Spousal Sponsorship with Criminal Rehabilitation

[pooky73]

Hello!

I am sponsoring my husband for permanent residency but he has a criminal record in the USA, he currently lives in the DR. I am submitting the criminal rehabilitation application at the same time as the permanent residency application. Anyone else been through this process or is currently going through this process? I would appreciate any feedback that pertains to this situation.

TIA!

 

[Ponga]

First question is an obvious one:
How much time has passed since he completed his sentence?

 

[pooky73]

First question is an obvious one:
How much time has passed since he completed his sentence?

Over 10 years, more than one charge so cannot be deemed rehabilitated, and none of the charges would have equated to a 10 year or more sentence in Canada.

 

[Ponga]

Over 10 years, more than one charge so cannot be deemed rehabilitated, and none of the charges would have equated to a 10 year or more sentence in Canada.

Not sure that I would suggest submitting the Spousal Sponsorship application along with the rehabilitation application; why incur the added expense unless/until you get an answer on the criminal rehabilitation, first?

Have you seen this:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html#5312E5

If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:

• You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
• You are eligible to apply for rehabilitation: not applicable.

---
So, since there are more than one conviction and they do NOT equate to a charge that would mean 10 years in jail and it's been more than 10 years since he completed his sentence(s)...why is he not deemed to be rehabilitated?

 

[pooky73]

Not sure that I would suggest submitting the Spousal Sponsorship application along with the rehabilitation application; why incur the added expense unless/until you get an answer on the criminal rehabilitation, first?

Have you seen this:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html#5312E5

If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:

• You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
• You are eligible to apply for rehabilitation: not applicable.

---
So, since there are more than one conviction and they do NOT equate to a charge that would mean 10 years in jail and it's been more than 10 years since he completed his sentence(s)...why is he not deemed to be rehabilitated?

I don’t know if I read it wrong or they had written it wrong and have since corrected it, lol (page was updated December 1, 2023). I had looked into this issue last summer and on and off since then.
Thank you so much for this info, which I had read but misread I guess, lol!
I will just go ahead and submit the PR application then!

 

[pooky73]

This is where I got the confusion from I think:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions/deemed-rehabilitation.html

Self-assessment for deemed rehabilitation
You are eligible to apply for deemed rehabilitation at a port of entry if:

• you only had one conviction in total or committed only one crime
• at least ten years have passed since you completed all sentences (payment of all fees, jail time completed, restitution paid, etc.)
• the crime you committed is not considered a serious crime in Canada AND
• the crime did not involve any serious property damage, physical harm to any person, or any type of weapon.

A request for deemed rehabilitation is not guaranteed to be approved.”

 

[YVR123]

This is where I got the confusion from I think:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions/deemed-rehabilitation.html

Self-assessment for deemed rehabilitation
You are eligible to apply for deemed rehabilitation at a port of entry if:

• you only had one conviction in total or committed only one crime
• at least ten years have passed since you completed all sentences (payment of all fees, jail time completed, restitution paid, etc.)
• the crime you committed is not considered a serious crime in Canada AND
• the crime did not involve any serious property damage, physical harm to any person, or any type of weapon.

A request for deemed rehabilitation is not guaranteed to be approved.”

May be what you read is about what can be done at a port of entry. Vs apply in other ways.

 

[pooky73]

May be what you read is about what can be done at a port of entry. Vs apply in other ways.

Yes, I think you are right. I am going to apply for the permanent residency without applying for the criminal rehabilitation. I will update this post as I progress with my application, so others can learn.

 

[Margotte]

Yes, I think you are right. I am going to apply for the permanent residency without applying for the criminal rehabilitation. I will update this post as I progress with my application, so others can learn.

Hi Pooky73
May I ask how did you apply for the court documents from USA? My boyfriend is gathering documents to apply for CR but we can’t find information about it online. The charges are from about 15 years ago, we consulted a lawyer but he wants a fortune to try to find the files and it’s not even guaranteed that he can find them.

Thanks in advance for your reply.

 

[pooky73]

Hi Margotte!

My husband lived in NY until 2012. We are submitting the following:
FBI rap sheet - https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/identity-history-summary-checks
NY Criminal Record History - https://uenroll.identogo.com/
NY Criminal History Record Search - https://ww2.nycourts.gov/apps/chrs/index.shtml
I found some useful info at this website - https://edelmann.ca/getting-and-interpreting-police-certificates-from-the-united-states-can-be-surprisingly-difficult/

 

[SarekaD]

Hi everyone I need some advice.
I was successful with PNP and got my ITA. I am submitting my PR application right now but my unaccompanying spouse is inadmissible due to an 8 year old dui. He is currently seeking rehabilitation legally with his lawyer. Can my PR application be refused due to this?

 

[scylla]

Hi everyone I need some advice.
I was successful with PNP and got my ITA. I am submitting my PR application right now but my unaccompanying spouse is inadmissible due to an 8 year old dui. He is currently seeking rehabilitation legally with his lawyer. Can my PR application be refused due to this?

Your spouse has to be admissible for your application to be approved.

 

[SarekaD]

Is there any legal way I can get around it perhaps with a lawyer?

 

[scylla]

Is there any legal way I can get around it perhaps with a lawyer?

Not that I'm aware of. However you should certainly get a consult with a Canadian immigration lawyer.

Hopefully your spouse has already submitted the rehab application. If not, he should do that asap.

 

[SarekaD]

He has already submitted it. I will speak to one, thank you so much for your advice!