USA citizen to visit Canada under some complications

[aimeeuy]

My conjugal partner who is a USA citizen is planning to come visit me in Canada. I am currently gathering documents for sponsorship under conjugal partner but have not filed an application yet, waiting for FBI police certificate. At the same time we also have an employer that we have been speaking to that is interested in hiring him and has started the LMO process. If he is hired he would start working in January.

He was sent back in October because of a misdemeanor that was not taken care of but however he has been conditionally dismissed and once he finishes his community service he will be receiving an absolute discharge. I already have a list of documents that i have double checked with CIC officers and CBSA to prove that he has NO criminal record and that the charge has been dismissed.

Our main obstacle is getting him through the border and making sure that he is able to stay for the time needed for his (possible) employer to issue a work permit and/or I put in our application for sponsorship which ever comes first. I know that we can apply for extended stay online and until we receive an answer he is considered an "implied visitor"..

I am also aware that it is up to the officer to determine how long he can stay. The officer can indicate a specific time that he has to return on the stamp or not at all and by default he can visit Canada for up to 6 months. He is currently NOT working though he does have a job interview and he is not enrolled in school this year. His dad sometimes employs him to work events and his dad owns a catering business but there is no set payroll, would an employment letter from his dad help at all?

What can we do to show that he has ties to the USA for him to be allowed entry in the first place? He does have a return ticket but I want to make sure that we have everything to prove just in case its not enough. The fact that he was previously denied entry will complicate things as well I need to make sure to be prepared for anything? Thanks for the help!!

 

[computergeek]

My conjugal partner who is a USA citizen is planning to come visit me in Canada. I am currently gathering documents for sponsorship under conjugal partner but have not filed an application yet, waiting for FBI police certificate. At the same time we also have an employer that we have been speaking to that is interested in hiring him and has started the LMO process. If he is hired he would start working in January.

He was sent back in October because of a misdemeanor that was not taken care of but however he has been conditionally dismissed and once he finishes his community service he will be receiving an absolute discharge. I already have a list of documents that i have double checked with CIC officers and CBSA to prove that he has NO criminal record and that the charge has been dismissed.

Our main obstacle is getting him through the border and making sure that he is able to stay for the time needed for his (possible) employer to issue a work permit and/or I put in our application for sponsorship which ever comes first. I know that we can apply for extended stay online and until we receive an answer he is considered an "implied visitor"..

I am also aware that it is up to the officer to determine how long he can stay. The officer can indicate a specific time that he has to return on the stamp or not at all and by default he can visit Canada for up to 6 months. He is currently NOT working though he does have a job interview and he is not enrolled in school this year. His dad sometimes employs him to work events and his dad owns a catering business but there is no set payroll, would an employment letter from his dad help at all?

What can we do to show that he has ties to the USA for him to be allowed entry in the first place? He does have a return ticket but I want to make sure that we have everything to prove just in case its not enough. The fact that he was previously denied entry will complicate things as well I need to make sure to be prepared for anything? Thanks for the help!!

Yikes. This sounds like a train wreck. Sorry if that sounds harsh...

Where to start?

(1) US/Canadian couples are not going to be eligible for conjugal class. There are insufficient impediments to qualifying under either the spousal or common-law class. Thus, you're likely to get a rejection after spending 12+ months going back and forth with Ottawa (or one of the US offices) over it.
(2) He doesn't need to be in Canada to obtain his work permit - it is something that can be obtained at a POE.
(3) At this point he's going to need to request a TRP. This can be done at the border, but since they've already flagged his file, he's going to need to be prepared to challenge the basis of the rejection (e.g., that the criminal charge isn't sufficient to bar him from Canada anyway) and if that doesn't work to be prepared to submit a Temporary Resident Application (normal fee is $200 but it is waived the first time these days.) If he has evidence of employment and a sponsored spouse/partner application, that the conditional release conditions have been completed and details as to the nature of the criminal offense then he would seem to be a reasonable candidate for a TRP.

My advice would be to talk to a good Canadian immigration attorney because what you have is not a simple case (it's not overly complex, but any time there is a criminality issue there is complexity involved.)

 

[aimeeuy]

Hi computergeek thanks for the reply..

