Criminal Inadmissibility

[PaulandAb]

Hi to All,


Please anybody I need advice.

I am wondering if my application for PR will be rejected because I was refused entry in the U.S some five years ago (Nov. 14, 2003 to be exact). I was not allowed to enter the U.S. and my Tourist Visa (B1/B2) was cancelled because they suspected I worked there illegally previously. Since there was no flight back to my country that day, I was made to sleep in prison and then brought to a cell in a courtroom the next day. However, I was not brought before a judge. I was just made to wait with the others and then I was taxied back to the airport for the flight back.

Can anyone tell me what my chances are and will this greatly affect my chances of  getting a PR?

Thanks in advance...

[zednought]

You would have to declare the fact that you were detained and the reason why. If you were not actually charged with an offence you
should be okay. However, you'll need to establish if whether what we you actually did would be an indictable offence under Canadian law
and not US law. I'm pretty sure that this incident will be on their records so you'll need to assure CIC that this was a mistake and you had
commited no offence.

[PaulandAb]

Dear Zednought,

I'd like to thank you for your advice. I just do not know how to go about proving it was just a mistake. I am really planning to retain an Immigration Lawyer so he can advice me on this matter.

[dorz]

DEAR EVERYONE,

HAPPY NEW YEAR. I DECIDED TO SCRIBLLE THESE LINES TO ASK YOUR OPINION REGARDING THIS CASE .

THIS IS WITH REGARD TO MY FRIEND'S NANNY WHOM SHE CAUGHT WAS WITH HER NAKED HUBBY ON THE COUCH.

THE NANNY WILL INSIST TO DEATH THAT NOTHING REALLY HAPPENED BETWEEN HER AND THE MALE BOSS AND THAT THEY WERE JUST WATCHING "JAMES BOND" FROM THE TV SET AND THAT EXPLAINS THE "GIGGLING" AND THE SERIES OF "F*CK Y*U's " (WHICH MY FRIEND OVERHEARD), ACCORDING TO THE NANNY.

THIS ISNT THE FIRST THOUGH!

NOW, MY FRIEND WANTED TO DEPORT THE NANNY, WHO IS HERE FOR JUST 5-MONTHS, ONLY TO KNOW, FROM THE FILIPINA WHO OWNS THE AGENCY WHICH BROUGHT THE NANNY HERE THAT THERE IS NO WAY THAT MY FRIEND CAN DEPORT THE NANNY BUT JUST RELEASE HER.

THIS MADE MY FRIEND A BIT HESITANT AND CONFUSED CONSIDERING THE FACT THAT THE NANNY MIGHT FIND WAYS TO SECRETLY MEET UP WITH THE MALE BOSS,WHICH SHE SUCCESFULLY DID INSIDE THE SAME HOUSEHOLD DESPITE MY FRIEND'S PRESENCE THUS CONTINUE THE "HALF-STARTED-AFFAIR-YET" AND WORSEN THE SITUATION.

CAN'T SHE BE DEPORTED? I AM AWARE THAT CANADA DOESN'T WELCOME ANYBODY WHO COULD BE A LIABILITY TO THE GOVERNMENT. ISNT A HOME-WRECKER  CONSIDERED AS ONE?

I LOOK FORWARD TO READING YOUR REPLY AND BEST GUIDANCE!

GOD BLESS AND A BOUNTIFUL 2009!

[Leon]

It is true she can not deport her, only fire her.  The nanny, like any other temporary worker, has the right to look for another job while her work permit is still valid.

How is a "home-wrecker" a liability to the government?  There is no law against cheating in Canada as well as the nanny is not the only home-wrecker.  You are making it sound like the husband is completely innocent in all this.  A man is not like an object that somebody can steal unless they want to be stolen.  If the husband is cheating with the nanny, the wife needs to find out why he is cheating and work on their problems.  If the problems that made him cheat in the first place are still there, he will just find somebody else to cheat with when the nanny is gone.

[zednought]

Dear Zednought,

I'd like to thank you for your advice. I just do not know how to go about proving it was just a mistake. I am really planning to retain an Immigration Lawyer so he can advice me on this matter.

I would (somehow) try and obtain an official record from US Homeland Security about the events. I would have thought they
had some evidence that supported their claims that you had worked illegally in the United States. It would be my assumption
that it is this evidence that you need to demonstrate does not make you inadmissible to Canada, either because it is erroneous
or it does not make you indictable. To be honest I've no idea how you could go about this. Perhaps the best thing to do would
be to apply to your local CHC for rehabilitation and mark it for "information only". You would then get the best possible advice
directly from a Canadian immigration officer. I think this would be a better investment that spending, potentially, lots of money
on a lawyer who doesn't get the right result. It would only cost you $200 (Canadian) for the rehabilitation.

[PaulandAb]

Once again Zednought, many thanks...I would try the Rehab thing like you said, and the good thing is it's free if it is for information purposes only (i read about it at CIC).

I was also able to get a free telephone consultation with an immigration atty and he assured me that there would be no problem with my application regarding my case.

I hope you will overcome yours..more power

[PMM]

Hi

Once again Zednought, many thanks...I would try the Rehab thing like you said, and the good thing is it's free if it is for information purposes only (i read about it at CIC).

I was also able to get a free telephone consultation with an immigration atty and he assured me that there would be no problem with my application regarding my case.

I hope you will overcome yours..more power

The OP doesn't require rehab, s/he was refused admission and removed from the US, there were no criminal charges.

PMM