My husband and I are in the process of completing our paperwork for our PR application. He is from the United States, I am from Canada.
He has one "conviction" on his record, which was a fine of $600 for simple marijuana possession of under 7 grams on January 1, 2010. I understand that as of January 1, 2020, he will automatically be deemed criminally rehabilitated without any need to apply for the decision.
As we intend to file our paperwork late this spring, I was looking up what would be required to have him deemed criminally rehabilitated beforehand so there is no way it is a sticking issue. It looks like he would require FBI and state police records. We have already applied for his FBI clearance for the general PR application, as we understand it can take upwards of 16 weeks to complete.
That said, am I wasting my time delaying the application to wait for the FBI background clearance to come back to have him criminally rehabilitated, considering how close we are to reaching his ten year mark, and the fact that January 1, 2020, will likely pass before our PR request is even finalized? Would he be deemed criminally inadmissible based on a misdemeanor he received 9 years ago, which is no longer considered a crime in Canada? He has travelled back and forth to Canada dozens of times over the years as a visitor without issue. We did order his global entry notes from the border and see that they do acknowledge that he has one charge on his criminal record (being the marijuana possession), and it has never stopped or slowed him down from entering.
I am worried that if we don't go through the process to have him deemed rehabilitated that it may void our entire application, only having us to have to reapply come January - or - when the FBI clearance becomes available to us.
Thoughts?
He has one "conviction" on his record, which was a fine of $600 for simple marijuana possession of under 7 grams on January 1, 2010. I understand that as of January 1, 2020, he will automatically be deemed criminally rehabilitated without any need to apply for the decision.
As we intend to file our paperwork late this spring, I was looking up what would be required to have him deemed criminally rehabilitated beforehand so there is no way it is a sticking issue. It looks like he would require FBI and state police records. We have already applied for his FBI clearance for the general PR application, as we understand it can take upwards of 16 weeks to complete.
That said, am I wasting my time delaying the application to wait for the FBI background clearance to come back to have him criminally rehabilitated, considering how close we are to reaching his ten year mark, and the fact that January 1, 2020, will likely pass before our PR request is even finalized? Would he be deemed criminally inadmissible based on a misdemeanor he received 9 years ago, which is no longer considered a crime in Canada? He has travelled back and forth to Canada dozens of times over the years as a visitor without issue. We did order his global entry notes from the border and see that they do acknowledge that he has one charge on his criminal record (being the marijuana possession), and it has never stopped or slowed him down from entering.
I am worried that if we don't go through the process to have him deemed rehabilitated that it may void our entire application, only having us to have to reapply come January - or - when the FBI clearance becomes available to us.
Thoughts?
