Hi everyone,
I'll try to keep my story short, me and my husband have been married for 2 years now, we have applied for sponsorship in DECEMBER 2012(outside of canada, he is from Israel originally,
since I dont want to make it too long and irrelevant , a few months later he found out that he is being charged for DUI and has to appear in court (original date of the alleged offense was a year or so before he even met me) our lawyer said that since we wrote on the "are you currently being charged with a criminal offense in canada or abroad" no, simply because we actually didnt know it was a criminal offense and our lawyer failed to mention that to us, he has to inform the visa office , and so he did, he also told us that we have to get this issue resolved and remove any mentioning of drinking and driving, and so we obliged, my husband ended up being charged for and I quote the exact law (i'm translating it) - "Driving a vehicle with lack of control of it or lack of visibility of the road and traffic"
Now, I dont know how the visa officers do the comparison to Canadian law, I tried googling that and all they have is DUI and DWI, nothing of that sort, so I started thinking , maybe it is the equivilent of DWAI (Driving While Ability Impaired) which is a lesser offense than DUI In the USA it's very common (blowing under 0.08) , which is to according to what I read about Canadian law, is not criminal BUT in immigration context can still cause inadmissibility ?
My questions are :
How do visa officers make those comparisons? (do they consider that DWAI is blowing under 0.08 and is technically in the warning zone , thus, NOT criminal)
IF we do get a refusal letter and those basis, should we appeal or we should not bother with that? the offense itself took place more than 2 years ago however due to unlucky circumstances he only got "convicted" a few months ago, I really dont know how this will affect our relationship honestly, I have a career in Canada, we have a house, 2 cars, we were planing to get pregnant some time after he gets his PR card, he has been living with me this whole time, he is in canada on visitor status for 2 years now, he has a canadian driving license with clean record, he already speaks fluent English and has a job offer as soon as he can legally work here (he doesnt work at the moment since he cant)
If we get denied I honestly dont know what I will do, moving back to his home country? without a place to live in? without any job? language? anything? to throw all that we built here together? for a technicality? he was 21 years old when that happened, he now approaches 25 , he is married, educated, he is not some kind of drunk or a criminal, it was a one time mistake,
What am I suppose to do ? I am honestly clueless and I feel depressed.
I'll try to keep my story short, me and my husband have been married for 2 years now, we have applied for sponsorship in DECEMBER 2012(outside of canada, he is from Israel originally,
since I dont want to make it too long and irrelevant , a few months later he found out that he is being charged for DUI and has to appear in court (original date of the alleged offense was a year or so before he even met me) our lawyer said that since we wrote on the "are you currently being charged with a criminal offense in canada or abroad" no, simply because we actually didnt know it was a criminal offense and our lawyer failed to mention that to us, he has to inform the visa office , and so he did, he also told us that we have to get this issue resolved and remove any mentioning of drinking and driving, and so we obliged, my husband ended up being charged for and I quote the exact law (i'm translating it) - "Driving a vehicle with lack of control of it or lack of visibility of the road and traffic"
Now, I dont know how the visa officers do the comparison to Canadian law, I tried googling that and all they have is DUI and DWI, nothing of that sort, so I started thinking , maybe it is the equivilent of DWAI (Driving While Ability Impaired) which is a lesser offense than DUI In the USA it's very common (blowing under 0.08) , which is to according to what I read about Canadian law, is not criminal BUT in immigration context can still cause inadmissibility ?
My questions are :
How do visa officers make those comparisons? (do they consider that DWAI is blowing under 0.08 and is technically in the warning zone , thus, NOT criminal)
IF we do get a refusal letter and those basis, should we appeal or we should not bother with that? the offense itself took place more than 2 years ago however due to unlucky circumstances he only got "convicted" a few months ago, I really dont know how this will affect our relationship honestly, I have a career in Canada, we have a house, 2 cars, we were planing to get pregnant some time after he gets his PR card, he has been living with me this whole time, he is in canada on visitor status for 2 years now, he has a canadian driving license with clean record, he already speaks fluent English and has a job offer as soon as he can legally work here (he doesnt work at the moment since he cant)
If we get denied I honestly dont know what I will do, moving back to his home country? without a place to live in? without any job? language? anything? to throw all that we built here together? for a technicality? he was 21 years old when that happened, he now approaches 25 , he is married, educated, he is not some kind of drunk or a criminal, it was a one time mistake,
What am I suppose to do ? I am honestly clueless and I feel depressed.
