OUT OF STATUS WITH CRIMINAL RECORD OUTSIDE OF CANADA.

[TIREDOFITALL]

MY HUSBAND HAS A CRIMINAL RECORD IN THE US AND WE WERE TOLD HE WILL NOT BE ELIGIBLE FOR PERMANENT RESIDENCY EVEN IF IM APPROVED TO SPONSOR HIM. ALSO I WAS TOLD BECAUSE HE IS OUT OF STATUS GTEC MAY HAVE HIM ON THE ENFORCEMENT LIST AND WE MAY NOT EVEN KNOW. THE LAWYER SAID THAT IF HIS NAME IS ONN THE GTEC LIST AND WE APPLY FOR SPOUSAL SPONSORSHIP IT WILL AUTOMATICALLY BE DENIED AND HE WILL NEED TO START OVER. SHE DID NOT SPECIFY IF HE WOULD THEN HAVE TO LEAVE THE COUNTRY IMMEDIATELY AND APPLY ABROAD OR IF HE CAN STAY HERE AND APPLY HERE. I WAS WONDERING IF I CAN AVOID LOSING THE MONEY IM PAYING THE LAWYER AND APPLY FOR A MINISTERS PERMIT FIRST AND THEN PROCEED WITH THE APPLICATION?

 

[scylla]

You'll have to provide us with more information about the criminal record in order for any of us to comment.

What was the nature of the crime? When did the crime take place? What sentence was your husband given and when did he finish serving it?

 

[rjessome]

If he's with you in Canada, apply inland to sponsor him and apply for TRP at the same time. Use Humanitarian and Compassionate grounds in your spousal application.

Your lawyer is right that it will likely be refused but the TRP may be approved and applying inland may prevent enforcement of the removal order. Not enough detail to be sure.

 

[TIREDOFITALL]

He has a felony equivalent to an indictable offence, his sentence was served and probation will be completed in spring of 2012. :-[

 

[rjessome]

Well, he's definitely inadmissible. And how is he serving his probation if he's in Canada? The terms allow him to leave the country? You definitely need a lawyer, one with experience in criminal inadmissibility cases.

 

[TIREDOFITALL]

He was deported from the US after serving the jail sentence in full.However he did was not able to do his probation nor pay the fine imposed. He was taken into immigration detention like 5 months after being released from jail and subsequently sent back to his home country a couple of months after detention. So stressed out.