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Misdemeanour found on Police Clearance from US

sababx

Hero Member
Feb 15, 2017
466
70
Calgary
Visa Office......
Canada
NOC Code......
6235
Hi

So my brother got invited to apply as a dependent due to my parents. Brother lives in USA. He had a misdemeanour when he was 19 (small marijuana and alcohol possession). The entire thing got expunged back in 2020. In 2021 when my dad did the application he put in “no” to conviction as he didn’t know. But now on the last stage, wheb IRCC requested everyones police clearance we found it out. However, the entire case has been fixed and was not charged under any offence but just a day of commission work.
Question is, we have 2 weeks to submit all these. How do we proceed?
 

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi

So my brother got invited to apply as a dependent due to my parents. Brother lives in USA. He had a misdemeanour when he was 19 (small marijuana and alcohol possession). The entire thing got expunged back in 2020. In 2021 when my dad did the application he put in “no” to conviction as he didn’t know. But now on the last stage, wheb IRCC requested everyones police clearance we found it out. However, the entire case has been fixed and was not charged under any offence but just a day of commission work.
Question is, we have 2 weeks to submit all these. How do we proceed?
You have to submit the PCCs. You'll need to provide an explanation of why you father answered no in the application. In addition to the PCCs, I would strong recommend you submit all of the police / legal paperwork related to your brother's arrest / charge / expungement.
 
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sababx

Hero Member
Feb 15, 2017
466
70
Calgary
Visa Office......
Canada
NOC Code......
6235
Have you heard of this case before? Just very confused about what to do
 

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Have you heard of this case before? Just very confused about what to do
If you're confused then I would recommend you hire an immigration lawyer to help you.

Your father definitely should have answered yes even with the expunged charge. You have no choice but to submit the PCCs and provide an explanation. If you're not sure how to go about that, then get a consult with a lawyer asap.
 

sababx

Hero Member
Feb 15, 2017
466
70
Calgary
Visa Office......
Canada
NOC Code......
6235
If you're confused then I would recommend you hire an immigration lawyer to help you.

Your father definitely should have answered yes even with the expunged charge. You have no choice but to submit the PCCs and provide an explanation. If you're not sure how to go about that, then get a consult with a lawyer asap.
thanks for the reply. Father had no idea :(
 

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010