Sister has criminal case due to me .. how to apply and declare for immigration
- Thread starter ganapathi0505
- Start date
Looks like it should not be a problem. Before starting the process, apply for PCC from PSK and see what it says, you will get it within hours to a week. If everything is fine, then invest time and money for Express Entry. Please note PCC for the current country of residence would be valid only for 6 months. So in case at the time of ITA this PCC expires, you will need to get new PCC then.ganapathi0505 said:
I am not judging you or anything, want to guide you in right direction...
Dowry 498(a) is classified under Indictable Offence (serious offence), which means it carried a possibility of heavy punishment, if the FIR is registered no matter what you will not be able to get a Positive Police Clarence from PSK, also PSK in India endorse and place a Stamp on your Passport (this could be Positive or Negative)
Point
1) You cannot apply for PR for your sister, her husband or herself should get eligible with Education/Work Exp and apply for themselve
2) You are doing this to save your sister, believe me if you have not committed any "Dowry crime" which is the case about, Court and Law will take time, cross check all the Witnesses, Proofs and you and your family will be Acquitted (Hire a good Lawyer, be fair with your case, dont bride people which is un-necessary, indian law and judicial system is fair and will acquit you and your family of all charges if you in real have not commited that crime), yes it will take 3 yrs from FIR day.....(This time will also go , do not worry)
3) To send your sister abroad on any Visa is unnecessary at this point of time, you should support each other , stay together and stay united till you all get acquitted ( as per you, your wife /her family did not gave you Dowry/money nor they have proof of it, in case if they have solid proofs and witnesses, then things will get difficult for you), if they have filed a fake dowry case ,court will reject there charge sheet after cross- examining each aspect , proofs and witnesses. Trust me on this fake acquisitions will get rejected during argument session in court, that's why lawyers and judges work for.
4) I would advise, till next 3 years don't look for any immigration or look to run away from a this case, fight back legally, you will Win if you did not commit your crime, judicial system is slow but fair, have trust on it.
Dowry 498(a) is classified under Indictable Offence (serious offence), which means it carried a possibility of heavy punishment, if the FIR is registered no matter what you will not be able to get a Positive Police Clarence from PSK, also PSK in India endorse and place a Stamp on your Passport (this could be Positive or Negative)
Point
1) You cannot apply for PR for your sister, her husband or herself should get eligible with Education/Work Exp and apply for themselve
2) You are doing this to save your sister, believe me if you have not committed any "Dowry crime" which is the case about, Court and Law will take time, cross check all the Witnesses, Proofs and you and your family will be Acquitted (Hire a good Lawyer, be fair with your case, dont bride people which is un-necessary, indian law and judicial system is fair and will acquit you and your family of all charges if you in real have not commited that crime), yes it will take 3 yrs from FIR day.....(This time will also go , do not worry)
3) To send your sister abroad on any Visa is unnecessary at this point of time, you should support each other , stay together and stay united till you all get acquitted ( as per you, your wife /her family did not gave you Dowry/money nor they have proof of it, in case if they have solid proofs and witnesses, then things will get difficult for you), if they have filed a fake dowry case ,court will reject there charge sheet after cross- examining each aspect , proofs and witnesses. Trust me on this fake acquisitions will get rejected during argument session in court, that's why lawyers and judges work for.
4) I would advise, till next 3 years don't look for any immigration or look to run away from a this case, fight back legally, you will Win if you did not commit your crime, judicial system is slow but fair, have trust on it.
@ganapathi0505
I am in the same boat as you.. i have a clear PCC, inspite of charge sheets in court. I wish by now you and your family are out of this mess.
I checked with atleast 3 top immigration law firms in Canada who are specialized in criminal inadmissibility.. All of them consistently said "Existing Charge sheet is a clear road blocker to immigration". I stepped back with immigration trials as it doesn't appear worth investing efforts into express entry (as FMCAD advised below).
I am in the same boat as you.. i have a clear PCC, inspite of charge sheets in court. I wish by now you and your family are out of this mess.
I checked with atleast 3 top immigration law firms in Canada who are specialized in criminal inadmissibility.. All of them consistently said "Existing Charge sheet is a clear road blocker to immigration". I stepped back with immigration trials as it doesn't appear worth investing efforts into express entry (as FMCAD advised below).
You have heard or read him totally wrong mate. Try being a bit more compassionate, trust me, it doesn’t hurt.
Besides -yes Canada has severe winter, but it doesn’t make the place any gloomer, the place will always rock. There will be always a bit of unemployment in every economy - which is good. Inspite of giving PRs for the last dacade and half, the unemployment rate has remained stable in the country. Besides the system is robust and intelligent enough only to allow people with skills to enter the gates.
So let’s not make this forum a place to decide which country is great and which isn’t, but let’s try to help everyone in the best possible manner