Criminal Inadmissibility issue

[merciguerrero]

Hi everyone!

I have been following your discussions/posts this past weeks and have gained useful information and insights.  This forum is awesome !

I am planning to lodge my application this week but still doubtful if I could pass through it as my husband is overstaying in the US.  I cannot submit his FBI certificate as requesting for one takes a long time.  However, I will be submitting with my application an explanation that we will present his FBI certificate once our application is placed into processing.  I am afraid if I won't submit this month, I would no longer qualify once the new regulation will take effect. 

Does anybody knows if illegal staying in the US makes someone inadmissible in Canada?  I have gone through criminal inadmissibility in the Canadian Immigration and Protection Act, and as I understand, only those that are arrested and/or criminally convicted in and outside Canada are inadmissible.  My husband has never been arrested in the US.  Kindly shed light. 

Many thanks,

Merci

[barsindoo]

Hi everyone!

I have been following your discussions/posts this past weeks and have gained useful information and insights.  This forum is awesome !

I am planning to lodge my application this week but still doubtful if I could pass through it as my husband is overstaying in the US.  I cannot submit his FBI certificate as requesting for one takes a long time.  However, I will be submitting with my application an explanation that we will present his FBI certificate once our application is placed into processing.  I am afraid if I won't submit this month, I would no longer qualify once the new regulation will take effect. 

Does anybody knows if illegal staying in the US makes someone inadmissible in Canada?  No.I have gone through criminal inadmissibility in the Canadian Immigration and Protection Act, and as I understand, only those that are arrested and/or criminally convicted in and outside Canada are inadmissible.  My husband has never been arrested in the US. Please submit your application quickly. Kindly shed light. 

Many thanks,

Merci

[merciguerrero]

Thanks for your advice!  I will submit this week.

[ehdgar]

Hi Barsindoo!

We overstayed in the US, our application is "in process" now at a VO. In our FBI, it shows in our record, "deportable alien". We dont have a criminal record issue, it is just for our overstay (we were granted voluntary departure by the immigration judge) . Will this FBI result affect our application negatively when they ask for it and we submit it to VO? Can you please tell us what we can do to increase our chance of being approved? Many thanks to you and to all who could share insights on this topic. God bless to all!

[Pippin]

I thought you could only apply from your home country or one in which you have legally resided for at least one year.  Better look into it.

[Pippin]

Do a search in the box top right of the forum page for illegal alien and you will find lots of info.  I have just included one post, but there are many and you may find the answers you are looking for.
http://www.canadavisa.com/canada-immigration-discussion-board/immigration-status-in-the-us-affects-ability-to-apply-for-canada-t5174.0.html

More research came up with this link OP 1 Manual.  Read pgs 12 and 17, and there may be others.
http://www.cic.gc.ca/English/resources/manuals/op/op01-eng.pdf
 

[ehdgar]

Thank you Pippin!

What if we are in our country of nationality now? We applied from our country. We are not anymore in the US.? Will they consider our application? Your reply is highly appreciated and thank you for sending the links.

[barsindoo]

Hi Barsindoo!
Sorry for the late response i have been away from my desk.
We overstayed in the US, our application is "in process" now at a VO. To overstay is not a problem. Non disclosure of the fact will be a problem.In our FBI, it shows in our record, "deportable alien". That's fine. Just say so on your form when asked.We dont have a criminal record issue, it is just for our overstay (we were granted voluntary departure by the immigration judge) . Will this FBI result affect our application negatively when they ask for it and we submit it to VO? NO. Just be  Can you please tell us what we can do to increase our chance of being approved? Say the TRUTH. It does set people free.Many thanks to you and to all who could share insights on this topic. God bless to all! It is well with you.

[ehdgar]

Thank you so much Barsindoo! Now we can breathe better now. We dont have plans of hiding the truth. We want to correct the mistake that we made and want to live a new life if Canada will give us that opportunity. We hope and pray, everybody will be given a chance to live the Canada Dream! God bless to all!

[brebu]

Hi ehdgar and everybody else,

PLEASE PROVIDE FEEDBACK AS SOON AS POSSIBLE!!!

