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November 22, 2009, 02:56:40 am
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Author Topic: iim008_1e misdemeanor Citation-Case Dismissed HELP  (Read 304 times)
BoobyCA
Newbie
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Posts: 4


« on: April 06, 2009, 02:05:20 am »

Hi All,

I am filling the "imm008_1e Schedule 1 Background declaration form" Under Section 9, Do I need to check any of the Box to 'Yes' ?
I received a Misdemeanor Citation in US 2 yrs ago for shoplifting (Petty offence) and the case was dissmissed.  I have all the supporting
documents for ths. My FBI fingerprint record shows this charge.

In the form I see a question " 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? 

Do I answer this question as Yes or No? I suppose the question refers if you were convicted but my case was dissmissed so is that a conviction?

Please HELP.

Booby
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divagirl
Hero Member
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Posts: 347


« Reply #1 on: April 06, 2009, 02:08:40 pm »

Answer yes and give an explanation in the bottom saying that it was dismissed. If they look at your FBI record and you say that you were not convicted, it would be contradicting answers and would cause a problem.
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BoobyCA
Newbie
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Posts: 4


« Reply #2 on: April 06, 2009, 02:14:30 pm »

Another memeber from the forum "PMM" pointed out that I should answer NO as its not a conviction. I am  confused now!
I posted this in "General Discussion" also where he answered. Can someone throw some Light!
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aNewHope
Star Member
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Posts: 127


« Reply #3 on: April 06, 2009, 02:41:26 pm »

BoobyCA:

Given the circumstances you would be best served by consulting an immigration attorney.  If the Canadian PR is a life-line to you, as it is to many of us here in this forum, then you should ensure that you put your best foot forward and not make any significant mistakes in your application.

Please remember that members in this forum, with best intentions at heart, are not lawyers and are consequently not well versed in immigration law.  Any suggestions would be based on a subjective interpretation, gut-feel and anecdotal references, none of which you should rely on to the exclusion of legal advice.

Good luck!

Another memeber from the forum "PMM" pointed out that I should answer NO as its not a conviction. I am  confused now!
I posted this in "General Discussion" also where he answered. Can someone throw some Light!
Logged
bendjoe
Hero Member
*****
Posts: 329


« Reply #4 on: April 06, 2009, 03:00:40 pm »

Hi All,

I am filling the "imm008_1e Schedule 1 Background declaration form" Under Section 9, Do I need to check any of the Box to 'Yes' ?
I received a Misdemeanor Citation in US 2 yrs ago for shoplifting (Petty offence) and the case was dissmissed.  I have all the supporting
documents for ths. My FBI fingerprint record shows this charge.

In the form I see a question " 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? 

Do I answer this question as Yes or No? I suppose the question refers if you were convicted but my case was dissmissed so is that a conviction?

Please HELP.

Booby


Looks like a yes to me, but its better to consult an immigration lawyer.

I like your handle.
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