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Am I criminally ineligible for Express Entry?

Debdey1987

Newbie
Jun 15, 2017
7
2
Hi All,

I have the same issue as NovaProspekt. I was stopped at the Chicago port of entry back in April 2013 because they could not establish an employer-employee relationship. Actually I was working for a consultancy in the US whose client was in Minnesota. These consultancies add untrue experience on one's resume and then market it. That is how I got the job. I was completely unaware that this could be any kind of criminal offence. I was fresh out of University and I was a scholar student. But since I needed to find a job within 60 days to retain my OPT visa, I took their offer. Many students go the same path.
Now, this consultancy also had applied for my H1B.
I had come to India to visit my parents and was on my way back to Minnesota where my client was and where I used to work. This is where I was asked a barrage of questions at the immigration and they took me in. What is not on the records is that the officer told me "Because of Indian programmers like you we Indians dont get a job". I was honest with him about the entire hiring process of the consultancy and he probably took some sort of mercy and did not deport me but asked me to sign "Withdrawal of Application to Admission", meaning I am going back on my own to my home country.
I returned home and ever since then, I have honestly and solely based on my own competency, climbed the ladder of success. I have been nothing but an honest citizen. Last year I applied to get into the Express Entry pool. I received my ITA on April 19th this year. Today I got my FBI PCC and the 1 charge is reflecting on the same. Now I am extremely worried and paranoid. Am I inadmissible to Canada now? Will I be banned? Someone please help with their experience.
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
642
Hi All,

I have the same issue as NovaProspekt. I was stopped at the Chicago port of entry back in April 2013 because they could not establish an employer-employee relationship. Actually I was working for a consultancy in the US whose client was in Minnesota. These consultancies add untrue experience on one's resume and then market it. That is how I got the job. I was completely unaware that this could be any kind of criminal offence. I was fresh out of University and I was a scholar student. But since I needed to find a job within 60 days to retain my OPT visa, I took their offer. Many students go the same path.
Now, this consultancy also had applied for my H1B.
I had come to India to visit my parents and was on my way back to Minnesota where my client was and where I used to work. This is where I was asked a barrage of questions at the immigration and they took me in. What is not on the records is that the officer told me "Because of Indian programmers like you we Indians dont get a job". I was honest with him about the entire hiring process of the consultancy and he probably took some sort of mercy and did not deport me but asked me to sign "Withdrawal of Application to Admission", meaning I am going back on my own to my home country.
I returned home and ever since then, I have honestly and solely based on my own competency, climbed the ladder of success. I have been nothing but an honest citizen. Last year I applied to get into the Express Entry pool. I received my ITA on April 19th this year. Today I got my FBI PCC and the 1 charge is reflecting on the same. Now I am extremely worried and paranoid. Am I inadmissible to Canada now? Will I be banned? Someone please help with their experience.
You definitely need to take a Canadian attorney's opinion on this. Pay and do that before submitting your documents. What ever offense was committed is applied against Canadian laws and then inadmissibility is determined.

Did they screen your email and verify your resume during interrogation?
 

Debdey1987

Newbie
Jun 15, 2017
7
2
You definitely need to take a Canadian attorney's opinion on this. Pay and do that before submitting your documents. What ever offense was committed is applied against Canadian laws and then inadmissibility is determined.

Did they screen your email and verify your resume during interrogation?
They did verify my resume at that time.
I am going through a consultant right now for my PR application and they are a reputed one. I have contacted them and they seem to be positive that an explanation would satisfy and they will come back to me after escalating the matter to a Canadian attorney. As far as documents of explanation are concerned, I just have the cancelled visa page, a transcript of the interrogation and the letter which says I am going back by my own self. If this thing goes wrong then I know I am screwed for life for a silly reason and may not be able to visit any other country in the whole world. :( :'(
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
642
They did verify my resume at that time.
I am going through a consultant right now for my PR application and they are a reputed one. I have contacted them and they seem to be positive that an explanation would satisfy and they will come back to me after escalating the matter to a Canadian attorney. As far as documents of explanation are concerned, I just have the cancelled visa page, a transcript of the interrogation and the letter which says I am going back by my own self. If this thing goes wrong then I know I am screwed for life for a silly reason and may not be able to visit any other country in the whole world. :( :'(
I too feel you should be okay with a correct explanation. You could just pass this on your then employer.
 

summerxx

Hero Member
Jun 12, 2016
439
131
They did verify my resume at that time.
I am going through a consultant right now for my PR application and they are a reputed one. I have contacted them and they seem to be positive that an explanation would satisfy and they will come back to me after escalating the matter to a Canadian attorney. As far as documents of explanation are concerned, I just have the cancelled visa page, a transcript of the interrogation and the letter which says I am going back by my own self. If this thing goes wrong then I know I am screwed for life for a silly reason and may not be able to visit any other country in the whole world. :( :'(
It looks like the original author of this post has got his PR approved, so I guess you should be optimistic.
 

saik2748

Newbie
Sep 20, 2017
5
0
They did verify my resume at that time.
I am going through a consultant right now for my PR application and they are a reputed one. I have contacted them and they seem to be positive that an explanation would satisfy and they will come back to me after escalating the matter to a Canadian attorney. As far as documents of explanation are concerned, I just have the cancelled visa page, a transcript of the interrogation and the letter which says I am going back by my own self. If this thing goes wrong then I know I am screwed for life for a silly reason and may not be able to visit any other country in the whole world. :( :'(
Hi @Debdey1987 I was wondering what happened in your case. I'm in a similar situation. I'd like to know what was the V.O's response in your case and how your consultant handled it. Your response would be much appreciated.
 

