Petty Misdemeanor... help?

[rbkrzmarcik]

Good morning,

I am sponsoring my husband from the USA to become a permanent resident. The offices in Buffalo have requested additional information from us and we are just concerned if this is going to be a big deal or not...
Over 5 years ago my husband had a petty misdemeanor (theft) under the 400$ bracket. There was no arrest made, just a fine that was paid on time. The FBI check that we had did not state anything about this however in our written application we did include it as to not lead any false information. They have request the official documents from that time and we are getting them sent to us this week.
Question being, is this something that can severly delay our application or deem him inadmissable? Our concern was the fact that it didn't even show up on his FBI check.
We just want to see about some feedback so we can prepare ourselves. Other then this one thing, they have already told us an interview is not required and this seems to be the only thing outstanding.

Any insights??

 

[AllisonVSC]

I have no experience with this but searched the cic website. Source and quote found below. I suspect, given the time frame and description you provided, he will not be deemed inadmissible, but that is only my opinion. Hopefully others can tell you more. As for whether or not it delays processing, I would be interested to hear what other members have to say to that as well.

SOURCE http://www.cic.gc.ca/english/visit/conviction.asp#deemed

Depending on the nature of the offence, the time elapsed and your behaviour since it was committed or since you were sentenced, you may no longer be considered inadmissible to Canada. You may be permitted to come to Canada if

you are able to satisfy an immigration officer that you meet the legal requirement to be deemed rehabilitated; or
you have applied for rehabilitation and your application has been approved; or
you have obtained a pardon; or
you have obtained a temporary resident permit.
Deemed rehabilitation

You may be deemed rehabilitated if you meet the requirements of the Immigration and Refugee Protection Act. Depending on the nature of your offence, at least five years and as many as 10 years must have passed since you completed the sentence imposed for your crime. Deemed rehabilitation also depends on whether you have committed one or more offences. In all cases, you may only be deemed rehabilitated if the offence committed would be punishable in Canada by a maximum term of imprisonment of less than 10 years.

You are not required to submit an application to be deemed rehabilitated. However, before arriving at a port of entry, we strongly advise you to contact a Canadian embassy, high commission or consulate outside Canada to see if you qualify.

 

[pitap]

Re: Petty Misdemeanor... help? -- Deemed Rehabilitation @ POE

Hello,
I am in a similar situation to your husband. I had my charges dropped more than 15 years ago, but CIC has delayed my file for background checks since September! I'm wondering if you have had any movement with your husband's file. I'm thinking about trying to go a Port of Entry to get Deemed Rehabilitated. Has anyone done that and used it successfully to move things along with CIC?

 

[Belinasha]

There was another poster who had a similar case as yours. Their charges were dismissed though and all they provided was a clean state check and court documents pertaining to their case. Their timeline from start to finish was around 7 months. As long as you provide everything they require, I don't think it adds on too much extra time. From what you wrote, it doesn't seem like he was convicted of anything since that would show up on the FBI..even if it was a non-conviction. As long as the fines were paid and there was no jail time or arrest, I doubt you'll have an issues.