USA-Canada database cross check.

[Norviking]

Hi everyone,

This might be a long read.


This all took place a few years ago.
I've previously been studying in the US, then I left because a close family member got ill. While I was back home I was working at a grocery store just so I had something to do while I was there. One day I forgot my wallet at home, but, stupidly, decided to take with me food home without paying for it as I had no food left at home. I went back and paid for it the next day. This was caught on the stores CCTV and I ended up being fined about $500.

So, eventually my family member got better and I went to reapply for a student visa to the US, but my application got denied under section 212(a)(2)(A)(i)(I), which is basically a crime that involves moral turpitude. I had no idea something so small would prevent me from getting a new visa. I realize the US is a lot stricter than most countries when it comes to this, but still.

I've now applied and been accepted to a university in Canada and I'm scared that the fact that I got denied a Student Visa to the US will prevent me from getting my Study Permit to Canada since the USA and Canada has access to eachothers immigration databases(?). I didn't get any questions if I had previously been denied entrance/a visa to another country when I answered the application questions.

I also read that if I'm convicted of anything in my country that is considered a crime in Canada there is a 5 year "rehabilitation" period before I'm able to enter Canada. Is there no way around this?

Do these cross checks always happen? Or only if they have a reason to? How do they work?

Any help or insight on this would be greatly appreciated.

 

[luvanuj]

Hi everyone,

This might be a long read.


This all took place a few years ago.
I've previously been studying in the US, then I left because a close family member got ill. While I was back home I was working at a grocery store just so I had something to do while I was there. One day I forgot my wallet at home, but, stupidly, decided to take with me food home without paying for it as I had no food left at home. I went back and paid for it the next day. This was caught on the stores CCTV and I ended up being fined about $500.

So, eventually my family member got better and I went to reapply for a student visa to the US, but my application got denied under section 212(a)(2)(A)(i)(I), which is basically a crime that involves moral turpitude. I had no idea something so small would prevent me from getting a new visa. I realize the US is a lot stricter than most countries when it comes to this, but still.

I've now applied and been accepted to a university in Canada and I'm scared that the fact that I got denied a Student Visa to the US will prevent me from getting my Study Permit to Canada since the USA and Canada has access to eachothers immigration databases(?). I didn't get any questions if I had previously been denied entrance/a visa to another country when I answered the application questions.

I also read that if I'm convicted of anything in my country that is considered a crime in Canada there is a 5 year "rehabilitation" period before I'm able to enter Canada. Is there no way around this?

Do these cross checks always happen? Or only if they have a reason to? How do they work?

Any help or insight on this would be greatly appreciated.

You are in a very tricky situation. US/ Canada do share the database. But apart from that it will be very difficult to explain to the VO why u left study midway. There is not much you can do. Plus the forms do contain questions have you been refused for visa in any other country. If you said No ? You are in trouble. It means you are mis-representing yourself.

 

[scylla]

There is no way around the 5 year rehabilitation. You need to hire a lawyer who can help you to determine how your charges in the US will be classified in Canada (and yes - Canada and the US share information). If you are in fact inadmissible - there's going to be nothing you can do or apply for until five full years have passed since you paid the fine. Once five years have passed, you will qualify to apply for rehabilitation. If rehabilitation is approved, you will then be able to apply to come to Canada.

There is a question on the Canadian study permit application that asks if you have ever been refused a visa to Canada or another country - everyone has to answer it. You should have answered "yes" to this question and explained the circumstance of your refusal. If you answered "no", this is misrepresentation and you should expect your application is going to be refused - plus you'll quitely possibly end up with a 5 year ban from Canada on top of the problems you already have.

 

[Norviking]

There is no way around the 5 year rehabilitation. You need to hire a lawyer who can help you to determine how your charges in the US will be classified in Canada (and yes - Canada and the US share information). If you are in fact inadmissible - there's going to be nothing you can do or apply for until five full years have passed since you paid the fine. Once five years have passed, you will qualify to apply for rehabilitation. If rehabilitation is approved, you will then be able to apply to come to Canada.

There is a question on the Canadian study permit application that asks if you have ever been refused a visa to Canada or another country - everyone has to answer it. You should have answered "yes" to this question and explained the circumstance of your refusal. If you answered "no", this is misrepresentation and you should expect your application is going to be refused - plus you'll quitely possibly end up with a 5 year ban from Canada on top of the problems you already have.

Thanks for your answer.
I just wanted to mentioned that I was not charged with anything in the US. This was after I left the US and had returned back home, which means I have no criminal record of any kind in the US. I got my 'general police record' and it does not show/say I've been fined for anything.

I read on the CIC website that it's five years for two or more summary convictions. What I have is a single summary conviction.

So even if I've never been fined before or after that it will not matter for the CIC? I would hate if something so small would ruin my chances of studying in Canada.

 

[Norviking]

Just a slight update question?

How do the CIC cross-check with the US? Like step-by-step. I'm from a country that does not need to provide fingerprints etc, so there is no biographic information that the CIC can use.. I also have a new passport with a new passport number after my US F1 visa was refused.

I heard they do a more thorough background check on you AFTER you've completed your studies and you apply for permanent residence etc.

I realize it sounds like I'm thinking about saying no on the question, but thats not the case since I've also admitted to having something on my police record. I just want to know what they can and can not find out based on those things.

 

[Abbas1]

Other informations like full name, date of birth or address may be accessible
If they want to dig on you, they will find what they need

 

[Norviking]

Other informations like full name, date of birth or address may be accessible
If they want to dig on you, they will find what they need

I figure they will too! But that's another thing, since I'm not from the middle-east or certain countries in Asia but from Norway would they do "less" of a background check since, well, since it's Norway? Not saying they would do it on purpose but subconsciously. (Obviously mean no offence to other countries)

Oh and funny enough my address is also different from when I applied for my US visa, and my name has special letters that can be written two different ways in English. So I'm guessing my social security number or something?

I've just read quite a bit of posts on here of people saying they didn't inculde their visa refusal and still got their study permit.

 

[Abbas1]

Better contact a lawyer. will issue you a legal opinion letter for $500 buy a piece of mine if as you said don't want to waste 3 years of your education life.

I paid the $500 and got a 20 pages explanation letter to VO and CBSA officer so I am confidant about my case and I doubt someone will argue with me about it whether at the VO or the port of entry !

Thats my suggestion

Good luck !