Student Visa and Criminal Record

[Dominique990]

Hello Guys, I hope if anyone from you all can guide me on this one...

I was arrested in the USA when I was doing my MS in Industrial Engineering. I am back in India now. I want to apply for the MBA program in Canada now. My case was dismissed and I have expunged the criminal record also. It was a misdemeanor. I was not convicted of the crime. Expungement of the record gives me the right to say NO to ever been arrested. So my questions are:
1) Will be an issue in getting a study permit?
2) Should I still say YES to ever been arrested?
3) I already have a visitor visa for Canada will that be an issue in getting a student visa/permit?

Looking for an answer from someone who has personally been through this kind of situation and/or seen someone go through this kind of process.

Thank You in advance

 

[bongoman]

Say yes and explain.

 

[Ironclad]

It was a misdemeanor.

Once a misdemeanor, always a misdemeanor.

 

[Dominique990]

Once a misdemeanor, always a misdemeanor.

I applied for Visitor visa after I was arrested. Do think they did a background check at that time? How can i know if they did a check or not?

 

[Ironclad]

I applied for Visitor visa after I was arrested. Do think they did a background check at that time? How can i know if they did a check or not?

Maybe visitor visas processed by certain smaller offices back at that time might had missed it, it's like Russian roulette. Being truthful and honest in your application always helps.

 

[Dominique990]

Maybe visitor visas processed by certain smaller offices back at that time might had missed it, it's like Russian roulette. Being truthful and honest in your application always helps.

Thank You and it was not that long. In 2018 May i was arrested and in December 2018 I applied for Canada visitor visa and got it approved. Is there a way to check though if they did a background check on me or not?

 

[scylla]

Thank You and it was not that long. In 2018 May i was arrested and in December 2018 I applied for Canada visitor visa and got it approved.

Declare the arrest this time around and then provide evidence the charges were dropped and expunged. Failing to declare the arrest will put you at risk of a 5 year ban from Canada. Provide all of the evidence and hopefully this will be a non-issue.

You'll also want to include the usual study permit details such as an LOE to explain your progression of studies (i.e. why are you taking a second master's) and why you want to study in Canada vs. your home country, show proof of ties to your home country, etc. Hopefully you've picked an upper end school as it relates to school rankings. That will strengthen your application as well.

 

[chakrat]

Thank You and it was not that long. In 2018 May i was arrested and in December 2018 I applied for Canada visitor visa and got it approved. Is there a way to check though if they did a background check on me or not?

It's a simple straight answer. If you have the document that says the charge was wrong and other things. It is always better to let the immigration officer know that you have a criminal record rather than them finding it. Why give them an excuse for your rejection as you might know that USA and Canada do share info and it is always better to be clear upfront.

 

[scylla]

I applied for Visitor visa after I was arrested. Do think they did a background check at that time? How can i know if they did a check or not?

There is no way to know. However the US and Canada share information very extensively. Recommendation is to be 100% truthful. Good luck.

 

[Dominique990]

There is no way to know. However the US and Canada share information very extensively. Recommendation is to be 100% truthful. Good luck.

Yes, you are right. US and Canada share criminal history via a common FBI database. My lawyer suggested me to do an FBI database check myself and see if anything comes up. Expunged records according to US law are supposed to destroyed if they are in paper format and deleted if they are in a computerized format. Do you mind sharing your view on that?

 

[scylla]

Yes, you are right. US and Canada share criminal history via a common FBI database. My lawyer suggested me to do an FBI database check myself and see if anything comes up. Expunged records according to US law are supposed to destroyed if they are in paper format and deleted if they are in a computerized format. Do you mind sharing your view on that?

Is this an immigration lawyer who is deeply familiar with both US and Canadian immigration law or a criminal / other lawyer?

Expunged records do not have to be declared when it comes to employment.

However to the best of my knowledge, from a Canadian immigration law perspective, you cannot say "no" to the question about whether you have ever been arrested. You have been arrested and this does not go away - and Canada will view it as misrepresentation punishable by a 5 year ban in you fail to declare and they find out.

I would not count on clean FBI records being a signal you are in the clear. I would declare you have been arrested and provide details.

If you have zero plans on remaining in Canada long term or immigrating to Canada, then I guess you could fail to declare and then deal with the 5 year ban if it happens. If you have any plans to apply for PR, declare this now. If you don't, you are going to face the same question / problem when you apply for PR and the background / security checks done for a PR application are even more thorough. If you have a long-term view of Canada, now is the time to be honest about this. It will just get worse later.

 

[Gabrielmanga]

Hello, did you get study permit ?