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May 29, 2012, 05:05:39 am
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Author Topic: Petty Misdemeanor... help?  (Read 178 times)
rbkrzmarcik
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Posts: 3
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« on: February 06, 2012, 11:29:06 am »

Good morning,

I am sponsoring my  husband from the USA to become a permanent resident. The offices in Buffalo have requested additional information from us and we are just concerned if this is going to be a big deal or not...
Over 5 years ago my husband had a petty misdemeanor (theft) under the 400$ bracket. There was no arrest made, just a fine that was paid on time. The FBI check that we had did not state anything about this however in our written application we did include it as to not lead any false information. They have request the official documents from that time and we are getting them sent to us this week.
Question being, is this something that can severly delay our application or deem him inadmissable? Our concern was the fact that it didn't even show up on his FBI check.
We just want to see about some feedback so we can prepare ourselves. Other then this one thing, they have already told us an interview is not required and this seems to be the only thing outstanding.

Any insights??
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AllisonVSC
Champion Member
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Posts: 1442
Ratings: +57
Category........: FAM
Visa Office......: Buffalo - Conjugal Partner
App. Filed.......: 11-08-2009
Interview........: waived
VISA ISSUED...: 04-11-2009
LANDED..........: 04-11-2009

« Reply #1 on: February 06, 2012, 11:45:46 am »

I have no experience with this but searched the cic website. Source and quote found below. I suspect, given the time frame and description you provided, he will not be deemed inadmissible, but that is only my opinion. Hopefully others can tell you more. As for whether or not it delays processing, I would be interested to hear what other members have to say to that as well.

SOURCE http://www.cic.gc.ca/english/visit/conviction.asp#deemed

Depending on the nature of the offence, the time elapsed and your behaviour since it was committed or since you were sentenced, you may no longer be considered inadmissible to Canada. You may be permitted to come to Canada if

you are able to satisfy an immigration officer that you meet the legal requirement to be deemed rehabilitated; or
you have applied for rehabilitation and your application has been approved; or
you have obtained a pardon; or
you have obtained a temporary resident permit.
Deemed rehabilitation

You may be deemed rehabilitated if you meet the requirements of the Immigration and Refugee Protection Act. Depending on the nature of your offence, at least five years and as many as 10 years must have passed since you completed the sentence imposed for your crime. Deemed rehabilitation also depends on whether you have committed one or more offences. In all cases, you may only be deemed rehabilitated if the offence committed would be punishable in Canada by a maximum term of imprisonment of less than 10 years.

You are not required to submit an application to be deemed rehabilitated. However, before arriving at a port of entry, we strongly advise you to contact a Canadian embassy, high commission or consulate outside Canada to see if you qualify.
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