Submitting Rehabilitation Application @ Border OR Sending With PR Application?

[justfromerica]

Hi guys,

I was re-reading back from a few threads and I just wanted to clarify a few things.

My wife as of 2 days ago is now able to apply for Rehabilitation and I'm trying to think of the best route to get this processed.

I saw that some members have said that they physically drove up to the border to submit their Rehabilitation application and it was processed MUCH quicker than if it was mailed off. I believe someone even said they got an approval within a couple of days....

I live in Alabama so not near the border but I'm willing to make the drive. I'm from Vancouver and have my GC here in the US but our ultimate goal has always been to get back to Canada, and we've been stuck in the US waiting for 3 years for her to be eligible.

So would this be my best option? And THEN apply for Outland PR Application for her? OR is it better to send both applications in concurrently?

I've read that the Rehabilitation can take upwards of a year for approval if mailed, even though the PR application itself could only take a few months.

Just to summarize for those who haven't seen my threads: my wife got a DUI when she was 18, that got plead down to Youthful Offender and is essentially "expunged" from her record.

Thoughts?

 

[justfromerica]

Re: Submitting Rehabilitation Application @ Border OR Sending With PR Application?

To specify, I've read several success stories about the Detroit-Windsor tunnel crossing, and it's only a 9 hour drive from where I am.

 

[Ponga]

Re: Submitting Rehabilitation Application @ Border OR Sending With PR Application?

Have you considered submitting the request online, but selecting the `Information Only' option? AFAIK, there's no charge for this and it will tell you if she really does need to apply for rehabilitation.
http://www.cic.gc.ca/english/information/inadmissibility/rehabilitation.asp

To be assessed, fill out an application for Rehabilitation but in Section A, check the box “for information only.” (You should also do this if you know you are not eligible to apply, but would like to find out about possible options for entering Canada. See Coming to, or Remaining in Canada Without Approval of Rehabilitation for more information.)

Note: If you live in the U.S., Canadian visa offices in the U.S. do not use this process. Please see Being assessed at a Canadian Port of Entry.
http://www.cic.gc.ca/english/information/inadmissibility/rehabilitation.asp#a2

If you are not deemed rehabilitated, you will have to apply for individual rehabilitation at a visa office. If you are not sure you will be deemed rehabilitated at the point of entry, or if you need a visa to enter Canada, you should apply for individual rehabilitation.


If you do decided to make the drive to a POE, it appears that the officer could assess her on the spot...even though the second link above suggests applying for individual rehabilitation, if you are unsure about whether she is/isn't admissible to Canada.

*shrug*

 

[justfromerica]

Re: Submitting Rehabilitation Application @ Border OR Sending With PR Application?

I've pretty much determined that because she was 18, she is still considered inadmissible. Despite the plea down to Youthful Offender. I'm going to opt to make the drive as she only has the one offense for the DUI.

I'm going to make the drive for the application, come back home, wait for approval, and then send approval with Outland PR application. It is my understanding this will speed up the process A LOT.

I'm curious if anyone who has done this has any advise, tips, etc? I know you have to pay at the border to submit this application.

 

[Sunset0505]

Re: Submitting Rehabilitation Application @ Border OR Sending With PR Application?

I've pretty much determined that because she was 18, she is still considered inadmissible. Despite the plea down to Youthful Offender. I'm going to opt to make the drive as she only has the one offense for the DUI.

I'm going to make the drive for the application, come back home, wait for approval, and then send approval with Outland PR application. It is my understanding this will speed up the process A LOT.

I'm curious if anyone who has done this has any advise, tips, etc? I know you have to pay at the border to submit this application.

There is always the possibility they will turn her away...that is what happened to my hubby..they would not even consider his application at the border.....our entire process started along time ago but officially 2009 and he landed at Pacific Crossing on April 29th 2016...there is a red flag on his file. even though he has a PR, for a work permit denial from 2014, our MP is working on this as well the CBSA filed to have the flag lifted.....We lived in Virginia, yes 4 hours from the office in New York, they requested he fly out to LA for an interview...plane fare, hotel, etc cost $2K in Nov 2015...Still to this day I feel like it was a test to see if he really wanted a PR!!!!...My tip...do EVERYTHING they say, respond to everything they request and if you are not getting answers do not give up...email CIC...talk to your MP..Do everything you can to not let it go...we got case notes and the file was not touched for 9 months..the only thing noted in the file were my requests for notes in the entire 9 months...I by-passed everyone and contacted Immigration Minster in Ottawa and within a week someone requested info from us...Good luck...I always wish everyone the best when going to the border cause I never want them to go through what we did....

 

[justfromerica]

Re: Submitting Rehabilitation Application @ Border OR Sending With PR Application?

Well I read specifically all the success stories about the Detroit-Windsor crossing but you're right, they could say or do anything but at this point, it's worth a shot.

I'm sorry you went through all that. That sounds so awful.

I went through the process to get my Green Card here in the US in 2014, so I'm hoping that shows a lot dedication and legitimacy to our relationship. Luckily, she only had that one DUI which from what I've read, the only way they'll take your application at the border is if you only have 1 thing on your record, and that DUI's are considered "as big of a deal."