Congrats to you on getting your meds and passport request so fast! I hope u get ur visa quickly too.
Unfortunately, I have a similar issue like yours. But even worse, I got arrested by Immigration, in order for them to collect bond money, of course. I was charged with overstaying, like yourself. I am now fighting my deportation case in the US and I also don't have any criminal record.
The problem is as follows. I asked for the fbi record long ago, but I had to submit my application before I got it due to the cap in 3152 filling in fast. Did u say anything about the US status in the initial application?
There is a question in the Background application about whether you have been detained or put in jail. I said no, since Immigration only took my fingerprints and my bond money and let me go the same day. My immighration lawyer here also told me it should not be on my record since immigration and criminal are separate. Now on the fbi record it says Arrested - Charge:deportable alien.
I never intended to lie and the form asks whether you were detained, convicted or put in jail.
Since my cc wasn't charged yet, do you think I should close it and reapply, and put that in the initial application, also including my fbi record? i am secondary applicant, my common-law spouse is main applicant, and she is ok (has GC in US).
I am really confused as I don't want it to loook like i'm hiding anything, since our application is perfect in any other aspect.
Thank you all for your inputs and thoughts, I'll be waiting impatiently to hear them!!!

[ehdgar]

Hi ehdgar and everybody else,

PLEASE PROVIDE FEEDBACK AS SOON AS POSSIBLE!!!

Congrats to you on getting your meds and passport request so fast! I hope u get ur visa quickly too.
Unfortunately, I have a similar issue like yours. But even worse, I got arrested by Immigration, in order for them to collect bond money, of course. I was charged with overstaying, like yourself. I am now fighting my deportation case in the US and I also don't have any criminal record.
The problem is as follows. I asked for the fbi record long ago, but I had to submit my application before I got it due to the cap in 3152 filling in fast. Did u say anything about the US status in the initial application?
There is a question in the Background application about whether you have been detained or put in jail. I said no, since Immigration only took my fingerprints and my bond money and let me go the same day. My immighration lawyer here also told me it should not be on my record since immigration and criminal are separate. Now on the fbi record it says Arrested - Charge:deportable alien.
I never intended to lie and the form asks whether you were detained, convicted or put in jail.
Since my cc wasn't charged yet, do you think I should close it and reapply, and put that in the initial application, also including my fbi record? i am secondary applicant, my common-law spouse is main applicant, and she is ok (has GC in US).
I am really confused as I don't want it to loook like i'm hiding anything, since our application is perfect in any other aspect.
Thank you all for your inputs and thoughts, I'll be waiting impatiently to hear them!!!

On our initial application, I didnt submit the FBI since I didnt have it yet. But when I submitted the FBI to the Embassy, I gave an explanation letter on our circumstances. There is no point in hiding the truth. As long as you did not commit crime. Today, we received our passport request. We had the same situation. Dont be afraid! Goodluck!

[merciguerrero]

kudos edhgar for the PPR! i already lodged our application and got a PER yesterday.  your processing is super fast!

[ehdgar]

kudos edhgar for the PPR! i already lodged our application and got a PER yesterday.  your processing is super fast!

Congratulations on your PER! It wont take long for you as well! Yesterday is our 5th month from the receipt of our application. We didnt expect it to be that quick!!! God is really good! God bless and Goodluck!

[merciguerrero]

hi ehdgar,

thanks for the wishes!

did you submit to CEM other documents aside from the FBI certificate to explain your overstaying in the US? the reason why your interview was waived? what are these?

thanks in advance!

[ehdgar]

hi ehdgar,

thanks for the wishes!

did you submit to CEM other documents aside from the FBI certificate to explain your overstaying in the US? the reason why your interview was waived? what are these?

thanks in advance!

When we sent our FBI report, we didnt include the explanation letter yet, after a week, we thought it would be better if we will send the explanation letter along with all the documents pertaining to our voluntary departure granted by the US immigration judge. We took the risk of sending them because we want to be honest with our application we dont want to live anymore in the shadow again, we took the chance but yet a very good opportunity are being given to us!!! We really thank God for the chance and we thank Canada for giving us the chance to live a new and better life.