sr_rajesh123 said:
Hello carsoncar,
I need some info regarding to this.
My wife and me hold a TRV and my wife is caught shoplifting and police gave a form and charged 334(b) Theft under 5000, We have a finger printing and court hearing in February.
Now please let me know if a TRV holder charged with Theft under 5000 can be deported outside canada? Can't we get a diversion and do some alternative program? We also have applied for Permanent Residency Application, Is it possible that our application could be rejected due to this issue?
Please shed some light in this regard.
Regards.
Raj
You will not get deported for the offence. This is what is most likely to happen. At your court date you will be given the disclosure: documents for your case. It will likely have been pre-approved for diversion via direct accountability, depending on the circumstances of your case. You can speak to the duty counsel (free lawyer) there, to discuss the details. The lawyer will suggest you accept the diversion program. The choice if yours.
The conditions of this will be that you may have to pay a fine in the form of charitable donation. You may also have to attend a counselling session with others who face similar charges. This is basically to see if you are prone to such behavior in the future.
Once you have completed this, you go back to the Diversion program manager and those documents will be sent to the Crown, after which your charges will be completely withdrawn.
For your PR application, have they asked for RCMP certificates? If you have already submitted them, then I'm not sure what the next step is. I believe you are supposed to report such a case to the immigration authorities, but I cannot comment on if you should or should not.
If you haven't submitted RCMP clearance yet, and they ask for one, these charges will show up on your RCMP record for up to a year. After a year they are destroyed. If they ask for local police certificate, the charges will not show on that after a week or so after they have been withdrawn (i.e. after proof of your diversion has been sent to the Crown).
This is what I know from my experience. You may want to contact an immigration lawyer to find out what the exact laws and procedures are. If you have any more questions I'll be glad to help.
