want my mexican man in canada with me but told he wont be able to :(

[lovemyman]

hello everyone happy new year!
so my situation is im in love with a mexican man. we plan to marry in june. im born and raised in toronto and he in mexico.
after we are married in mexico i will be coming back to canada and getying an immigration lawyer to complete spousal sponsoship forms......now he has a clear criminal record in mexico....however..he lived in the usa illegally about 2 years ago. he had no status there and had crossed border illegally. he worked there doing odd jobs landscaping construction etc.....
anyways then while in usa he had a few drinks and made the poor choice of getting behind the wheel and driving. he got pulled over and arrested. he didnt get in an accident or hurt anyone but just blew over. so they arrested him and he wss locked up for a bit. they did not deport him or get him to go back to mexico. few months later he left to mexico on his own will and has not returned to the usa and will not do so.
so what ive read is that it can take years and thousamds of dollars to try and get him here. and that its unlikely he would even be able to come because of 1-the Dui in usa...a misdemeanor in usa but criminal on canada and 2- the fact he was illegal in usa.
now some ppl have told me that we should not even mention he was ever in usa. but he had his finger prints taken when arrested in the usa and im sure canada checks fingerprints when applying for spouse n checks against usa database as well.
has anyone bern in a similar situation or know anyone. I want some positive light shed on this. because its killing me to think he cant come here and we wont be a family
I would move to mexico but id rather stay in canada for our future childrens sake. please someone any advice .god bless you all n I hope all your immigration issues work out

 

[Alurra71]

You will need to disclose is 2 year stay in the US and that will include his DUI.

There is going to be a hurdle with that DUI as it is a inadmissible offense for Canada.

I wish I could help you further, but I really don't know much about it other than it's a sticky situation.

His illegal stay in USA is less of an issue, but please make sure you do not try to hide that information as that is misrepresentation and that is by far much much worse than his DUI.

 

[lovemyman]

a hurdle yes but not completely hopeless right?? ;D
i will get a lawyer n do what I have to do but just want to know if its completely hopeless or not?

thanks for your replies I really appreciate it

 

[Alurra71]

a hurdle yes but not completely hopeless right?? ;D
i will get a lawyer n do what I have to do but just want to know if its completely hopeless or not?

thanks for your replies I really appreciate it

I don't think it is hopeless, but it is going to require effort and lots of patience on both of your parts of that I am sure. Just be patient and persistent and I do think that he will eventually receive his PR. It might take a while, but it will happen.

 

[Turkey2013]

a hurdle yes but not completely hopeless right?? ;D
i will get a lawyer n do what I have to do but just want to know if its completely hopeless or not?

thanks for your replies I really appreciate it

Get yourself a very very good immigration lawyer, and before doing that, do a thorough research for a lawyer!! I am sure it is not hopeless just that you need to be guided wisely by someone that has already done and won cases!!!!!!!

 

[Rob_TO]

As far as i know, he will need to wait until 5 years after he finished serving the sentence for DUI, and then can apply for rehabilitation and only then would be eligible for immigration.
The overstay in USA I have no idea on.

You better get a GOOD immigration lawyer that has experience in criminality issues. Careful if you just go with the cheapest lawyer you find... as based on others experiences on here there are a lot of bad lawyers out there who will give bad advice.

 

[on-hold]

I don't think that the overstay is an issue -- my understanding (which has been wrong before) is that people have successfully applied for PR WHILE they were in the U.S. illegally. The fact is, an immigration violation is a civil matter, it is not a crime.

As for the DUI, though, it might require significantly more patience and resources.

 

[lovemyman]

thank you all so much for the info. you give me hope hehe
thanks have a great weekend!!!

 

[screech339]

I don't think that the overstay is an issue -- my understanding (which has been wrong before) is that people have successfully applied for PR WHILE they were in the U.S. illegally. The fact is, an immigration violation is a civil matter, it is not a crime.