I called CIC a bunch of times and every officer has told me that I need to show documents to prove that his charge is gone. The officer said that it was equivalent to "mischeif" he broke a car windsheild thats pretty much what he did and it is classified in US law as "burglary of a vehicle" but nothing was stolen..

This is straight from the CIC website:
If you have been charged, discharged or pardoned, this chart will help you determine if you are inadmissible:

Absolute or Conditional Discharge

Offence Occurred In Canada
You are not inadmissible.

Offence Occurred Outside Canada
You may be inadmissible.*

* You must provide an officer with complete details of charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.

He WILL be getting an absolute discharge and I will have documents to confirm that. I was told that if they STILL do not let him through the border then we need to apply for the TRP and I was advised that those are only issued in exceptional cases..

Also we are both willing to get married if the application for conjugal partner does not work out. We have been in a relationship for over 2 years he lived in Canada under a student visa for 1 year he graduated and went to college in the US. Since then we have taken 5 trips total back and forth to the US and Canada taking turns. Finally we both decided that we need to start our lives together, we are a REAL couple and this is not just something we decided to do for sh*ts and giggles.

 

[computergeek]

He WILL be getting an absolute discharge and I will have documents to confirm that. I was told that if they STILL do not let him through the border then we need to apply for the TRP and I was advised that those are only issued in exceptional cases..

Oh, I'm agreeing with that analysis, including the fact that TRPs are difficult to get. But they aren't impossible to get and a case like what you've described would be within the range of something that could be granted. Conrad Black was issued a TRP and he had been convicted of a felony in the US - so it can be done.

Also we are both willing to get married if the application for conjugal partner does not work out. We have been in a relationship for over 2 years he lived in Canada under a student visa for 1 year he graduated and went to college in the US. Since then we have taken 5 trips total back and forth to the US and Canada taking turns. Finally we both decided that we need to start our lives together, we are a REAL couple and this is not just something we decided to do for sh*ts and giggles.

The reason I say that is most conjugal applications are refused - CIC really doesn't like them - and it's going to mean a 12-18 month wait for the refusal. If you're OK with waiting a couple of years (12-18 months for a refused application and then ~12 months for a second application complicated by a previous refusal) that's great. I wouldn't want to be separated from my partner like that for a couple of years. I haven't seen a successful conjugal relationship between a US/Canadian couple on this forum. If your partner has a job in Canada, then you'll qualify for common-law. If you are outside the Toronto IAD district (so Montreal or Vancouver) when the refusal comes through you could appeal to the IAD and present evidence you are now common-law to the IAD tribunal. Toronto takes too long - about 2 years - to get a hearing, so you'd be better off to just refile.

 

[aimeeuy]

@computergeek Thanks so much for your help!! I guess this is something that we pretty much have to take our chances with and hope for the best at least we DO have a back up plan if everything goes down the drain.

I just spoke again with a CIC agent and as for him entering the border its pretty much apply for the TRP in advance to see if he is inadmissible or take our chances and see if they can let him in with all the proof showing that his charge is gone and his ties to the US and if THAT doesn't work then go for the TRP..

If we show all that proof I don't know what else could prevent him from entering as he has entered numerous times before the offense happened...I guess we will just have to see. :
thanks again.

 

[computergeek]

I just spoke again with a CIC agent and as for him entering the border its pretty much apply for the TRP in advance to see if he is inadmissible or take our chances and see if they can let him in with all the proof showing that his charge is gone and his ties to the US and if THAT doesn't work then go for the TRP..

Did the agent tell you the processing time for TRPs? I applied for one in February 2012 (more cautionary than required in my case and not due to criminality) and the VO didn't look at it until September 2012, at which point she called me - and specifically commented on how TRPs are not considered to be high priority. She closed out the file a month later when I obtained permanent residency. From February until October I carried around a complete copy of all the paperwork for one in case I had to apply at the border.

My observation: don't apply for one through a VO expecting it to be approved quickly.

 

[aimeeuy]

No they did not specify the processing time but I knew more than likely it would take 6 months or more. I also know that it will more than likely not get approved right away at the VO as well and that worse comes to worse they WILL send him back AGAIN.

In that case we'll just have to get married and i'll have to try and sponsor him as my spouse. Not exactly something I REALLY want to do but if it is necessary for us to start our life together we are both willing.