Rehabilitation visa

[Fabijohns]

hello, I was deported from the USA, I had 1 felony charge from 20 years ago. Have no other charges since or before. I have an American husband and adopted child in the us. His company has 10 different places in Canada that he can transfer to if he were to get a job, home etc. Will they accept me in as his wife? I would still need to apply for rehabilitation visa? E need to reunite our family and since he has job opportunities and is American Canada seems like the best choice for our family.

 

[Buletruck]

Probably not as simple as it sounds. There are specific guidelines for transferring from a US company to a Canadian subsidiary. It's not as simple as applying for a transfer and there are specific requirement to be met. More details here:

http://www.cic.gc.ca/english/work/special-business.asp

As for your criminal background, it would all depend on the felony charge and whether they decide you are deemed rehabilitated or require rehabilitation. Note that for some charges, you may find that they have deemed you inadmissible and there will be no options for you (essentially a life time ban). More info here:

http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

 

[Fabijohns]

Probably not as simple as it sounds. There are specific guidelines for transferring from a US company to a Canadian subsidiary. It's not as simple as applying for a transfer and there are specific requirement to be met. More details here:

http://www.cic.gc.ca/english/work/special-business.asp

As for your criminal background, it would all depend on the felony charge and whether they decide you are deemed rehabilitated or require rehabilitation. Note that for some charges, you may find that they have deemed you inadmissible and there will be no options for you (essentially a life time ban). More info here:

http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

 

[Fabijohns]

Deemed rehabilitation
Deemed rehabilitation, under Canada’s immigration law, means that enough time has passed since you were convicted that your crime may no longer bar you from entering Canada.

You may be deemed rehabilitated depending on:

• the crime,
• if enough time has passed since you finished serving the sentence for the crime and
• if you have committed more than one crime.

In all cases, you may only be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.

Probably not as simple as it sounds. There are specific guidelines for transferring from a US company to a Canadian subsidiary. It's not as simple as applying for a transfer and there are specific requirement to be met. More details here:

http://www.cic.gc.ca/english/work/special-business.asp

As for your criminal background, it would all depend on the felony charge and whether they decide you are deemed rehabilitated or require rehabilitation. Note that for some charges, you may find that they have deemed you inadmissible and there will be no options for you (essentially a life time ban). More info here:

http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

 

[Fabijohns]

It was a drug offense, served 2 years not in jail but a detention center, 1 crime, served the time 20 years ago.

 

[Buletruck]

So that should be an issue...worst case you need to apply for rehabilitation. The job might be more of a challenge.

 

[Fabijohns]

So that should be an issue...worst case you need to apply for rehabilitation. The job might be more of a challenge.

Even if my husband gets a job offer from his company in Canada. He has worked with them for 18 years he is a sales manager for the whole Florida region.

 

[Buletruck]

Even with a transfer, he would only be looking at a temporary term. It may be more effective to look into immigration rather than a transfer.

Intra-company transferee
This is a person who is sent to work for the same company in a different country. If this is your case, you must:

• have worked
  • on an ongoing basis,
  • for at least one year in the last three years,
  • for the same or a related employer in the United States or Mexico,
• be transferred to Canada to work short term for the same or a related employer,
• work as a manager, as an executive or in a job that uses specialized knowledge, and
• have a work permit.

 

[Fabijohns]

I’m so sorry, for all these questions, thank you for answering me so quickly, I just got the 9th circuit Court letter rejecting my immigration appeal. I just can’t stop crying... I don’t know what todo I feel like my life is over, I don’t know who you are but I’m glad you are here. I can’t call my husband like this or let my family see how devastated I am right now.

Best regards, fabi johns

 

[Fabijohns]

If my husband were to look into immigrating to Canada, his credentials, no criminal record. 25 year experience in the same industry, territory sales manager for the whole Florida region. Highly regarded by his superiors. His current job owns the biggest ink company of Canada, with differ the locations across Canada. Would he make a good candidate for immigration? Thanks

 

[Buletruck]

There are a lot of variables and I'm not really in a position to say yes or no to that question. What I can say is that, when applying for immigration to Canada, past indiscretions are far less of a factor than most countries. Minor criminal issues (drug offences) aren't viewed as a permenent barrier nor is your deportation, provided all these are noted on the application. Honesty is the key when making applications to Canada.
Others here have significantly more experience with this, but it seems Express Entry or a provincially sponsored program may be the best route. I'd start postin enquires to that portion of the forum. Having an employer/employment opportunity in Canada would also be beneficial.

