Sister has criminal case due to me .. how to apply and declare for immigration

[ganapathi0505]

Hi All

India is really a backward country where laws are meant to extort and punish the innocent, the morality of country is really low.
Anyway, my wife after 1 month of marriage in USA went back to India and filed 498a dowry criminal case against me and my family including my sister who was pregnant and had many complications during delivery .. anyway, just a bribe of Rs.25,000 ($400) made the cops file FIR came from a different state (my wife home state) to my state to arrest my family .. luckily someone gave an hint while they were asking my parents and sister whereabouts, and my family and sister with 2 young children (one infant) went underground and got anticipatory bail after 4 weeks and the torture of them not having anyone help and they holed in a remote apartment with limited communication was a nightmare .. and then we got stay on FIR till a quash decidsion is made .. but the courts delay a lot its been a year and may take 3 more years just to get a verdict on quashing and prolly total time if I decide to fight on average is 10-13 years. My wife is demanding about 750k USD and she started at 2 million USD after going to India.

Anyway, my wife's step father is threating my family for so long with violence etc apart from cases .. my whole family is highly educated with masters all of them including parents and we are decent people not knowing violence etc.. I want to migrate my sister to Cananda cause I want to make her and two kids with her husband safe first .. my question is the criminal case FIR which also includes my sister and she has got anticipatory bail but no charge sheet filed yet. Can I apply canadian PR and what should I declare in background info .. should I say she has criminal cases or should I not mention it now cause its only FIR right now. Also, she got anticipatory bail and executed it at police station .. so if there's a question - Did you ever get arrested .. what should be the answer? please let me know if this will affect her chances of immigration to canada and getting PR to canada .. I have no doubt she can clear all qualifications, test and experience criteria. Please help .. I am a honest person trying to save my family's life. I appreciate it.

 

[Bs65]

So maybe i missed it but who is planning to apply to emigrate you or your sister ?

 

[ganapathi0505]

I plan to move my sister and her family to Canada with PR .. so her family safe .. Thx

 

[ttrajan]

India is better than Canada. Most of my friends came back to India due to severe winter weather in Canada and unable find good jobs there.

 

[zardoz]

I plan to move my sister and her family to Canada with PR .. so her family safe .. Thx

Regardless of your reasons or your family's circumstances, YOU cannot "move my sister and her family to Canada with PR". THEY will have to qualify for PR under their own merits. You can't sponsor them as you are still married or have living parents. In fact, there is nothing that you have stated so far that indicates that you have any link to Canada at all.

 

[scylla]

I plan to move my sister and her family to Canada with PR .. so her family safe .. Thx

Hopefully you're aware that you cannot sponsor your sister or her family for PR. If they want to move to Canada, they will have to qualify for PR on their own through a program like Federal Skilled Worker / Express Entry. Have you calculated how many points your sister and/or husband have under this program? To date, no one with fewer than 450 points has been selected, recently this number hasn't gone below 480.

As for your question of whether the charges will be a problem - it all depends what appear on the police certificate when it's issued. If they are worried, they can obtain a police certificate now to see if anything shows up.

 

[istari]

India is better than Canada. Most of my friends came back to India due to severe winter weather in Canada and unable find good jobs there.

Firstly, if your friends moved to Canada and were surprised that it gets cold in winter, that says a lot about them and nothing about Canada.

Secondly, OP isn't suggesting he bring his sister to Canada for economic reasons, or the weather.
He wants to move her to Canada because someone is threatening her.

Hi All

I can't speak to the specifics of this case.
But according to this site: https://cicpassport.com/inadmissibility/criminal/
"the alleged activity must be a crime both in the place where it is committed and in Canada"

I know almost nothing about Canadian law, but I'm fairly certain Canada doesn't have dowry laws.

 

[jaymax]

Cant we just answer a query without being judgemental all the time.

You will have to declare all information correctly - but as far as I recall, they only ask for convictions. If I am wrong then forum members please correct me.

Do include an LOE with a referral from a local Police station explaining this is the only case and that too is disputed otherwise your family has excellent record.

Hopefully it will work out as someone else also pointed crime has to be committed in Canada for it to be a concern.

 

[scylla]

Cant we just answer a query without being judgemental all the time.

You will have to declare all information correctly - but as far as I recall, they only ask for convictions. If I am wrong then forum members please correct me.

Unfortunately that's incorrect. If you have been charged (but the case not decided yet) - that can certainly prevent immigration. What matters is what appears on the PCC.

 

[ganapathi0505]

India is better than Canada. Most of my friends came back to India due to severe winter weather in Canada and unable find good jobs there.

I feel their life is in threat .. main reason for wanting to move them ..

