Reguarding crime against family and sponsorship

[sillyangel]

Ok this may sound odd, but me and my wife live down here in USA.  I'm a US citizen and she is a Canadian citizen.  We have been in the process of getting her green card for the last 3 years, but now she just got charged with child neglect for 4 felonies but she is not found guilty yet.  We are trying to fight it in court because it is a bunch of BS, but here is what we are thinking could possibly happen.  The kids might get put with their biological father, and she would get deported back to Canada.

Here is what I am wondering.  We know that if she is convicted she will be deported and her green card application will be gone and she will never be allowed in the US again.  So if that happens, she will sponsor me to get my Canadian permanent residency.  I have a completely clean record.  But will she be able to sponsor me, or would child neglect felonies here that happened here in the USA (the charges are for poor hygiene, medical neglect, and dental neglect even though thats not what happened) prevent her from being able to sponsor me?

[PMM]

Hi

Ok this may sound odd, but me and my wife live down here in USA.  I'm a US citizen and she is a Canadian citizen.  We have been in the process of getting her green card for the last 3 years, but now she just got charged with child neglect for 4 felonies but she is not found guilty yet.  We are trying to fight it in court because it is a bunch of BS, but here is what we are thinking could possibly happen.  The kids might get put with their biological father, and she would get deported back to Canada.

Here is what I am wondering.  We know that if she is convicted she will be deported and her green card application will be gone and she will never be allowed in the US again.  So if that happens, she will sponsor me to get my Canadian permanent residency.  I have a completely clean record.  But will she be able to sponsor me, or would child neglect felonies here that happened here in the USA (the charges are for poor hygiene, medical neglect, and dental neglect even though thats not what happened) prevent her from being able to sponsor me?

As long as she is not incarcerated, she can sponsor you.

PMM

[sillyangel]

Oh wow, this is great news in a sense, at least we wouldnt be seperated.

Just to make sure I have this clarified.  You say as long as she is not incarcerated, she can sponsor me, but im confused.  Which of these is it?

1)Even if she is convicted here in the USA, it doesnt matter on her sponsorship.  That she can sponsor me as long as she is not incarcerated at the time when she wants to sponsor.  So as long as she is out of prison, she can sponsor?

2)If she becomes incarcerated in the USA, even after she is done with her incarceration and goes back to Canada, due to the fact that she at one point in her life was incarcerated, she is unable to sponsor forever, because she was at one time incarcerated?

Basically, does incarceration null and void her being able to sponsor forever?  Or she is just not eligible to sponsor WHILE incarcerated?

What happens if she is found guilty, but only gets probation, no actual incarceration time?

Oh, and also, so then child neglect wouldn't classify as a crime against a family member?

[PMM]

Hi

Oh wow, this is great news in a sense, at least we wouldnt be seperated.

Just to make sure I have this clarified.  You say as long as she is not incarcerated, she can sponsor me, but im confused.  Which of these is it?

1)Even if she is convicted here in the USA, it doesnt matter on her sponsorship.  That she can sponsor me as long as she is not incarcerated at the time when she wants to sponsor.  So as long as she is out of prison, she can sponsor?

2)If she becomes incarcerated in the USA, even after she is done with her incarceration and goes back to Canada, due to the fact that she at one point in her life was incarcerated, she is unable to sponsor forever, because she was at one time incarcerated?

Basically, does incarceration null and void her being able to sponsor forever?  Or she is just not eligible to sponsor WHILE incarcerated?

What happens if she is found guilty, but only gets probation, no actual incarceration time?

Oh, and also, so then child neglect wouldn't classify as a crime against a family member?

No, if she is jailed, she can't sponsor you until she is released.  No, child neglect would probably not be considered a crime against a family member.

PMM

[sillyangel]

THANK YOU!!! Thank you thank you thank you!!  You have no idea how much that made my day.  Me and my wife are going through absolute hell with social services and the court system and it feels like our lives are ruined and that we would end up being seperated from each other and the children forever, a family destroyed by the system, but knowing that we could reunite in Canada and try to pick up the pieces, that gives me hope to keep fighting for what is right, and even if we get the worst possible outcome we can still have some way to be together and live like a normal family.

[fallenstar831]

No, child neglect would probably not be considered a crime against a family member.

PMM are you sure about that?  They are her children!

[PMM]

Hi

PMM are you sure about that?  They are her children!

For sponsors it is

"were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued"  The criminal code of Canada has the following sections


215. (1) Every one is under a legal duty
(a) as a parent, foster parent, guardian or head of a family, to provide necessaries of life for a child under the age of sixteen years;
(b) to provide necessaries of life to their spouse or common-law partner; and
(c) to provide necessaries of life to a person under his charge if that person

(i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and

(ii) is unable to provide himself with necessaries of life.

Offence

(2) Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof of which lies on him, to perform that duty, if
(a) with respect to a duty imposed by paragraph (1)(a) or (b),

(i) the person to whom the duty is owed is in destitute or necessitous circumstances, or

(ii) the failure to perform the duty endangers the life of the person to whom the duty is owed, or causes or is likely to cause the health of that person to be endangered permanently; or
(b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.


218. Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

Note the highlighted terms, the life must be endangered and permanent injury.  The OP has stated the charges are child neglect, if there is no endangerment nor abandonment, then the charges can't be equated to the Criminal Code of Canada. 

PMM

[fallenstar831]

Sorry to debate the law PMM, but medical neglect is endangering the health and welfare, which could cause permanent injury.   It would depend on the situaiton I would suppose. I'd be curious to know what the other 4 felonies are as well, I'm sure they would contribute.

Regardless, if PMM is right, you can count on one hell of a bumpy road to get this all sorted out.

[sillyangel]

Sorry 1 more question PMM.  What if she doesnt get prison time, but gets put on probation for like 2 years or something, would that disqualify her from sponsorship while shes on probation/parole?

And to fallenstar, the charges are for medical neglect for missing a recheck and not doing a painful test that she felt was not necessary and was only recommended.  The dental neglect is for not pulling a tooth that a pediatrician told her was no concern unless it hurt or got infected which it never did, and then 2 counts of poor hygeine which they are saying the girls smelled one day and had messy hair, when teachers and stuff know they are always clean at school and stuff... apparently these are felonies, sad huh.  No damage was ever done, they are both in great health, so it didnt cause any damages and was never even a risk of permanent damage.