http://www.canadavisa.com/canada-immigration-discussion-board/forums/express-entry-expression-of-interest.54/

http://www.canadavisa.com/canada-immigration-discussion-board/forums/skilled-worker-professional-immigration.4/

http://www.canadavisa.com/canada-immigration-discussion-board/forums/provincial-nomination-program-immigration.6/

 

[scylla]

How recently were you deported from the US? And were you in the US for some period of time without status? If so - how long? All of this will also play a factor in whether you are allowed into Canada on a temporary visa (even without the felony to worry about). We need more details about your immigration history in the US.

 

[Fabijohns]

There are a lot of variables and I'm not really in a position to say yes or no to that question. What I can say is that, when applying for immigration to Canada, past indiscretions are far less of a factor than most countries. Minor criminal issues (drug offences) aren't viewed as a permenent barrier nor is your deportation, provided all these are noted on the application. Honesty is the key when making applications to Canada.
Others here have significantly more experience with this, but it seems Express Entry or a provincially sponsored program may be the best route. I'd start postin enquires to that portion of the forum. Having an employer/employment opportunity in Canada would also be beneficial.

http://www.canadavisa.com/canada-immigration-discussion-board/forums/express-entry-expression-of-interest.54/

http://www.canadavisa.com/canada-immigration-discussion-board/forums/skilled-worker-professional-immigration.4/

http://www.canadavisa.com/canada-immigration-discussion-board/forums/provincial-nomination-program-immigration.6/

Thank you, I used to work in the states at saks fifth avenue department store I was a manager there for almost 10 years, I know they opened a store in Canada last year. I will definitely inquire about a job there. Also is it better to go to my Canadian consulate here in Colombia Bogota, to apply for the rehabilitation visa, or is it just the same if I do it online myself. What is going to take time is getting the fbi finger prints put I read they do that at the Canadian consulate in Bogota I’m living in Medellin now so it’s far.

Fabi Johns,

 

[Fabijohns]

How recently were you deported from the US? And were you in the US for some period of time without status? If so - how long? All of this will also play a factor in whether you are allowed into Canada on a temporary visa (even without the felony to worry about). We need more details about your immigration history in the US.

I entered the us with my family as a permanent resident in 1973 I was 8 years old. I went to school, college and then started working to pay for collage. I worked in the same industry all my life getting promoted to another department store as manager. Then in 1995 I was arrested when they came looking for an ex boyfriend I had for 3 months then left him when I found out what he did for a living. I was 3 months pregnant, I lost the baby at birth prematurely, then that’s when I got arrested they heard a conversation I had with him about needing money to get the baby cremated and they thought we were talking in code about drugs. They were looking for him so they got me instead a Colombian citizen that’s all they needed to know they said if I had him come to the states they would arrest him and let me go, I got scared and couldn’t do it. I was scared about what he could do to my family. Do I plead guilty to s crime I didn’t commit on the advice of a public defender. I was young and stupid. I didn’t let my family know I was so embarrassed. I was never advised if I plead guilty I would lose my permanent resident status. And this is what has continued to hunt me for the rest of my life. I was deported on April of 2016. I just got the final decision by the 9th circuit court. I could send you a copy of that would help you. I’m married to an American citizen and when we were adopting our son and I have my finger prints for grating of the adoption I was arrested by Immigration. I’ve been fighting this immigration case for almost 20 years. Until 2 days ago when my lawyer said we could go to the Supreme Court to try and fight it there, but we are exhausted and have depleted or savings. It’s been a nightmare. I’ve been apart from my husband, son and my animals for almost 2 years in November 4th. My husband doesn’t speak Spanish so he getting s job and leaving his whole world behind is not an option, so Canada is the best choice for us as a family and we could take our animals and furniture to Canada. It’s my dream to be reunited with my family in Canada. I want to stop crying and living in a bed cause I want to hide from my reality. I need help, my family needs me back and I desperately need them do I can start living again. I feel like I’m in a dark tunnel with no way out.

 

[Buletruck]

As I said, I don't have a lot of familiarity with the process, but generally embassies and consulates don't take visitors or applications in person. Follow this link:

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp