Canadian Citizen living in USA wants to sponsor US Husband and move to Canada
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Author Topic: Canadian Citizen living in USA wants to sponsor US Husband and move to Canada  (Read 5184 times)
op786
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« on: January 30, 2008, 03:18:27 pm »

Background:
I am a Canadian Citizen by birth. My husband is a naturalized US Citizen.
He came to Canada in 1996 and married me and stayed on for one month and we left together to the USA.
He applied for me for US residency and I am currently a US permanent resident living in USA for over 5 years.
We are happily married and have 4 US born children. I applied for Canadian citizenship for all 4 children and they are now dual US and Canadian Citizens as well. The only person that has no Canadian status is my US Citizen husband.
We want to apply for his Canadian Permanent residency and all of us move over to Canada to live.

Question 1:
What is the best and fastest way to go about this ? Do I apply while we are all still in USA and we all move together after he is approved or should me and the kids move permanetly to Canada and apply for him while he is waiting in USA alone or can we all just move over to Canada and then I apply for him while he is in Canada together with us ? All so confusing..geez.
He is medically very healthy, has a great job as a senior I.T. professional in the USA and could probably get work easy in Canada as well. I am a stay at home mom with the 4 kids.
Possible Problem : ??
The only one thing against him is that he got a charge against him recently for forgetting to update the address on his Auto registration Tag after we moved to a new house. He updated license and all other documents but just forgot to do the auto tag in good faith. He has all kinds of US security clearances due to his job and there is no reason for him to defraud the State of Florida by not updating the auto tag address. Simply forgot. He wasn't arrested or anything like that. Just ticketed by the street cop during a routine check because the auto tag address didn't match the drivers license address. Now we learnt that this seemingly small issue is actually a CRIMINAL CHARGE in the the USA for some reason.....He will just have to go to court in front of the judge and prove that he updated the address (which he did within 4 hours of getting the charge) and pay a possible maximum $500 fine and it is over. But we are told it WILL show on his record as a CRIMINAL MISDEMEANOR CHARGE of 2nd degree which is the LOWEST level of misdemeanor. Will this be a SERIOUS problem in getting him to become a permanent resident in Canada ? He has an otherwise TOTALLY clean record.

Thanks
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thaiguy
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« Reply #1 on: January 30, 2008, 07:59:38 pm »

1.  It's up to you.  Neither way is 'better.'  You can either sponsor him from inside the U.S., or you can all go to Canada and you can sponsor him in-country.  The only drawback I can think of is that he will be unable to work in Canada until he receives AIP (approval in principle).  So if you are looking for the best way to go from a financial perspective, I would say it's sponsoring him from inside the U.S.

2.  I don't know whether your husband would be considered inadmissable from the 2nd degree misdemeanor.  But you can address this proactively by completing an Application for Rehabilitation and taking it to the nearest Canadian consulate or embassy.  Free of charge, they will assess whether the charge will make your husband inadmissable.  If he is, then he'll have to wait a period of time (5 years, I think), before he can be considered rehabilitated.  But at least you'll know ahead of time whether you're going to run into problems.  Here's the link for rehabilitation:

http://www.cic.gc.ca/english/information/applications/rehabil.asp
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dh
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« Reply #2 on: January 30, 2008, 08:04:13 pm »

Greetings op786,
as for Your questions,here it is:
Your best option and under Your present circumstences apply while You are still in USA, go to the nearest Canadian Consulate or embassy where you live and apply to sponsor your husband.
As for a second issue about CRIMINAL MISDEMEANOR CHARGE of 2nd degree , try to apply for pardon for him in a state of Florida, perchups he has to wait some time or pay a fee and get his record erased. Canadian Immigration policy states if a person being sponsored has a criminal record that person will be inadmissable to come to canada. Find out in a state florida about a procedure to get his record sealed, or erased. As soon as You have done that, then you can apply to sponsor him. the only problems is its going to take very long time.
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thaiguy
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« Reply #3 on: January 30, 2008, 09:46:58 pm »

Greetings op786,
as for Your questions,here it is:
Your best option and under Your present circumstences apply while You are still in USA, go to the nearest Canadian Consulate or embassy where you live and apply to sponsor your husband.
As for a second issue about CRIMINAL MISDEMEANOR CHARGE of 2nd degree , try to apply for pardon for him in a state of Florida, perchups he has to wait some time or pay a fee and get his record erased. Canadian Immigration policy states if a person being sponsored has a criminal record that person will be inadmissable to come to canada. Find out in a state florida about a procedure to get his record sealed, or erased. As soon as You have done that, then you can apply to sponsor him. the only problems is its going to take very long time.

Whether his record is sealed or erased has nothing to do with eligibility to immigrate.  He must still inform CIC of the charge, and CIC will determine whether he is admissable.
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