5 year ban in USA

[anumahesh]

Hello fellow members need your advice

My husband had B1B2 visa & had visited USA twice. On his third visit he has deported from the airport stating that he is going to work in USA. He has a 5 year ban too

Now his FBI PCC report says that

"A search of the fingerprint provided by this individual has revealed prior arrest data at the FBI . This does not preclude further criminal history at the state or local level."

I would like to know whether this will create any issue in our migration application . We haven't submitted our application yet ( received ita on May 17) & we are not hiding anything from cic as will Mention everything in the application. Please advice. I am very much worried.

 

[andyding13]

Does the PCC also provide details regarding the arrest? For example, charges and final disposition?

 

[DEEPCUR]

I believe cic generally checks what you did outside Canadian soil against Canadian criminal code to determine criminal inadmissibility. I strongly feel that you need to consult a good lawyer and take his opinion before submitting the application.

 

[andyding13]

I agree with DEEPCUR. It is very important to know what he was charged, and find the corresponding charge in the Canadian criminal code. If the charge is an indictable offense, he will not be admissible to Canada for at least 5 years. After 5 years, he may apply for rehabilitation, and if granted, will overcome inadmissibility.

I think this is very complicated, and unless you are ready to devote substantial amount of time and energy on this, I suggest you consult a lawyer.

 

[anumahesh]

Does the PCC also provide details regarding the arrest? For example, charges and final disposition?

Yes it also mentions

Arrest/received

Agency : CBP Jamaica , JFK airport NY

Charge : alien inadmisibilitty under section 212

 

[anumahesh]

I believe cic generally checks what you did outside Canadian soil against Canadian criminal code to determine criminal inadmissibility. I strongly feel that you need to consult a good lawyer and take his opinion before submitting the application.

Thank you Deepcur. Will consult a lawyer before proceeding with application