Hi all,
Im very very sad, i feel terrible... please i need your advice
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I submitted my application to the Canadian Permanent Residence in September 2018 with an unaccompanied spouse (Im ontario nominee). i have prepared my application since 2 years.
My husband had lived in USA (1993-2010). He became a us citizen in 2011. he is living today in tunisia with me and his parents. he choose to continue living there.
Unfortunately his FBI record include arrestations during his stay in California. He had a spousal dispute with his ex spouse and was convicted of spousal violence in 2003. This had repercussions on his immigration status in 2004 and a deportation procedure was launched against him. But the immigration judge has announced an order to stop this procedure since this sentence can not be included in the category of crimes of domestic violence.
In March 2019, I had an ADR asking for judgments of the court, I submitted the judgment of the immigration court (7 pages) where everything is described and also the judgment of the court of san diego where' s written "Case Dissmissed".
Yesterday ,i received a lettre from paris immigration saying that I risk a refusal and they have relied on an immigration court judgment paragraph where the incident is described and that my husband was convicted of battery of conjugal violence in violation of Section 243 (e) (1) of the California Penal Code. But also in the document the judge order to stop proceeding because "the court has determined that the violation of 242-243 article is not a crime of violence, the respondent's conviction is not a conviction for domestic violence under section 237 (a) (2) (E)(i) of the Act"
i join this court document expecting that they can understand how this conviction wasn't be considered a s a violence crime (no corporal injury) and no prison, just a probation with counsselling classes. and also with explaining letter with all circumstances and how it was happening especially that his ex spouse is with him.
the incident date since 2003 (more than 15 years ).
my husband never think about sponsorship).he choose living in our country.
They give me 60 days for additional docs and I feel sad because it's my dream and my life project since a long time.
Thank you a lot for your help and your assistance.
Im very very sad, i feel terrible... please i need your advice
(I submitted my application to the Canadian Permanent Residence in September 2018 with an unaccompanied spouse (Im ontario nominee). i have prepared my application since 2 years.
My husband had lived in USA (1993-2010). He became a us citizen in 2011. he is living today in tunisia with me and his parents. he choose to continue living there.
Unfortunately his FBI record include arrestations during his stay in California. He had a spousal dispute with his ex spouse and was convicted of spousal violence in 2003. This had repercussions on his immigration status in 2004 and a deportation procedure was launched against him. But the immigration judge has announced an order to stop this procedure since this sentence can not be included in the category of crimes of domestic violence.
In March 2019, I had an ADR asking for judgments of the court, I submitted the judgment of the immigration court (7 pages) where everything is described and also the judgment of the court of san diego where' s written "Case Dissmissed".
Yesterday ,i received a lettre from paris immigration saying that I risk a refusal and they have relied on an immigration court judgment paragraph where the incident is described and that my husband was convicted of battery of conjugal violence in violation of Section 243 (e) (1) of the California Penal Code. But also in the document the judge order to stop proceeding because "the court has determined that the violation of 242-243 article is not a crime of violence, the respondent's conviction is not a conviction for domestic violence under section 237 (a) (2) (E)(i) of the Act"
i join this court document expecting that they can understand how this conviction wasn't be considered a s a violence crime (no corporal injury) and no prison, just a probation with counsselling classes. and also with explaining letter with all circumstances and how it was happening especially that his ex spouse is with him.
the incident date since 2003 (more than 15 years ).
my husband never think about sponsorship).he choose living in our country.
They give me 60 days for additional docs and I feel sad because it's my dream and my life project since a long time.
Thank you a lot for your help and your assistance.