I'm just exploring all options because I cannot stand to live in the US anymore and neither can she. The only reason we went through the Green Card process here is because we had to wait for 5 years to pass for her to be eligible for Rehabilitation and we wanted to stay in the same country together.

 

[Sunset0505]

Re: Submitting Rehabilitation Application @ Border OR Sending With PR Application?

Well I read specifically all the success stories about the Detroit-Windsor crossing but you're right, they could say or do anything but at this point, it's worth a shot.

I'm sorry you went through all that. That sounds so awful.

I went through the process to get my Green Card here in the US in 2014, so I'm hoping that shows a lot dedication and legitimacy to our relationship. Luckily, she only had that one DUI which from what I've read, the only way they'll take your application at the border is if you only have 1 thing on your record, and that DUI's are considered "as big of a deal."

I'm just exploring all options because I cannot stand to live in the US anymore and neither can she. The only reason we went through the Green Card process here is because we had to wait for 5 years to pass for her to be eligible for Rehabilitation and we wanted to stay in the same country together.

My hubby was 10 plus years...have you looked in to your Green Card status if you leave?...I understand you will lose your status if you don't live in the US or live outside with a Diplomat or military person...I have heard that if you lose status its a pain in the butt to enter the US...anyways...wishing you good luck...if you are going to the border submit the Outland application ASAP...we had a TRP that was a rehab way back when but they changed the rules, took 14 months to look at our case..we had submitted another Rehab application before his TRP expired but they took so long it expired anyways...thanks goodness New York had it...it was transferred to LA...( the transfer took about 2 months)...Hope all works out for you...

 

[justfromerica]

Re: Submitting Rehabilitation Application @ Border OR Sending With PR Application?

Did he only have 1 thing on his criminal record and they gave him the run-around?

And yes I have, I just denounce my green card before I leave. I will happily lose my status in the US, we don't plan on ever living here again haha but as I understand, if you go through the proper steps to "return" your green card, you're still eligible to apply again if you really wanted to, or enter the US for travel purposes. But again, really depends on the border gaurd you get!

 

[Sunset0505]

Re: Submitting Rehabilitation Application @ Border OR Sending With PR Application?

Did he only have 1 thing on his criminal record and they gave him the run-around?

And yes I have, I just denounce my green card before I leave. I will happily lose my status in the US, we don't plan on ever living here again haha but as I understand, if you go through the proper steps to "return" your green card, you're still eligible to apply again if you really wanted to, or enter the US for travel purposes. But again, really depends on the border gaurd you get!

He had a few things but they went back to 1986...we had to supply a photo copy of the actual law from 1986...my hubbys lawyer laughed and emailed a photo copy to us and we mailed it off...lol..it was crazy...they said jump and we said how high...and I understand about not moving back...we still own a house in Virginia so...we are still under water $50K on a brand new house on 1/2 acre lot in a gated guarded community with two pools...two lakes... an hour south of DC....its up $50K but we have a long way to go...

 

[justfromerica]

Re: Submitting Rehabilitation Application @ Border OR Sending With PR Application?

Gosh that sounds like a nightmare!

Do you know the appropriate way to mail the request for the FBI clearance? Like by courier or USPS Express would do?

The only thing complicated about my wife's case is that she got a DUI but her actual charge was Youthful Offender, but she was 18 - and usually 12-17 is considered youthful offender, and in Canada as well.

So she was treated as a Youthful Offender, but wasn't technically a youth. So, I guess I'm going to have to provide copies of the Canadian equivalent of a DUI and Youthful Offender?

I'll be kicking myself if she isn't actually criminally inadmissible. She's been to Canada 3 times (twice with me, before we even thought about her DUI being an issue) and never had an issue.

 

[Sunset0505]

Re: Submitting Rehabilitation Application @ Border OR Sending With PR Application?

Gosh that sounds like a nightmare!

Do you know the appropriate way to mail the request for the FBI clearance? Like by courier or USPS Express would do?

The only thing complicated about my wife's case is that she got a DUI but her actual charge was Youthful Offender, but she was 18 - and usually 12-17 is considered youthful offender, and in Canada as well.

So she was treated as a Youthful Offender, but wasn't technically a youth. So, I guess I'm going to have to provide copies of the Canadian equivalent of a DUI and Youthful Offender?

I'll be kicking myself if she isn't actually criminally inadmissible. She's been to Canada 3 times (twice with me, before we even thought about her DUI being an issue) and never had an issue.

If it makes anything better...With all that we went through we are living in Canada now ..So there is a light at the end of the tunnel...we sent everything by courier...We have not had good experiences with the mail and this process...

 

[Momofjorge]

Re: Submitting Rehabilitation Application @ Border OR Sending With PR Application?

Submitted my rehab application with my application for PR last july 2015 and until now we dont receive and heard anything from IRCC

 

[Sunset0505]

Re: Submitting Rehabilitation Application @ Border OR Sending With PR Application?

Submitted my rehab application with my application for PR last july 2015 and until now we dont receive and heard anything from IRCC

Request your Case notes....it will take 30 days, almost to the day but it will tell you if your file has been touched...once you get the first set of notes request another...I requested every 30 days...If you read through the first set and it does not look like there is any movement in your file email your MP or the Minister of Immigration...in the email give the details of when you sent your application in and the last time your heard anything....