It was in 2003 in the USA a domestic violence assault, but the case was closed 19 years ago, so what is the best approach to the Ircc letter, should I reply them in a letter explaining to them the incident? , I really don't want the 5 years ban. Kindly advice, I feel it is unfair that the the CIC judge people based on old mistakes we are all humans we all make mistakes in our life's and we learn from them, for the past 18 years I was able to built my career and never been in any sort of trouble after that incident, when we are young and stupid mistakes happens...
''should I reply them in a letter explaining to them the incident?'' maybe you lost your chances at the exact moment your answer was ''no'' . At least USA immigration process when you answer a similar question like that with an ''yes'', they open up a blank box in order for you to give your explanation. I don't know if the same goes for Canada.
The mistake they are judging you about is not exactly of what you did in your past, not dear, let me tell you it is not about that closed case, really? haven't you know or are you just playing dead here? They did this because you made a mistake, it is clear, but let me tell you a thing, your mistake is not exactly the one you are thinking about, your mistake was in the present, and was this: you hide an existing information (just because it was in the past or it is actually a ''closed case'', does not mean it did not exist, it did exist obviously, and you responded as if didn't (That is really why they sent you that message) they assumed you lied, well, honestly, it was not an assumption, they know you lied. And this is something that they do not forgive.
Good luck, kindly my suggestion is to forget about Can, don't waste money on lawyers because they are just going to create a bubble in your head with the purpose of taking your money, because they already know this is a case that they can't win (at least that.... this ''closed case'' resulted to be a false inquiry of your ex, and you were innocent of those charges, if not... Try AUS, some European countries, or some countries that do not possess any international agreement with USA. Could be Russia or China, their arch enemy. You more than anyone here must know if it is a lost case (based on the statements of that -closed case-).
3 a) Have you ever committed, been arrested for, or been charged with or convicted of any criminal offence in any country or territory?
Did you also hide this information from your agent? because if he did know that you were charged in your past, you wasted your money in a bad one agency (if that's true, I don't know if to believe it was done by an consultancy agent). You spent years in USA, so you must know that even if it is a ''case closed'', it happened, and they will always know it until the day you die man, hence, Canada will know it as well. Didn't you know that both countries have an agreement of exchanging information between one and another (you lived in one of those countries man, everyone knows this information about the sharing of info between them). The answer for this question is yes or not. I repeat: I do not know about this CIC process, but in USA immigration process, when your answer to a question like this is ''yes'', it open up a box where you can give detail information to explain yourself why you did that criminal act (just as you are doing up there). Your chances would have been more positives, maybe it would had happen the same with CIC process.
This answer should have been responded with a -Yes- , remember this dear: CIC is like women, they start to ask questions of things that they already know the answers of, just to catch your lies (since you were born). Furthermore, in this question they did not specify if you committed something in the past 18 years, they were very clear, that it is an direct question, and when someone ask you a question and do not state an specification, you have to answer picturing your whole existence, in fact, they did specified something, they said: -committed- that is in past tense, Let me give you this breakfast: 19 years ago happened to be in the past actually, their question was not if the action committed is closed or open, maybe they would have ask you (as USA immi-process, that if you answer [yes] , they keep on asking question about this 'yes', did you try with an ''yes'' to see what the popup menu would shown? I guess you blow off your chances of explaining your case by answering 'no' . Do not justify yourself just because it happen 19 years ago, the question was about your life in general, (of course 19 years ago was included). this question was not about the past 17 years. , even include when you were a toddler. Their conclusion was that you lied.
The first thing a knew about Canadians is that they get angry when someone lies, as everyone know Canadians get extremely angry about it. Something I applaud, really, because I am like that.
Kindly only you know the answer to your question, because you know how deep was that case, maybe if that was a normal and common relationship fight (those that remain indoors) you had have your chances of putting a ''no'' to your answer, but as long as it was open in court, well well, that's another story, and that my friend, closed or open, was charged by officials. If she was right, well, correction: if your ''closed case'' says she was right, you are dead flesh for Canada. Sorry, for your case, this is all I can give you.
I'll cite in here one of my fav quotes: ''
Ayn Rand- “
We can ignore
reality, but we cannot ignore the consequences of ignoring
reality.”