Complicated Circumstances - Inadmissability - Please Help!

[Woman_USA_to_Canada]

Okay, where to start... I have quite a complicated situation, so please stay with me.  I will try to be as detailed as possible.

Overview of Facts:
I am a woman in my early 30s.  I live in the United States with a minor child (under 8 years of age).  I am almost legally divorced, but separated for over 3 years (divorce should be final in about a month).  I am presently unemployed and seeking employment, surviving on Unemployment Insurance.  I have worked professional business positions for almost 15 years.  I do not have a 4-year degree.  I do have 2 years of college.  Over a year ago a man in Canada and I met on the internet and fell in love.  We have maintained a long distance relationship via telephone and video conferencing on a daily basis.  We would like to merge our families into one.  I am inadmissible to Canada for 4 more years due to Serious Criminality (from my past).  He has a Criminality issue as well, but not “Serious Criminality”.  He is ineligible for a Canadian Pardon or a US Criminal Exemption for another 1.5 years.  We are both personally, criminally and spiritually rehabilitated people, law-abiding citizens and Christians.

My Criminality Details:
Over 10 years ago I was convicted of about 5 counts of Grand Theft – Embezzlement (one count for each check cashed), Forgery, Petty Theft (which was dropped) and False Impersonation.  I, originally, received local jail time and probation, with the promise (from the court) that if I neglected to fulfill any of my responsibilities (probation terms and restitution) I would receive a 3-year state prison term.  At the time I committed the crimes I was 18 years old (1998).  At the time of arrest I was 19 years old (later 1998).  At the time of sentencing I was 20 years old (1999).  I was in the local jail from Fall 1999 to about Spring 2000.  In Late Spring of 2000 I violated my probation.  In the beginning of 2001 (22 years old) I was arrested for this violation and was re-charged with my crimes, (which is what happens when you violate probation).  I spend from the beginning of 2001 to Spring 2002 in the local jail fighting the violation of probation (for which the courts intended to give me a 3 year prison term).  I spent spring 2002 to Early Summer 2003 in the state prison to finish the last 2 months of a 2-year state prison term received.  I was on State Parole from Early Summer 2002 to Early Summer 2003, when I was released early (by 2 years) because the State Parole Department did not believe that I was any longer a risk to society.  I have been a law-abiding citizen since that few year period of time.  I have recently applied for a pardon in the state of my convictions; the pardon will only be recognized in the United States.

Occurrence of Events (attempting to enter Canada for visiting and interviews for work):
April 2009 - Arrive at the Canadian border and am told I require secondary processing in the immigration office.  Immigration officer asks a few regular questions, I answer truthfully. The office then asks if I have ever been arrested, I tell the truth.  The officer says he has to look up the details in the computer, confirms that I am truthful, denies entry based on not enough time having been passed to be “Deemed Rehabilitated” (10 years from the end of probation/parole – 6 years for me at this point).  Gives me a page to sign that states I am voluntarily withdrawing my entry to Canada and will u-turn to the U.S. immediately, and will not attempt to enter Canada again unless I meet the qualifications to do so.  The officer is pleasant to deal with; the resulting experience is extremely undesirable.

My desire / abilities:
To be able to enter Canada, with the ability to work, without waiting over a year for a “Certificate of Rehabilitaion” (which I have to pay $850 USD for) that does not guarantee admission.  If I have to wait a year, I would rather apply for permanent residency.  The goal is to merge families with the man I am in a relationship with.  It is almost impossible to get a job offer from outside Canada.  I can get a job offer letter from a company in Canada that will serve as a means to get a temporary work permit, then once there I can easily find employment and transfer the work permit to the new company. I find it very confusing as to the BEST route to go with this to obtain the end goal in the least amount of time.  Once inside Canada, we can marry and apply for our citizenship through the family class.  It is getting to Canada that appears to be the difficult part.  I have all my police certificates and court paperwork in regards to my charges from my past.  I have passports for me and my child.  I have personal and professional letters of reference, including for my ongoing volunteer work over the last few years.  I have the $850 USD to pay for the fee for Serious Criminality, if needed)

My Question:
What is the BEST route to take (as far as paperwork goes) to get to Canada (from the United States – a lateral lifestyle move)?  I was born in the United States.  I am Caucasian (not sure if that matters to Canadian immigration).

I look forward to serious and experienced replies only.  I did not post this for criticism of my past, just on advice on how to overcome the hurdle that prevents me from having a happy family life in Canada.

Thank you.

[Leon]

I think you need an immigration lawyer.  I am pretty sure you need to be considered rehabilitated under the law before you can apply for anything in Canada.

After you get that sorted, you can marry him and he can sponsor you for PR.

If your waiting time to get officially rehabilitated is too long, you might want to consider sponsoring him to the US instead.

[Woman_USA_to_Canada]

I think you need an immigration lawyer.  I am pretty sure you need to be considered rehabilitated under the law before you can apply for anything in Canada.

After you get that sorted, you can marry him and he can sponsor you for PR.

If your waiting time to get officially rehabilitated is too long, you might want to consider sponsoring him to the US instead.

I thank you for your prompt reply as well as your time.  I, unfortunately, cannot afford an immigration attorney.  They are quite costly and this can take some time.  I must do this myself.  This is why I am turning to this forum and its members' knowledge and expertise.  I would ask you for further clarification, if possible, for the following additional issues:

1 - I know I can apply for a TRP and attach the IMM144E (Application for Rehabilitation) form as a "For Information Only", but I would need compelling reasons why I need to come to Canada with a TRP.  I am not sure that becoming a family is a compelling reason for CIC, at least on a TRP.  Can I assume that it is not?  What would compelling reasons be for a TRP?  Could temporarily working (ie. a contract job) be a compelling reason? 

2 - What is the likelihood (if I apply for only the Criminal Rehabilitation Cert.) that it will be approved?

3 - How long do they actually take.  I have called all of the Canadian processing centers in the U.S. and only one would tell me their current processing time (Seattle - "about 2 years" - to my deepest dismay), however, I know Seattle has a long processing time. 

4 - Am I bound to submitting my application to Seattle due to the fact that it is the closest processing center to my place of residence?  I have searched the websites and get no time frame for this paperwork category. 


I have a time issue as well: My police certificates will expire on June 5, 2009.  I MUST submit this paperwork in the next 2 weeks (via signature confirmation mail).  I know the certificates must be no more than  3 months old upon submission of application. 

I am very disheartened at the complication of this situation.  Many tears have I shed due to the fact that I would like to settle into a happy family life and know I must jump through hoops due to horrible choices I made as a young adult.  I have told many young people my story and implore them to choose wisely...  a lifetime's penance for stupid youth decisions is a harsh reality I must accept.

Thank you again for any and all assistance and advise.

[Leon]

I can't help you with any of your questions, but in order to get access to a lawyer, ask your boyfriend to go to an immigrant/newcomers centre where he lives.  They have have resources, access to information, possibly even access to a free lawyer.  Once he knows what it is you have to do, he could also talk to his MP about pushing immigration buttons.  Get his family to talk to their MP's too.  In some cases it can help to pull some strings.