sponsoring a spouse with a criminal record

[bamboo forest]

Hello!
Past weeks im looking everywhere for answer of my question, but its hard to find it.
Im married to a canadian citizen and she will sponsor me for a permanent resident visa.Before that i have to find out what is the problem with my criminal record.I have been sentenced?convicted on a 4 months with 3 years conditional discharge (if i make a criminal act in the next 3 years im going in the jail for 4 months.) in April 2008. The criminal act was for public disorder,resisting arrest.it was involved violence and hitting a police officer (resisting arrest?). if it was just public disorder the sentence would be not exceeding two years imprisoning( which in my case is first criminal act it should be just a penalty), but im under the second line which is 'imprisonment not exceeding 5 years'. i plead guilty and thats my first criminal act ,so that gave me conditioned discharge in 3 years.
i will be really grateful if somebody tell me what is the punishment for such act under the canadian law.is this summary conviction and can i have conditional discharge under the canadian laws.
Probably i need a lawyer who to find out exactly which is the canadian law, what would be my punishment, and do i need a rehabilitation papers when i go to the CIC office?
Thanks in advance!
Regards
Vladimir Hristev.

ps. is that the right law? please help me with this. somebody who is a law student or something, please.
129. Every one who

(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,

(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or

(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,

is guilty of

(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(e) an offence punishable on SUMMARY conviction.

this is a hybrid conviction and the court have to make the decision.(in my case it was 4 months(the maximum for summary convict. is 6 months and $5000))

if thats the right law im not allowed to have visa in the next 3.5 years. this will kill me.what a childish act i made and now... now everything is going down deep in the darkness of... nothing and emptiness.

(3) The following provisions govern subsections (1) and (2):

(a) an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily;

 

[RobsLuv]

Canada takes a very hard line stance against any criminal offences - even driving under the influence. Your offence would be an indictable offence in Canada, and that's what makes the difference because that's how they assess it . . . what is the equitable offence in Canada, and how would it be prosecuted? After at least 5 years has passed (and maybe 10 depending on the assessment of your crime and how it would have been sentenced in Canada) from the completion of any and all sentences imposed against you, you will be eligible to apply for rehabilitated status - and once you are deemed rehabilitated you can apply for permanent residence without being found inadmissible to Canada. But, unfortunately, until that time it's almost certain you will be found criminally inadmissible and your permanent resident application would be refused. Sorry.

 

[Eric Parker]

RobsLuv...what if the offense was pardoned or expunged before the app was sumbitted?

 

[RobsLuv]

If it's expunged or pardoned you will have to provide all documentation of that with the application, and they would not find your inadmissible . . . but be prepared for delays in processing as a result. They'll be thorough. If it doesn't show up on your criminal clearances at all after a pardon, you might consider not disclosing it - but that's a personal decision.

 

[bamboo forest]

hello again!
now after alot of thoughts passed through my head i made a decision to apply for a temporary resident permit.again i reply - for permit, not visa.
so, my wife will sponsor me,and she have to send apps. to mississauga. first - is there any difference between the apps.?(as im not applying for a perminant resident.) if there is some difference, and somebody knows, please, let me know too!
(and do she need to send that to mississauga or just to attach/without sending to mississauga/ Sponsorship Evaluation form and Option C printout to mine papers from Bulgaria and send them to buffalo/new york ?)

if there is no difference, she have to send all of that documents signed by her and me?

quote:Forms

* Application to Sponsor and Undertaking [IMM 1344A]
* Sponsorship Agreement [IMM 1344B]
* Sponsorship Evaluation [IMM 5481]
* Sponsor Questionnaire [IMM 5540]
* Document Checklist [IMM 5491]




and the other question-are these apps proceeded only in mississauga?not on vergville or wherever other place?
do somebody knows how long it will take? 44 days(i saw that timeline for mississauga, but im still not sure about it)
thanks to everyone who is interested, reply and try to help me, because as everyone here, im looking for a way to be with my wife, work better job, and live better life.
vladimir,bulgaria.