Back Ground check & Medical

[Nikoz]

Hello,
I have come to canada in march 1st 2008 after at the time my girlfriend and I lived together in the U.S a period of 5yr's...May 16th 2008 we were finally married (same sex) & in june I went for my medical..as it turned out i had got word I was infected with hep c virus due to high risk working condition's,after that bomb shell I had obtained my F.B.I rap sheet & it seem's to be a burglary charg of 17 yr's ago,2 D.U.I & a retail theft...My 6 month visitor stay is up in sept 1st,what are my option's as pr application...

1...Retain a lawyer due to criminal and medical...
2...Leave the country and return with a fresh new 6 month stay & have a lawyer handle my case...
3...Just give it a shot myself & what would my chances be of success

[PMM]

Hi

Hello,
I have come to canada in march 1st 2008 after at the time my girlfriend and I lived together in the U.S a period of 5yr's...May 16th 2008 we were finally married (same *censored word*) & in june I went for my medical..as it turned out i had got word I was infected with hep c virus due to high risk working condition's,after that bomb shell I had obtained my F.B.I rap sheet & it seem's to be a burglary charg of 17 yr's ago,2 D.U.I & a retail theft...My 6 month visitor stay is up in sept 1st,what are my option's as pr application...

1...Retain a lawyer due to criminal and medical...
2...Leave the country and return with a fresh new 6 month stay & have a lawyer handle my case...
3...Just give it a shot myself & what would my chances be of success

1.  The medical is not a big deal, as spouses are exempt from excessive medical costs, so you won't be refused on that basis.
2.  The Criminal charges are a REAL big deal.  You are probably inadmissible as a visitor and immigrant on the basis of the convictions.  Time to find a lawyer as you will require to submit an application for rehabilitation which will take a while.

PMM

[Nikoz]

I have been in contact with a attorney and due too the fact the charge's were so long ago,they will not be a issue..The issue would have been if I had a offense in the last 5yr's...All these charge's were settled 17yr's ago...I am currently in canada as a visitor with no problem in getting here...

[PMM]

Hi

I have been in contact with a attorney and due too the fact the charge's were so long ago,they will not be a issue..The issue would have been if I had a offense in the last 5yr's...All these charge's were settled 17yr's ago...I am currently in canada as a visitor with no problem in getting here...

Find yourself a new lawyer, who knows something about Canadian Immigration Law.  Burglary equates to Breaking and Entry in the Criminal Code of Canada, where the maximum sentence is 10 years.  So there is no deemed rehabilitation in your case after 10 years.  You have to apply for rehabilitation.  Hey but your the one paying the lawyers bill.  CBSA probably didn't question you on your criminal past when you entered Canada, if they did and you lied, you are in even deeper trouble.

PMM

[Nikoz]

Dear Pmm,
thank you for your advice....this lawyer happen's to be a IMMIGRATION lawyer & actually he founded legit for the reason's of immigration...Noone at anytime asked me about any background,that was not even a question on the U.S.a application when filling out to even obtain a passport...the question was never asked...as per say canadian law and also immigration,it states,if you have 2 or more infraction's with the law in the LAST 5 yr's,then yes,i'm gonna have issues....these charges were settled almost 20 yr's ago and i don't really see them uprooting my life being newly married just to say i was a bad person 20 yr's ago....Do you???
     The application itself ask's for ONLY information of the last 10 yr's...In the last 10 yr's there is nothing I have done...the attorney has mentioned a rehabilitation app,or 2 other option's...I have been reading many stories here and very rare have i seen someone booted for something 20 yr's ago,however,I do see many with recent past crime's,or pending crime's,none have been asked to leave canada....

[KayCee2]

Hello Nikoz,

PMM is only giving you some good advise. It's still up to you to put in your application with the same lawyer or get a second opinion with ANOTHER lawyer. In the long run, its CIC that will interpret those old criminal charges and decide on whether to let you into THEIR country based on THEIR standards. Just know that there is a chance that they will interpret it negatively.

If applying for rehabilitation will better your chances of getting a positive outcome, what's the harm?

Good luck!!

[Nikoz]

Hello,
I have no intention's of NOT putting it into my application...My point was,I don't really see them uprooting my whole life here over something that has happen 18 yr's ago...Immigration or not,there is STILL GUIDELINES immigration must follow as per say the immigration act itself...I have every intention on the rehibilitation app if that's what I must do...I have spoke with 3 well know attorney's linked through immigration themselves & all 3 say the same,since the charge's are so old a problem is not perdicted and at worst the WORST CASE would be a tpr application...