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

[Iluxash]

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.

Thank you for your advice,
however dont you find it weird that he was granted access to Canada without any issue, and they accepted visa extensions twice, I mean...if he gets flagged in their systems, shouldn't they not allow him to enter Canada let alone stay here for 2 year and extend the visa?

 

[frankinto]

The information hasn't reached them yet. Canada and the U.S. share everything, but it's different with other countries.

 

[truesmile]

. . . however dont you find it weird that he was granted access to Canada without any issue, and they accepted visa extensions twice, I mean...if he gets flagged in their systems, shouldn't they not allow him to enter Canada let alone stay here for 2 year and extend the visa?

Yes we all see your point, (at least, I do). It seems you are eager to try option "X" which offers... best case scenario, PR is granted and he glides through "landing procedures" under the radar (so to speak) with nary a peep over this 'DUI' ... and worst case, flagged for misrepresentation and quite possible ultimately "never" admissable into Canada. The alternative to that suggested at length already.

NO ONE here is going to condone option "X" openly. That's for you to decide.

 

[frankinto]

NO ONE here is going to condone option "X" openly. That's for you to decide.

Agreed. And as a Canadian who has waited 7 years for his partner to arrive and had him go through all the proper channels to get him rehabilitated (I'm looking at you disapprovingly, Conrad Black!) I understand how it feels, but at the same time I don't approve of hiding information.

 

[JimM]

Thank you for your advice,
however dont you find it weird that he was granted access to Canada without any issue, and they accepted visa extensions twice, I mean...if he gets flagged in their systems, shouldn't they not allow him to enter Canada let alone stay here for 2 year and extend the visa?

Could be luck. I live on the border, (Buffalo NY area), and had been crossing the border for years with no problem, then suddenly somebody decided to do a more thorough background look up I guess.

It will also depend on how thorough a check CIC does on him, (that seems to vary country to country), if they check back on the police records and his conviction has gone through you'll be in a world of trouble. I played it very safe, listed them on my application along with the documentation submitted with the rehabilitation application and the judgement that I didn't need it.

 

[Iluxash]

Hi everyone,

UPDATE :

so after alot of efforts my husband's lawyer was able to change the original charge from DUI to a different charge (driving with lack of control of vehicle or obscured vision)
So now he got a letter from CIC demanding us to resend :

1. Original birth certificate;

2. Original marriage certificate;

3. Written account of event leading to criminal charges, Police or court records pertaining to charges.

1 and 2 I understand, what does #3 mean? our lawyer said that since he already alerted them that I am being charged and then later on told CIC that the charges of DUI were dropped (husband got a new police certificate and a letter from his lawyer saying charges were dropped) they are asking for my husband to write down what lead to the charges...as in the events that took place

Can any1 shed some light on what is going on? what exactly do they want?

 

[keesio]

Hi everyone,

UPDATE :

so after alot of efforts my husband's lawyer was able to change the original charge from DUI to a different charge (driving with lack of control of vehicle or obscured vision)
So now he got a letter from CIC demanding us to resend :

1. Original birth certificate;

2. Original marriage certificate;

3. Written account of event leading to criminal charges, Police or court records pertaining to charges.

1 and 2 I understand, what does #3 mean? our lawyer said that since he already alerted them that I am being charged and then later on told CIC that the charges of DUI were dropped (husband got a new police certificate and a letter from his lawyer saying charges were dropped) they are asking for my husband to write down what lead to the charges...as in the events that took place

Can any1 shed some light on what is going on? what exactly do they want?

Sounds like they want him to explain IN HIS OWN WORDS what happened on that day when he originally got charged (ex. I went to this bar after work and had a 4 beers with by friends, then was driving home and got pulled over and failed a breathalyzer test and got a ticket for DUI, blah blah blah...). They'll also want the explanation on how the original charge got reduced, etc...

 

[Iluxash]

that's what my lawyer's assistant told me and my husband I just dont understand why they need it? will they feel better or "safer" if they hear his side of the story?

 

[keesio]

that's what my lawyer's assistant told me and my husband I just dont understand why they need it? will they feel better or "safer" if they hear his side of the story?

Unless he signed some official sworn statement that the information the lawyer gave to CIC is from him, they will want some declaration from him. His lawyer can say whatever he wants but CIC want to know if it is from him.