 

[ganapathi0505]

Regardless of your reasons or your family's circumstances, YOU cannot "move my sister and her family to Canada with PR". THEY will have to qualify for PR under their own merits. You can't sponsor them as you are still married or have living parents. In fact, there is nothing that you have stated so far that indicates that you have any link to Canada at all.

I understand, I plan apply under Express Entry system and she and her husband both have great qualifications and experience (18 years), I am sure they will get thru that aspect ... I have seen my friends with 1-2 years being accepted.

 

[ganapathi0505]

Hopefully you're aware that you cannot sponsor your sister or her family for PR. If they want to move to Canada, they will have to qualify for PR on their own through a program like Federal Skilled Worker / Express Entry. Have you calculated how many points your sister and/or husband have under this program? To date, no one with fewer than 450 points has been selected, recently this number hasn't gone below 480.

As for your question of whether the charges will be a problem - it all depends what appear on the police certificate when it's issued. If they are worried, they can obtain a police certificate now to see if anything shows up.

This helps thanks much .. I will get the PCC to see anything shows up..

Yes, I plan to apply under Express Entry .. they both have great qualifications with substancial experience 10 and 18 years of experience in top UK, US based companies.

 

[Stanlee]

I understand, I plan apply under Express Entry system and she and her husband both have great qualifications and experience (18 years), I am sure they will get thru that aspect ... I have seen my friends with 1-2 years being accepted.

Even if they meet the requirements of Express Entry and are invited to apply, I am not sure what would be mentioned in the Police Certificate. If the Police Certificate mentions that they have found adverse information about the applicant on record, then it could create a problem then.

 

[ganapathi0505]

May I ask you a question?

Who paid all the expenses of your wedding? Girls parents?

This is my story and you can judge .. I am not saying there may not be any fault on my end but it does not mean I am a criminal and falsely accuse my entire family who did not even live with me or my wife.. you will know the pain when you are lied to, falsely accused and then threatened daily for more than a year for a simple mistake of choosing a wrong partner..

I studied and worked in USA for 10 yrs .. I tried to date but I am not very good with women .. could not get girls to want me..
My Mom highly educated was sick with health issues .. so she wanted me married (I dont see anything wrong)
My dad sudenly collapsed one day due to heart issue.. so I decided to get married quickly .. (this is my fault)

Some marriage broker introduced a family (settled in my hometown more than 20 yrs) they claimed to be well educated our only criteria..
Marriage was registered marriage, they gave a bracelet and ring worth CAN$ 6000, my mom gave necklace (2), ring worth CAN$ 25000 cause she believed she wont live long..
Came to USA 2 days after marrige
After marriage girl extremely abusive verbally within a month starts beating me while I am sitting doing work .. I left my own apartment in USA..
She went back to India in somedays and demanded 2 million USD .. we knew they are after money..
We found out ..her mother filed 498a on her husband ..ran away with current man who pretended to be father and educated (12th grader/.. college dropout).. girl was not educated .. mom was degree holder but not what they claimed.. her brother also not as qualified as told.. they only came to my city few years back NOT 20 yrs as claimed..
We decided not to proceed cause they only wanted money or take wife back for GC ..
Within family agreed to making a mistake of hurrying without background check and offered willfully CAN$ 50,000 as compensation ..
Filed cases on all including sister who is pregnant living elsewhere .. dad mom by themselves ..me in USA..
Filed cases in their home state ... family (twice) and dad (who cant even walk) had to travel 10 hrs for 3 months (weekly or biweekly if officer wanted) .. and now monthly or once in 2 months..
Police officer is also threatning give 2 million (on their links/culture) and we will settle them .. we know all these are false cases but money is needed ..
I think all of them know the corruption and low morality in India especially ruling class ...
I really prefer you decide/judge if me and my family are criminals?? I prefer NOT to be judged by judiciary or law in India ..

I don't think I am really asking sympathy (cause no one will understand) when you haven't faced it..
But I do believe this world is symbiotic and someone somewhere out there in a higher position may help out .. I am living with hope right now ..thats all I have sir..

God Bless..

"Physical Bravery is an animal instinct; Moral Bravery is much higher and truer courage"

 

[ganapathi0505]

Unfortunately that's incorrect. If you have been charged (but the case not decided yet) - that can certainly prevent immigration. What matters is what appears on the PCC.

We have NOT been charge sheeted yet .. its still FIR (first information report) stage (we have a stay from court till it decides on quashin gof FIR on prima facie evidence) .. typically courts don't quash FIRs they just delay for 2-3 years to get lawyers the money for hearing dates..

I will check the PCC to see what shows up ..

thx