Hi All,
We hafe filed our Quebec-PR case through an agent and received CSQ's and completed federal documentation Including medicals. Now CHC (Canadian High Commission) requested for FBI & US state police clearence and i had followed the procedure and received the report / results. My FBI fingerprint record shows that no arrest record where as state record review result says that no criminal and non criminal history. Second search based on descriptive data with state record review resulted with information and it is sealed upon Non-Criminal Conviction. I am spouse of primary applicant and I had stayed almost 1year in US legally during 1997. I had Misdemeanor Citation in US for shoplifting (Petty offence) and the case was convicted upon plea of guilty and sentenced to fine amount of $100.00. I had paid the fine amount and i have all the supporting documents. Our agent had filled all the canadian Immigration forms and we had signed all the declarations based on his guidance. In Schedule 1 Background declaration form under Section 9 agent had checked all 'No' as a general practice. Now i have observed that there is a question stating 'been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any country? Since it had been mentioned 'No' will they refuse our case on facts misrepresentation / suppression of information ground? Please HELP Immediately as the deadline is nearing and i need to submit my FBI & state record review results / reports to CHC.
You are right. You have to deal with this situation asap. First of all, you have to refresh your memory and recall some events. The questions are: have you ever told/advised your agent of your charge/conviction in the USA (and if "yes" what was his/her answer)? Is your agent is a lawyer or CSIC member? Have you ever read your application forms before signing them or signed blank copies only? Have you said "no" to this question on all your previously-filed immigration documents? What is the deadline for submitting your documents, can you extend it? Your answers to these questions will play a crucial role. I suggest that you take this situation seriously, by obtaining legal advice/immigration consultation from a Canadian lawyer/CSIC member prior to sending your docs to the Canadian High Commission. Please keep in mind that any criminal offense committed abroad should be disclosed and assessed against the Canadian law (more info
http://www.cic.gc.ca/english/information/applications/guides/5312E2.asp.) In the worth-case scenario the Canadian High Commission may request that you complete your rehabilitation applications. But you should be ready to answer the following question: why this information was not disclosed on your application forms? Therefore, you need a legal advice from a third party when this situation goes sour. I hope it helps. Good luck!
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