Inadmissability and family sponsorship

[GWilkins]

My Wife is living and working in Canada. she went Back up in April (2011). I have been attempting to get my inadmissability taken care of for over 2 years actually. I ran the fingerprints a year ago and had the application sent back from Seattle saying that to do family sponsorship I needed to send to Missiuagua? (sp) Anyway, they also said I needed "More" court dockets. There are 2 courts here I can get nothing out of no response from 1 court  a theft II in 1973 which I spent 7 days in jail and a DUI which was in 1982 in Montana and they destroyed the records after 10 yrs. We have the money to apply but I will have to resend the FBI and state records to get the updated version. The DUI in Montana does not show on any FBI or state record check so should I just quit being so damn honest and leave it off? I have been sober for 21 years and was moving to Canada and planned on applying from within...then.. when I retired and went there for the first time ever they stopped me and asked and I told them about my past. they then issued me a 30 day visa and I had to come back to the states. I was married in Canada and just want to be with my wife and step-kids in Newfoundland this is getting quite stressful for all concerned and we need to apply for something. Can the sponsor and resident applications be submitted while waiting to get the "other" information? we have now been married 6 years and spend less thatn half the time together because my wife's daughter has MS and my wife is helping with her and the grandchildren....Like I said High stress here.

[RobsLuv]

OK, read through the information on the US2Canada website about spousal sponsorship - that's the best avenue for you to apply to immigrate to Canada.  However, if you still have a DUI and/or theft conviction(s) on your FBI clearance, you'll need to apply first for rehabilitated status or they will find you inadmissible to Canada and refuse the PR application.  Whatever you do, with a history like yours, don't apply inland - even if you can get into Canada to visit.  There is no requirement, even if you're staying in Canada whilst waiting for PR status, to apply inland and you preserve your sponsor's right to appeal a refusal if you guys submit an outland application.  No advantage whatsoever to an inland ap for a US citizen even in the best of situations, but in your case, it could end up costing you years and then an ultimate refusal anyway with no right of appeal and you'd have to leave the country immediately.  

Best favour you can do for yourself is to either make sure those convictions aren't on your FBI (or any State) report, and if they are, take care of them properly before you apply for PR - either by applying to have them expunged (if that's an option), or by getting "deemed rehabilitated".  If you get into the PR application process before resolving those issues, it's going to take years and you could set yourself up to not even be able to visit Canada in the interim.

Another option that might have merit is to apply for a Temporary Resident Permit if it turns out that you have convictions that can't be resolved through other means.  A TRP allows you to come to Canada to live and work even though you are inadmissible and is issued when there are sufficient humanitarian and compassionate considerations to allow you to come anyway ("best interest of the children").  After three years in Canada, "keeping your nose clean" on a TRP, you'd  be eligible to apply for PR and your inadmissibility would no longer be an issue.  In the meantime, if your inadmissibility was overcome through other means (like the "Deemed Rehabilitated), you'd be able to move forward and be sponsored even before 3 years.

This is just a general opinion and description of how to proceed that I've gleaned over the years after having my outland PR ap refused because my non-accompanying dependent had a conviction.  I was documented on a TRP on H&C grounds until our appeal could be finalized - so I have a bit of an understanding of it.  But you should probably consult with a qualified Canadian immigration attorney for more information before you make a decision regarding how to best move forward.

[canadianwoman]

He's already told the border agents about his convictions, so even if they are not listed on the FBI report, he will have to be honest about them in the PR application. If he isn't, there is too much chance the VO will find out because of the admission to the border agents, and he would then be banned for misrepresentation.

However, given how long ago the convictions were, he should be able to get his PR visa - through rehabilitation.

[GWilkins]

Right Canadian woman, The inadmissable is the DUI situtaion not the misdemeanor theft II stuff, what the above respondant did not realize is there is no way to expunge or be deemed rehabilitated by my govt. That is up to Canada and I was allowed in for a temp visit 2 years ago. Now I have to get all the paperwork together "With" all the evidence I can find and turn it in; The US and Canadians have both been a hindrance in this process. I have no felonies and the thefts were petty offences when I was about 22 or 23 I am 58 years old now and worked for the federal govt for 28 years. If I was good enough for our govt I should be good enough for Canada.

[Kess]

Right Canadian woman, The inadmissable is the DUI situtaion not the misdemeanor theft II stuff, what the above respondant did not realize is there is no way to expunge or be deemed rehabilitated by my govt. That is up to Canada and I was allowed in for a temp visit 2 years ago. Now I have to get all the paperwork together "With" all the evidence I can find and turn it in; The US and Canadians have both been a hindrance in this process. I have no felonies and the thefts were petty offences when I was about 22 or 23 I am 58 years old now and worked for the federal govt for 28 years. If I was good enough for our govt I should be good enough for Canada.

Was the DUI (and all related sentances/probation) completed more than 10 years ago?  If more than 10 years has elapsed than then officer processing the PR application should be able to consider the PR applicant "deemed rehabilitated".  In our case, the 10 years was not up until Dec of this year so we had to submit a criminal rehabilitation application in order for them to deal with it.

Check out the links on this page.  The Enforcement (ENF) manuals pertain to inadmissability and the OP is for overseas processing (for outland PR applications).  I spent a lot of time reading these.
http://www.cic.gc.ca/english/resources/manuals/index.asp

[GWilkins]

yes the newest DUI was actually 22 years ago and I took the diversion that one doesnt count though it shows in the official records then one in 1971 and one in 1982 the one from 1971 has only state records in Oregon they destroyed the old dockets (I have letter) the one in 1982 in Montana has no record anywhere and the courts are reluctant to write anything. we have a real good privacy system down here that doesnt want anyone to know this stuff it seems. anyway I did admit to it so I have to get a letter stating it doesnt exist. my petty crime days were 1971 to 1974 basically and I have some of the dockets that were available. I have been clean and sober for 21 years and that should acct for something too. like I said before no felonies and everything is so old the records for most are gone.