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Previous Immigration-related arrest in the USA

NovaProspekt

Member
Dec 10, 2015
19
1
Hello guys, this forum seems to be very knowledgeable and helpful so I thought I'd ask here.

-I was arrested by USA border patrol in Jan. 2014 for sneaking into the USA illegally from my country of origin, Mexico. I was held overnight and deported to Mexico in the morning
-Later, I applied for a work visa to Canada and I fully disclosed this event to CIC. The visa was approved and everything went smoothly.
-I am again back in Mexico and I am preparing to apply to Express Entry (476 CRS points)
-I have USA background checks on myself from 2012 and 2015, and have not lived in that country since 2009. The first background check is clean and the second shows the arrest as follows:

CHARGE 1 ALIEN INADMISSIBILITY UNDER SECTION 212
CHARGE 2 ENTRY OF ALIEN AT IMPROPER TIME OR PLACE MISREP
CHARGE 3 ENTRY OF ALIEN AT IMPROPER TIME OR PLACE MISREP

-From what I understand, the 2012 background check is technically acceptable since it was issued after I lived in the USA in 2009
-When I submit my USA background checks to CIC for the EE application, can I submit the clean one from 2012 or must I submit the 2015 one?

Thanks in advance!
 

scylla

VIP Member
Jun 8, 2010
95,077
21,639
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
You need to submit the new one. CIC will find out anyway when they perform the background/security check.

Hope you declared that you were refused entry / removed in your application.
 

The Robust

Hero Member
Dec 15, 2014
595
31
Category........
Visa Office......
LVO
NOC Code......
1111
Job Offer........
Pre-Assessed..
App. Filed.......
CAP REACHED
Doc's Request.
Applied in Express Entry
NovaProspekt said:
Hello guys, this forum seems to be very knowledgeable and helpful so I thought I'd ask here.

-I was arrested by USA border patrol in Jan. 2014 for sneaking into the USA illegally from my country of origin, Mexico. I was held overnight and deported to Mexico in the morning
-Later, I applied for a work visa to Canada and I fully disclosed this event to CIC. The visa was approved and everything went smoothly.
-I am again back in Mexico and I am preparing to apply to Express Entry (476 CRS points)
-I have USA background checks on myself from 2012 and 2015, and have not lived in that country since 2009. The first background check is clean and the second shows the arrest as follows:

CHARGE 1 ALIEN INADMISSIBILITY UNDER SECTION 212
CHARGE 2 ENTRY OF ALIEN AT IMPROPER TIME OR PLACE MISREP
CHARGE 3 ENTRY OF ALIEN AT IMPROPER TIME OR PLACE MISREP

-From what I understand, the 2012 background check is technically acceptable since it was issued after I lived in the USA in 2009
-When I submit my USA background checks to CIC for the EE application, can I submit the clean one from 2012 or must I submit the 2015 one?

Thanks in advance!
2015 one
 

ozlis

Hero Member
Oct 20, 2015
807
48
Category........
Job Offer........
Pre-Assessed..
You already disclosed it previously to Canada, so they will have record of it.

If you don't declare it now you would be in big trouble.
 

OhMyCanada!

Full Member
Sep 1, 2015
25
1
Hi NovaProspekt

But how did you do the background check? Did you do it yourself or you got a police clearance from the USA?

Is there a way , online, that one can use to do background checks on someone? Am asking because in some countries, the records are not really online, so how can one check in that scenario?

Thanks.
 

NovaProspekt

Member
Dec 10, 2015
19
1
scylla said:
You need to submit the new one. CIC will find out anyway when they perform the background/security check.

Hope you declared that you were refused entry / removed in your application.
I did declare it on the work visa application and will do so again with the EE application. I just hoped that the clean background check would be sufficient since it is well...clean and IT WAS issued after I moved out of the USA
 

NovaProspekt

Member
Dec 10, 2015
19
1
ozlis said:
You already disclosed it previously to Canada, so they will have record of it.

If you don't declare it now you would be in big trouble.
I will declare it I just wondered if I can make a statement about it and still use the clean background check. Anyone know the repercussions of this arrest? I was already approved a work visa after the fact, so that makes me hopeful. The thing is that for that work permit, no background check submission was needed.
 

NovaProspekt

Member
Dec 10, 2015
19
1
OhMyCanada! said:
Hi NovaProspekt

But how did you do the background check? Did you do it yourself or you got a police clearance from the USA?

Is there a way , online, that one can use to do background checks on someone? Am asking because in some countries, the records are not really online, so how can one check in that scenario?

Thanks.
Its very easy, just google it.

I had the old one (2012) for another visa application I had done to Australia