigrating to Canada isn't easy for those who have a failed refugee app and a criminal record, nor should it be. Fraud marriages have nothing to do with the situation you are in; the fault for that lies entirely with your spouse and the life choices he made.

Canada has a prime minister, not a president, and he does not have a DUI conviction.

If you really want to be with your spouse, you need to move to his country.

 

[Maya Canada]

CAnuck-in -UK

What I am saying is that many officers are bias and not fair and you are aware of it - it does go on and of course you know that. There have been many fraud marriages approved it was made public why were they not scrutinized in the first place it was made public after the fact and the genuine marriages go through a stream of hell.

I was referring to president bush he has a dui look it up and he was a president.

I am a born Canadian citizen and deprived of my spouse not being with me just because of a simple criminality that's it.

You cannot sit there and tell me that if I want to be with my spouse I should move to his country where is my rights as a citizen of Canada? People walked across the border all last year from the states and not a single charge once they said they are claiming refugee status and is n't that a crime they have committed ? of course it is once some enters Canada illegally they should be
Processed for illegal entry and it's jail time also so that makes them inadmissible even to apply for asylum so how is it that they are not arrested for illegal entry and processed by the court and not detained and become inadmissible instead they are sheltered at the Montreal stadium then given a house and welfare until who knows when while their asylum case is being processed for months or years and they are able to get Health care, financial assistance, housing and all of it and I have to work for what I want right ? How nice and I have to be without my legal married spouse , very fair right ? That's equality and justice ?

 

[scylla]

What I am saying is that many officers are bias and not fair and you are aware of it - it does go on and of course you know that. There have been many fraud marriages approved it was made public why were they not scrutinized in the first place it was made public after the fact and the genuine marriages go through a stream of hell.

I was referring to president bush he has a dui look it up and he was a president.

I am a born Canadian citizen and deprived of my spouse not being with me just because of a simple criminality that's it.

You cannot sit there and tell me that if I want to be with my spouse I should move to his country where is my rights as a citizen of Canada? People walked across the border all last year from the states and not a single charge once they said they are claiming refugee status and is n't that a crime they have committed ? of course it is once some enters Canada illegally they should be
Processed for illegal entry and it's jail time also so that makes them inadmissible even to apply for asylum so how is it that they are not arrested for illegal entry and processed by the court and not detained and become inadmissible instead they are sheltered at the Montreal stadium then given a house and welfare until who knows when while their asylum case is being processed for months or years and they are able to get Health care, financial assistance, housing and all of it and I have to work for what I want right ? How nice and I have to be without my legal married spouse , very fair right ? That's equality and justice ?

If I remember correctly, your situation is more complex that the OP's since your spouse has a failed refugee claim and an overstay in Canada on top of the criminality issue. Have you spoken to a lawyer yet about the criminality issue? If I remember correctly, his criminality issue occurred in Canada. The inadmissibility rules for crimes that occurred in Canada are somewhat different and it would be a good idea to confirm when he in fact qualifies for rehab or if he has to go through the rehab process. He will also need an ARC as a failed refugee claimant.

 

[Maya Canada]

Yes thank you SCYLLA for your feedback, I have retained a lawyer we are going through the process with an experienced immigration lawyer. It has been over 10 years for the criminality. There are days that makes me frustrated thus the reason for my questions because I'm aware of the complexity but there are many things that I see go on with other op removed from Canada or the US and re- enter and file for asylum and win at the federal court level granted to be assess by another officer either for PRAA or under H&C stream or spousal. Once the person enter illegally it's an inadmissibility - I wonder where and how they got away with it covered under the carpet?

 

[canuck_in_uk]

CAnuck-in -UK

What I am saying is that many officers are bias and not fair and you are aware of it - it does go on and of course you know that. There have been many fraud marriages approved it was made public why were they not scrutinized in the first place it was made public after the fact and the genuine marriages go through a stream of hell.

I was referring to president bush he has a dui look it up and he was a president.

I am a born Canadian citizen and deprived of my spouse not being with me just because of a simple criminality that's it.

You cannot sit there and tell me that if I want to be with my spouse I should move to his country where is my rights as a citizen of Canada? People walked across the border all last year from the states and not a single charge once they said they are claiming refugee status and is n't that a crime they have committed ? of course it is once some enters Canada illegally they should be
Processed for illegal entry and it's jail time also so that makes them inadmissible even to apply for asylum so how is it that they are not arrested for illegal entry and processed by the court and not detained and become inadmissible instead they are sheltered at the Montreal stadium then given a house and welfare until who knows when while their asylum case is being processed for months or years and they are able to get Health care, financial assistance, housing and all of it and I have to work for what I want right ? How nice and I have to be without my legal married spouse , very fair right ? That's equality and justice ?

The system is not perfect. There will always be fraud. That still has no bearing on your situation.

This is Canada. If you want to refer to an American president, then actually refer to an American president instead of just saying "the president".

Being a born Canadian citizen has nothing to do with it. I am a born Canadian citizen and would never expect that to give my partner the right to come to Canada.

Do some research. Canada follows international and UN policy to not penalize refugees who enter illegally. And again, the refugee situation has no bearing on your situation.

You don't have to be without your spouse. You can quite easily go be with him.

 

[Maya Canada]

ok Canuck -in-uk --Great at least we are on the same page -exactly regarding the system is not perfect fine but I have heard many stories of genuine spousal sponsorship and the grilling I'm aware the VO has a job to do and to ensure consistency / with genuine marriage / relationships however many flaws in the system.

