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Can anyone please help me ? Thank you

hope2498

Newbie
Mar 28, 2011
6
0
I am new in this forum and i don't know if i'm posting in the right section.Hopefully someone will be able to answer my questions or at list give an idea on the direction to take with my case.I really want to start my application for the province of Quebec.I would be applying from the US as the principal applicant and my wife and 5 kids as dependents.I know i have a good chance to qualify both my wife and i speak French and English fluently ,we are under 35,my kids are under 12 which i heard i could get point for that also,my work experience is more then 5 years,and have a college degree.But this is where i feel that my case would get complicated 11 years ago,my wife was in an abusive relationship which end up in a arrest of my wife after she could not take it anymore and just snapped that day they charged her with aggravated assault but the prosecution reduce the charges to simple assault and reckless conduct (both misdemeanors) this was her first offense she was 21 at the time .She was given the first offender treatment which is a deferred adjudication and got 12 months probation and a fine ,they told her that all the charges would be dropped as long as she complete probation and stay out of trouble,and she did .I ran a background check on her not long ago and everything came back clean.Will Canada treat her deferred adjudication as a conviction? Legally here she can say when asked that she was never convicted of a crime.I have the court papers and it says on her discharge papers that she completed everything and was not to be treated as a convicted person.How should i handle this case ? And should i mention the arrest when the time comes ?I hope to have any feedback soon...Thank you for helping.
 

hope2498

Newbie
Mar 28, 2011
6
0
hope2498 said:
I am new in this forum and i don't know if i'm posting in the right section.Hopefully someone will be able to answer my questions or at list give an idea on the direction to take with my case.I really want to start my application for the province of Quebec.I would be applying from the US as the principal applicant and my wife and 5 kids as dependents.I know i have a good chance to qualify both my wife and i speak French and English fluently ,we are under 35,my kids are under 12 which i heard i could get point for that also,my work experience is more then 5 years,and have a college degree.But this is where i feel that my case would get complicated 11 years ago,my wife was in an abusive relationship which end up in a arrest of my wife after she could not take it anymore and just snapped that day they charged her with aggravated assault but the prosecution reduce the charges to simple assault and reckless conduct (both misdemeanors) this was her first offense she was 21 at the time .She was given the first offender treatment which is a deferred adjudication and got 12 months probation and a fine ,they told her that all the charges would be dropped as long as she complete probation and stay out of trouble,and she did .I ran a background check on her not long ago and everything came back clean.Will Canada treat her deferred adjudication as a conviction? Legally here she can say when asked that she was never convicted of a crime.I have the court papers and it says on her discharge papers that she completed everything and was not to be treated as a convicted person.How should i handle this case ? And should i mention the arrest when the time comes ?I hope to have any feedback soon...Thank you for helping.
Anyone ?
 

BlueRobin

Full Member
Feb 25, 2010
46
3
Category........
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I think your wife was convicted and sentenced to a probation and fine. Then she has to declare "yes" to the question whether she was convicted of a crime. She needs to attach additional proof that probation is complete or any other extenuating/mitigating circumstances. You probably need a good lawyer.
 

hope2498

Newbie
Mar 28, 2011
6
0
BlueRobin said:
I think your wife was convicted and sentenced to a probation and fine. Then she has to declare "yes" to the question whether she was convicted of a crime. She needs to attach additional proof that probation is complete or any other extenuating/mitigating circumstances. You probably need a good lawyer.
[/quote

Thank you for replying..so you think that even though there is no record of conviction she would still be treated as convicted for the immigration processing ? Cause i know that there will be an arrest record but not a conviction .So there is no difference between them ? Cause someone told me that the arrest record should not be an issue as long as there was no conviction but i am not so sure that is why i posted in here to have more info from other members who might have gone through the same thing .