Urgen***Sponsored Spouse is being charged with a DUI outside of canada.

[Iluxash]

Hi Everyone,

Back ground:

My husband came to canada 2 years ago (was not my husband back then), upon initial entry he was given a 6 month visa which he extended twice already without a problem.
during all this time there was a pending charge of a DUI (back in his homeland, israel), he had a fraudster lawyer which abandoned the case and failed to tell him he has a court date on may28th, my husband hired a new lawyer to postpone that trial by 6 months , the law in israel states that a DUI is not a criminal offence and thus shall not be included in any good conduct certificate or criminal record report, as long as he did not attend trial it will not show up anywhere, we recently found out that DUI is a CRIMINAL offence in canada and that the immigration offices are blind and immune to any reason regarding those matters.

now the situation is this,
I was approved of sponsorship on january the 10th, according to the cic website it will take them about 8 months to process my husband,

what should I do ? should I contact the visa and tell them that my husband is charged although the police records that the police forwarded the visa office are clean? should I just wait and see what happens and hope he gets approved? what if he doesn't? whats the next step?

He can not go back to israel, he has no where to live (parents disowned him), he left his job, his education, his friends to be with me. I am his only family, what should we do ?

A side note : We have a lawyer, yes I know you would probably say talk to him but I want to know what people here say, this lawyer that we have I am not quite sure he is with us or against us type of guy, as soon as he heard those recent developments he immediately said you have to sort this out, you cannot be convicted, which in all fairness is a very likley possibility so I want to know if potentially he can offer me to wait and see if it passes or he will just inform the visa office to cover his own ass as he claims that he asked my husband if he has a criminal record BUT FAILED TO EXPLAIN THAT A DUI IS A CRIMINAL RECORD, my husband honestly thought that his non criminal DUI in israel was no big deal.

Thank you,

 

[IslandAnnie]

What was your husband's response to question #6.b. on IMM5669 Background/Declaration. It not only asks about criminal charges, but about "..or a party to a crime or offense, or ...". I think most charges would be considered "offenses" even if they are not deemed criminal. Hopefully someone with a similar experience will be able to respond.

 

[Iluxash]

Hello,

his reply was no, he truly believed he is not criminally charged or took part of any criminal act because in israel it's under transportation code of conduct (same as failing to stop at a stop sign or run a red light)

Do you know if the lawyer is "obligated" to tell that information to the visa office although the police certificate is clean?
can the visa office let it slide or will they conduct a more thorough investigation or is that a coin flip basically?

if he gets denied can we appeal ? beg for forgiveness? I read something about TRP?

 

[niloogoogooli]

from what ive read he hasn't been convicted yet...so i presume your innocent until proven guilty....but i may be wrong....but there is nothing to tell CIC when no criminal record exists yet...and although a DUI is bad but its not like he killed someone or went to prision...and I'm sure CIC will take that in to consideration...goodluck

 

[frankinto]

My partner and I have experience with this, and I am sorry to say that in my opinion, this situation is not promising.

My partner pleaded no contest in the U.S. to a charge for something that isn't even a crime in Canada and for which his only penalty was a $350 fine and 1 year probation, but we had to file an application for criminal rehabilitation that took nearly 4 years to process before he could set foot in Canada, let alone file a PR application. And that conviction dated back to 1993.

The CIC website states: "If you have been convicted of driving while impaired by alcohol or drugs, you will probably be found criminally inadmissible to Canada". What matters to CIC is how Canada would consider the infraction, and a DUI is very serious here. The offender can be considered rehabilited 10 years after completing the sentence imposed, but you have to go through a process to obtain this rehabilitation.

I recommend that you disclose this to CIC, otherwise if your husband gets his PR and this is discovered, it might be considered a false declaration that may lead to the loss of PR status and deportation.

But you never know, they might be particularly understanding - just don't count on it. Read this section http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp, and definitely contact an immigration lawyer.

 

[Iluxash]

I understand all of that. however my husband was not convicted and will not be for the next 8-10 thus having ZERO criminal record., I guess the main question here is should we disclose this information or not? (also is the lawyer obligated to disclose it? )

 

[gsize]

you need to speak with a lawyer. Its too important not to ! :

 

[scylla]

I understand all of that. however my husband was not convicted and will not be for the next 8-10 thus having ZERO criminal record., I guess the main question here is should we disclose this information or not? (also is the lawyer obligated to disclose it? )

Take a look at the questions again. The first question asks if you've been convicted (this is obviously a no for your husband). The second one asks: have you ever "been convicted, or are you currently charged with, on trail for, or party to a crime or offence, or subject of any criminal proceedings in any other country?" Your husband is currently charged. So I think the answer to this second question should be yes for your husband. I agree you should consult a lawyer (a good immigration lawyer). This is too serious an issue to seek advice from a message board. Good luck.

 

[Iluxash]

Ok I understand,

As I said, we do have a lawyer, my question is is he obligated to inform the cic offices?
If not and he wont, is that a smart move by him and us?

 

[scylla]

Ok I understand,

As I said, we do have a lawyer, my question is is he obligated to inform the cic offices?
If not and he wont, is that a smart move by him and us?

Your lawyer is not obligated to inform CIC. You should be able to discuss this matter freely with him and get good advice. If he's not forthcoming with good advice - get a new lawyer.

If you don't say anything and CIC finds out, then your husband will be looking at misrepresentation which is a two year ban from entering Canada.

 

[Iluxash]

Isnt this worth the risky though since he wont be able to that anyways? or is it 2 years on top of the 5 year rehabilitation ?

 

[sheik]

hi , i do think you should tell cic about it through your lawyer and tel your lawyer to explained in details the charges your husband is caus efor and mentioning that his record is clear and what are the penaty for such charges in israel.do not hide anything from cic they are realy updated

 

[scylla]

Isnt this worth the risky though since he wont be able to that anyways? or is it 2 years on top of the 5 year rehabilitation ?

You really need to speak with an experienced lawyer to determine what impact the DUI really has on his application and understand your options.

Misrepresentation is dangerous ground. I, personally, would never go near it.

 

[frankinto]

Whatever your lawyer advises, hiding facts to CIC in NOT a good idea. You might be unhappy with the result, but future consequences might be even worse.

 

[JimM]

You need to see a lawyer right away on the DWI charge and I would advise against trying to hide stuff from CIC it's amazing what turns up in their searches.

I got flagged on two (at the time) 20 year old court appearances when I went to visit my wife's family. One I'd been found not guilty, the other the conviction had been vacated after I did community service and made restitution. However because Massachusetts uses weird non standard terms in its paperwork the agent didn't realize I actually had no convictions. I had to get a special visa to get in then and file for criminal rehab after my trip.

And of course when I submitted that they told me I shouldn't have been stopped to begin with...

So if they found that on just a check on a visitor, I'm sure they'll find a recent offense on a potential immigrant.