As for the DUI, though, it might require significantly more patience and resources.

So are you saying doing something illegal is not a crime? Try telling that to the judge.

Are you implying that being in a foreign country is a human right? Being able to enter another country is a privilege to earn, not a human right.

Screech339

 

[SenoritaBella]

In the context of applying for Canadian immigration, overstaying in another country(US in this case) won't affect your application. That is an issue for the US to deal with. Heck, many spouses who apply for PR via the inland route are out of status and stay on the basis of that application.

The DUI is another matter because it makes one inadmissible to Canada.

So are you saying doing something illegal is not a crime? Try telling that to the judge.

Are you implying that being in a foreign country is a human right? Being able to enter another country is a privilege to earn, not a human right.

Screech339

 

[on-hold]

So are you saying doing something illegal is not a crime? Try telling that to the judge.

Are you implying that being in a foreign country is a human right? Being able to enter another country is a privilege to earn, not a human right.

Screech339

What I said is true. In the United States, an immigration violation is a civil offense, not a criminal offense -- the same as a parking ticket. 'Illegal presence' is not a crime, and a person cannot be sent to prison for being in the US without status. Crossing the border unlawfully is a federal misdemeanor, but it is not usually prosecuted the first time.

You've probably been misled by the inaccurate (and in my opinion bigoted) term 'illegal alien'.

 

[Rob_TO]

What I said is true. In the United States, an immigration violation is a civil offense, not a criminal offense -- the same as a parking ticket. 'Illegal presence' is not a crime, and a person cannot be sent to prison for being in the US without status. Crossing the border unlawfully is a federal misdemeanor, but it is not usually prosecuted the first time.

You've probably been misled by the inaccurate (and in my opinion bigoted) term 'illegal alien'.

Even if staying in a country is not a criminal offense, it can still affect an application. If the VO reviewing the file is aware the applicant has stayed/worked illegally for an extended time in a country, it could cast doubt on the genuineness of the relationship if they feel the applicant's intention is really to get to Canada by any means necessary. Overstaying in most cases shows a pretty clear picture that the applicant does not want to remain in their home country.

 

[Becki567]

Even if staying in a country is not a criminal offense, it can still affect an application. If the VO reviewing the file is aware the applicant has stayed/worked illegally for an extended time in a country, it could cast doubt on the genuineness of the relationship if they feel the applicant's intention is really to get to Canada by any means necessary. Overstaying in most cases shows a pretty clear picture that the applicant does not want to remain in their home country.

I have to agree. It can appear to represent a strong desire to not be in his home country by any means necessary.

Crossing border illegally or marriage of convienence

 

[canuck_in_uk]

I agree that living in any country without status isn't a good thing to do and will cause the VO to look closer at the genuineness of the relationship. However, CIC is not allowed to refuse an inland sponsorship app just because the applicant is in Canada without status, so they won't refuse an app just because an applicant was in another country without status, provided the relationship is genuine. A solid application with plenty of proof would overcome this issue fairly easy. There have been many similar apps on the forum that have been successful.

The big problem is the DUI. He cannot even apply for rehabilitation until 5 years after he finished his prison term or, if he was given parole, 5 years after he completed parole.

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

 

[lovemyman]

I have a question about what I read online....so which one is it....5 years after crime was commited or 5 years after the jail sentence??? I', confused! I definitely will need a lawyer...anyone know a good one in Toronto area??

Also....a friend wants to know....if deported from the USA and then caught trying to enter illegally....so illegal re-entry...is that also considered a criminal offence in Canada???

Thanks everyone for your help!! I really appreciate it,...you have no idea

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Eligibility for rehabilitation

This section gives a summary of the type of offences and length of rehabilitation periods.

If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
•You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
•You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.

If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
•You are deemed rehabilitated: at least ten years after commission of the offence.
•You are eligible to apply for rehabilitation: five (5) years after commission of the offence.

If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:
•You are deemed rehabilitated: not applicable.
•You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.