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

[canuck_in_uk]

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???

5 years after he was released from prison. If he was released on parole, then the 5 years is after the parole was completed.

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

The following section explains how to determine the eligibility date for the five (5) year waiting period for different types of sentences.

Suspended sentence: count five (5) years from the date of sentencing.

Suspended sentence with a fine: count five (5) years from the date the fine was paid. In the case of varying payment dates, the rehabilitation period starts on the date of the last payment.

Imprisonment without parole: count five (5) years from the end of the term of imprisonment.

Imprisonment and parole: count five (5) years from the completion of parole.

Probation: probation is part of the sentence. Count five (5) years from the end of the probation period.

Driving prohibition: count five (5) years from the end date of the prohibition. You are prohibited by the Criminal Court from driving.

 

[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'.

It may be a civil offense for being in US out of status or in other words, staying in US illegally. US do and can detain those who are in US illegally (sent to jail) not to serve a sentence or to be prosecuted but to await deportation out of US.

How do you call a foreigner living / staying in a country out of status then? A legal alien? There is no other terminology unless you can enlighten, than the term "illegal alien". Doesn't sound bigoted to me.

Screech339

 

[Alurra71]

The OP never stated what the punishment was for her hubbys DUI. She stated that he blew over the limit (.08 for those who don't know the US law) so they arrested him on the spot. Makes sense. The question is, what happened after that? Did he go to court, was he fined/jailed? Did he not show up to a court date and then leave to Mexico? All of these things will have a bearing on her application and for each instance, there is a potentially different outcome of his immigration papers.

If he was only arrested and then jailed for the night. Then he wasn't convicted of anything then rehabilitation 5 years from that date.

If he was arrested, went to court, found guilty, fined and/or put on probation then he will be eligible for rehabilitation 5 years after completing those terms.

If he was arrested, went to court, found guilty, fined and/or put on probation and left before completing those terms back to Mexico OR he left to Mexico after being arrested and going to court, that is a whole new ballgame.

 

[lovemyman]

hi Alurra
what happened was he was detained for 72 hours because it was a weekend. n on monday got sentenced to house arrest. he didnt complete the house arrest he cut off bracelet and went to mexico.
I need to talk to him and get full detailsand dates. its been a long time since all this happened so yea. but it looks likeits getting more complicated. we both didnt expect this
*sigh* again thanks everyone for your help. I just want to go into lawyers with some background information so thank you all

also....any recommendations for a good lawyer in Gta???

 

[scylla]

hi Alurra
what happened was he was detained for 72 hours because it was a weekend. n on monday got sentenced to house arrest. he didnt complete the house arrest he cut off bracelet and went to mexico.
I need to talk to him and get full detailsand dates. its been a long time since all this happened so yea. but it looks likeits getting more complicated. we both didnt expect this
*sigh* again thanks everyone for your help. I just want to go into lawyers with some background information so thank you all

also....any recommendations for a good lawyer in Gta???

You definitely need to speak with a lawyer. This means that he didn't actually complete his sentence which means he's not eligible for rehab at the 5 year mark. This probably also means that he has at least one other outstanding charge in the US for failing to complete the sentence and fleeing. You have a complicated case. I unfortunately wouldn't expect he's going to be here anytime soon.

 

[Alurra71]

hi Alurra
what happened was he was detained for 72 hours because it was a weekend. n on monday got sentenced to house arrest. he didnt complete the house arrest he cut off bracelet and went to mexico.
I need to talk to him and get full detailsand dates. its been a long time since all this happened so yea. but it looks likeits getting more complicated. we both didnt expect this
*sigh* again thanks everyone for your help. I just want to go into lawyers with some background information so thank you all

also....any recommendations for a good lawyer in Gta???

I wish I could give you an answer on a good lawyer, but I don't know of any myself.

It does sound like things are going to be quite complicated at this point since he didn't complete his 'punishment' and fled the country. He could try getting his fingerprints done in Mexico and having an FBI check as well as a check done for the state he was in when this happened. That would give you BOTH an idea of where he currently stands as it is quite likely they are not going to chase him across into Mexico to get him, however you would know the status and disposition of his record with the federal government as well as the state he was living in. Both of those factors are going to play a huge role for him to immigrate to Canada.

He would need to get 2 sets of prints done, send one to the FBI (done on FBI print card) and another set done for whichever state he was living in at the time. You could probably send him the proper cards if he can't get them where he is, and he can send them once he's gotten the prints and proper information on them. If he's not comfortable doing that, then he could send them to you and you mail them in. These will be steps he will have to complete to immigrate anyhow, but at least this way you know where to start to get it all cleared up. No surprises kind of a thing, ya know?

The police certificates won't be valid to use when it comes time for him to fill in the application to immigrate, he'll have to have them done again, but I really think this might be a good start for you guys to figure out how to proceed because if by some miracle his records come back clean, then you won't have the problems associated with it.

Good luck!

 

[screech339]

I would go with Alurra's advice. Get the FBI and state police report done first before starting any sponsorship. You would be able to at least see what kind of record that your husband officially have in the US. Once you know the record, you would know what the next step will be. Will you have to wait 5 years after the 72 hour arrest or will your hubby be forever not being able to apply for PR due to "incomplete" sentencing and defying the US laws by breaking the conditions of his sentence of house arrest and fleeing to Mexico since there is no end date of when the 5 year wait starts.

Screech339