My husband and i sent our application and we just got our aor. And last week my husband got caught driving the influenced in the states (wash), he didnt get arrested and he didnt get his print printed. He also said that he hasnt convicted yet or what so ever. He's driving record is clean and so is his criminal record. Does this mean he wont be able to come to canada now, and will this be a big problem? Im stressed out and 6 months pregnant.
Spouse got a dui.
- Thread starter Gladmin
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^^ Question as posed is unanswerable. "Got a DUI" and "not arrested, not convicted" are.... difficult to reconcile. You need to know what actually happened (not a sanitised version that he might prefer to share) to assess the immigration consequences.
MaryL
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csturner92
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If he was arrested but not booked and charged with a DUI then it won't show up on a background check.
Technically he's currently inadmissible to Canada since he's been charged with a DUI. You should do everything possible to get this charge reduced to a non-DUI infraction. It's possible this could create big issues for your plans to have him move to Canada. If CIC finds out about the charge during background checks, they will pause the application until the charge is dealt with. If he's convicted of a DUI, you're then looking at him being inadmissible to Canada for five years from the time he completes any probation or other penalties related to the charges.
He needs to find a good lawyer and get the charge reduced to something that won't make him inadmissible to Canada.
Again, he needs to get the help of a good lawyer and get the charges reduced. It's quite possible this could work out just fine - but he needs to take the right actions now.
screech339
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The OP spouse would have to wait at least 5 years minimum after the DUI sentence is completed and then submit a Rehabilitation Application. The spouse has a long road ahead of him. It seems that the OP's best option is to move to US and apply for green card through her husband. The OP can then apply for Canadian PR for spouse once he is eligible.
They still have a chance to fix the situation. There hasn't been a conviction yet. So again, a lawyer may be able to get the charges reduced.
Well that's the most likely outcome if OP's spouse doesn't get the charges reduced to non DUI infraction. The best thing for them to do right now is to find a lawyer and try to get the charges dropped or even reduced.
screech339
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True. But it is hard to bank on that sliver of hope for a reduced charged from DUI conviction. Very hard to convince judge that the breath analyzer was faulty.
This actually happens more often than you think (the reduced charge). It's not that the lawyer proves the breath analyzer faulty - it's that the lawyer bargains to plead guilty to a reduced charge to spare the state court time. Of course it's far from guaranteed and depends on things like the BAC.