No need for bashing and to refer to American president anyone can fall into issues even such past leaders,

And I was referring to inadmissibility on the topic of entry many cases went to federal court with various inadmissibility even OP without status and their cases are sent back for redetermination. Illegal entry to Canada is a crime like it or not - it should be prosecuted but many get away with it. Thus the reason cause inadmissibility, no one is saying that I cannot be with my spouse the point is everyone is entitled to sponsor their spouse if they choose to and to be with whoever they love. Where is justice and equality go figure. And no need to be defensive I was merely responding to your comment and how the system can be unjust. I have and done many research I have a university degree and worked with UN programs and policy.

There is a saying you gotta "walk in someone's shoes to experience and understand what they go through in life". This could of been you or anyone for that matter in such situation

 

[canuck_in_uk]

ok Canuck -in-uk --Great at least we are on the same page -exactly regarding the system is not perfect fine but I have heard many stories of genuine spousal sponsorship and the grilling I'm aware the VO has a job to do and to ensure consistency / with genuine marriage / relationships however many flaws in the system.

No need for bashing and to refer to American president anyone can fall into issues even such past leaders,

And I was referring to inadmissibility on the topic of entry many cases went to federal court with various inadmissibility even OP without status and their cases are sent back for redetermination. Illegal entry to Canada is a crime like it or not - it should be prosecuted but many get away with it. Thus the reason cause inadmissibility, no one is saying that I cannot be with my spouse the point is everyone is entitled to sponsor their spouse if they choose to and to be with whoever they love. Where is justice and equality go figure. And no need to be defensive I was merely responding to your comment and how the system can be unjust. I have and done many research I have a university degree and worked with UN programs and policy.

There is a saying you gotta "walk in someone's shoes to experience and understand what they go through in life". This could of been you or anyone for that matter in such situation

There was no bashing. Your reference to "the president"was a bit out of place with no context on a Canadian forum.

I'm still not quite sure what you are getting at about illegal entry. As I already said, Canada follows UN and international convention that people who enter illegally to claim refugee status are not prosecuted for their method of entry.

The issue is that right now, because of his own choices, your spouse does not qualify to be sponsored. The fact that he is not eligible is not negating your right to sponsor. You can apply to sponsor him now and you would be approved as a sponsor. However, the app would later be refused because of him.

 

[YVR123]

I will like to know which crossing your spouse did by foot and was fine, we don't care anymore my spouse have to be with me because a simple dui make a person barred for 5 years it's none sense the president have dui lol , the separation of spouses is not right.

I was wondering who is "the president" referring to.... Mexico? India? France?
We don't have a president and DUI is a serious crime. You could KILL someone on the road.

Did your spouse went through proper rehab process?

Here is some old news on Bush's previous DUI:
https://abcnews.go.com/International/story?id=82199&page=1

 

[LifeDreamer]

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.

You will inevitably have to highlight the illegal entry on her TRP, PR or the rehabilitation application, because she must list all previous addresses and personal activities in the past. The thing is, entering without inspection is an offense and misrepresentation is not a good strategy should you choose to lie on the immigration forms, because you could be challenged on the stated facts and asked to provide further proof of stay in the US. Now, given the circumstances of your sick father and her connection to you I'd say the odds are very low that she will be charged for it, or at most given anything but a conditional discharge. This is especially true if she had left voluntarily, so I'll assume we'll only end up with the DUI matter here. The PR application does not care about someone's immigration past or illegal status, so you have a bit of relief there. However, because of the DUI she must apply for rehabilitation and that application does care about someone's immigration history and past violations. The illegal entry and unlawful stay in Canada will unfortunately stack against your wife's chances of being approved for rehabilitation in the future. The fact that she's married to a Canadian has no bearing on her application and will be weighed neutrally. The other option is to apply for humanitarian & compassionate relief for your wife, it allows her to gain PR status if approved and can be applied for now without waiting for any number of years. There is no guarantee this application will be approved, but your case represents the typical profile of most applications submitted and there are both positive and negative factors to be considered (your father's medical condition and your wife's illegal entry).

I hope your situation will resolve favorably and I hope your father will get well soon.

 

[canuck78]

You will inevitably have to highlight the illegal entry on her TRP, PR or the rehabilitation application, because she must list all previous addresses and personal activities in the past. The thing is, entering without inspection is an offense and misrepresentation is not a good strategy should you choose to lie on the immigration forms, because you could be challenged on the stated facts and asked to provide further proof of stay in the US. Now, given the circumstances of your sick father and her connection to you I'd say the odds are very low that she will be charged for it, or at most given anything but a conditional discharge. This is especially true if she had left voluntarily, so I'll assume we'll only end up with the DUI matter here. The PR application does not care about someone's immigration past or illegal status, so you have a bit of relief there. However, because of the DUI she must apply for rehabilitation and that application does care about someone's immigration history and past violations. The illegal entry and unlawful stay in Canada will unfortunately stack against your wife's chances of being approved for rehabilitation in the future. The fact that she's married to a Canadian has no bearing on her application and will be weighed neutrally. The other option is to apply for humanitarian & compassionate relief for your wife, it allows her to gain PR status if approved and can be applied for now without waiting for any number of years. There is no guarantee this application will be approved, but your case represents the typical profile of most applications submitted and there are both positive and negative factors to be considered (your father's medical condition and your wife's illegal entry).

I hope your situation will resolve favorably and I hope your father will get well soon.

Not sure whether CIC or CBSA will be so willing to overlook someone being refused entry at the border who decides to cross the border on foot the same day.

 

[keesio]

I was wondering who is "the president" referring to.... Mexico? India? France?

Just life living next to our much larger neighbour. No wonder Canadians have an inferiority complex if even native born Canadians still think of things with context to the USA.