USA DUI and CIC

[duiusa]

Hello
I have applied for AINP (Provincial Nominee) It got approved now I have to apply for CIC (Federal) for that I need to apply for Police clearances. I am Indian Citizen but now in United States on Student Visa.
I was given DUI in Aug,2010. I went to court I pleaded guilty they dismissed DUI, I was given RECKLESS DRIVING HIGHWAY and 36 months probation in April, 2011. I ordered FBI background report it read following
Charge-23152 A VC-DUI ALCHOHOL DRUGS
Sentence- Dismissed
Charge- 23103 A - Reckless Driving Highway
Sentence-
Convicted- Probation -036 MO Probation
-090DS JAIL SS -FINE -IMP SEN SS

Second charge of what I am convicted is not Criminal Charge, I have checked on California DMV website. It doesn't involve alcohol or any drug.
I have heard DUI is big deal in Canada, so I shouldn't apply?
Is there anyone having same experience?

Thanks

 

[aak19]

Hello,

i am in the same position now could u pls let me know what did u do with your case. it would help me alot.
apprecaite your time n advice

thanks

 

[Patriots1700]

Hello,

i am in the same position now could u pls let me know what did u do with your case. it would help me alot.
apprecaite your time n advice

thanks

Hi ,

I believe if you are still in probation you can't apply for immigration to canada until after probation is completed and even after they are steps to take about it . You should request your FBI record and contact a lawyer to tell you if you are inadmissible or not before starting the whole process. Try to look for criminal inadmissibility on the canada immigration website and read the ENF 2 manual to have an idea about these things.

 

[duiusa]

I went to court again, my Reckless driving charge was dismissed and probation was terminated. I want to mention that it still shows on FBI report, but states it's dismissed.

 

[Patriots1700]

I went to court again, my Reckless driving charge was dismissed and probation was terminated. I want to mention that it still shows on FBI report, but states it's dismissed.

I am not very sure but i believe that dismissed charges are not convictions for canada immigration purposes but i would talk to a lawyer and show the report to him to be on the safe side , if everything is ok to send the application i would ask the lawyer to write an legal opinion letter to send with your federal application and like they always say around here , don't lie about anything and be honest .Good luck.

 

[duiusa]

@Patriots
I have already talked with Attorney in Canada. They said it wont be any problem, but rest depends on luck.

 

[gati21]

Hi,

My Friend got a DUI in Detroit, MI in 2011 and he have successfully completed his probation and other court orders and fines and now he came back to his Home Country (i.e India), his company has applied his work permit for Canada in Oct-2012, but still Canadian embassy has not made any decision on his VISA and embassy has his passport since 6 months now.

Please let me know what all options he has now?
Will he get the Canadian VISA?

He is very tensed, please help.

Thanks in Advance

 

[scylla]

Hi,

My Friend got a DUI in Detroit, MI in 2011 and he have successfully completed his probation and other court orders and fines and now he came back to his Home Country (i.e India), his company has applied his work permit for Canada in Oct-2012, but still Canadian embassy has not made any decision on his VISA and embassy has his passport since 6 months now.

Please let me know what all options he has now?
Will he get the Canadian VISA?

He is very tensed, please help.

Thanks in Advance

He's inadmissible to Canada until 5 years have passed since the completion of his sentence for the DUI. So he really won't have any Canadian visa options until 2016 or 2017 (depending when the probation period ended). CIC will figure that out sooner or later and he should be expecting a refusal.

 

[duiusa]

Hi,

My Friend got a DUI in Detroit, MI in 2011 and he have successfully completed his probation and other court orders and fines and now he came back to his Home Country (i.e India), his company has applied his work permit for Canada in Oct-2012, but still Canadian embassy has not made any decision on his VISA and embassy has his passport since 6 months now.

Please let me know what all options he has now?
Will he get the Canadian VISA?

He is very tensed, please help.

Thanks in Advance

It depends on Individual case to case, he might get it. CIC had become more lenient with DUI, but its been 6months its kinda strange...