Debdey1987

Newbie
Jun 15, 2017
7
2
Hi @Debdey1987 I was wondering what happened in your case. I'm in a similar situation. I'd like to know what was the V.O's response in your case and how your consultant handled it. Your response would be much appreciated.
Unfortunately, I am still stuck at IP 1 since July 13. No movement yet. I am worried but I am just pacifying myself by saying "No news is good news". Also, there were no ADR requests. It's just at a standstill. I am thinking of calling them up but I need a number to do so. I had initially expected the PPR to arrive latest by November but now I am losing hope. :( Also, to answer your question, how we handled it was by coming out clean and providing all the required documents as well as a LOE outlining the details of the circumstances. Never heard from any V.O.
 
Last edited:

bm123

Full Member
Aug 19, 2012
20
3
Unfortunately, I am still stuck at IP 1 since July 13. No movement yet. I am worried but I am just pacifying myself by saying "No news is good news". Also, there were no ADR requests. It's just at a standstill. I am thinking of calling them up but I need a number to do so. I had initially expected the PPR to arrive latest by November but now I am losing hope. :( Also, to answer your question, how we handled it was by coming out clean and providing all the required documents as well as a LOE outlining the details of the circumstances. Never heard from any V.O.
HiDebdey,

Just wondering if your application finally moved? I am in IP1 since last last 30 days, and that happened because I got an ADR for PCC whihc I submitted in 8 days. I wish you get PR soon if not already got.
 

Debdey1987

Newbie
Jun 15, 2017
7
2
HiDebdey,

Just wondering if your application finally moved? I am in IP1 since last last 30 days, and that happened because I got an ADR for PCC whihc I submitted in 8 days. I wish you get PR soon if not already got.
Finally! I received my PPR on November 16, that last week. There was no movement on the application from IP1. Directly the mail landed in my inbox.
 

sam doudi

Full Member
Sep 14, 2017
31
3
They did verify my resume at that time.
I am going through a consultant right now for my PR application and they are a reputed one. I have contacted them and they seem to be positive that an explanation would satisfy and they will come back to me after escalating the matter to a Canadian attorney. As far as documents of explanation are concerned, I just have the cancelled visa page, a transcript of the interrogation and the letter which says I am going back by my own self. If this thing goes wrong then I know I am screwed for life for a silly reason and may not be able to visit any other country in the whole world. :( :'(
Hello
I was in ny for 6 months and worked in restaurant for two months when i wanted to comebavk to usa an officer in miami airport interogated me and told him the truth and was banned for 5 years now i received my ita and pcc and showed this
Pcc ( a search of the fingerprints provided by this individual has revealed priot arrest data at the fbo. This does not precludr further criminal history at the stage or local level).and in another section (arrested or received on... by agency cbp miami intl ap miami"charge 1-alien inadmissibility under section 212) is that will be a problem??
 

glrcapt

Full Member
Apr 17, 2018
27
21
Category........
FSW
Visa Office......
Ankara
AOR Received.
04-09-2018
Med's Done....
27-10-2018
Passport Req..
24-11-2018
VISA ISSUED...
06-12-2018
Hello
I was in ny for 6 months and worked in restaurant for two months when i wanted to comebavk to usa an officer in miami airport interogated me and told him the truth and was banned for 5 years now i received my ita and pcc and showed this
Pcc ( a search of the fingerprints provided by this individual has revealed priot arrest data at the fbo. This does not precludr further criminal history at the stage or local level).and in another section (arrested or received on... by agency cbp miami intl ap miami"charge 1-alien inadmissibility under section 212) is that will be a problem??
Hello Sam,

I have the same situation here. Just recieved my pcc and really worried about situation. Are there updates on yours?
 

sam doudi

Full Member
Sep 14, 2017
31
3
Hello Sam,

I have the same situation here. Just recieved my pcc and really worried about situation. Are there updates on yours?
Not yet still waiting its has been almost 7 months sînce my aor still stuck in eligibility as my consultant made a lot of mistakes i received 3 adr (two bc of the incomptence of my consultant)
 

LifeDreamer

Hero Member
Feb 14, 2018
499
122
@Debdey1987 @saik2748 @glrcapt @sam doudi

Those charges (or violations to be more exact) appear on your FBI summary check because NCIC database contains a file on immigration violations in addition to criminal charges. This file is used by different U.S. agencies to identify suspects who were previously deported and are illegally present in the U.S. and to identify inadmissible aliens who may attempt to re-enter the U.S. under a different alias. They appear on FBI summary check because that document is intended to reveal any record retained in FBI's databases that is linked to your fingerprint or bio, such data doesn't necessarily mean it is criminal data.

Again, to reiterate, these are not criminal charges there are no court filings or prosecution involved for them. However they are still serious violations of U.S. immigration law that permanently bar you from you entering the U.S. unless a waiver is obtained in advance.