American Citizen currently applying for criminal rehabilitation, and my girlfriend just got pregnant

[nr16]

Hey there,

About 3 weeks ago I found out my girlfriend was 4 weeks pregnant. I have applied for criminal rehabilitation about 4 weeks ago, but have yet to receive a confirmation email from them. My charge is relatively minor, resisting arrest from when I was 19 (27 now) when I was drunk and ran from police in Arizona.
To complicate things further my girlfriend is still technically married to her previous spouse, even though they are separated, and will be fully divorced in March. She had to sponsor him thus cannot sponsor me till 3 years down the line. Does me being the father of a Canadian citizen change this at all?

My other questions are: Should I inform the consulate of this development? And more spoecifically what can I do to be with her in Canada through this trying time? I want to be there to support her through her check ups, her emotinal swings, and everything that is involved with a pregnacy. I am proud to be the father. With it stating it takes 6 to 9 months for processing, I will basically miss everything leading up to the actual pregnancy. Is this a valid reason for a TRP to be authorized do you think? I know it is at the discretion of the agent, but I feel that this is important for a father to be a part of.

Thank you,
NR16

 

[scylla]

Hey there,

About 3 weeks ago I found out my girlfriend was 4 weeks pregnant. I have applied for criminal rehabilitation about 4 weeks ago, but have yet to receive a confirmation email from them. My charge is relatively minor, resisting arrest from when I was 19 (27 now) when I was drunk and ran from police in Arizona.
To complicate things further my girlfriend is still technically married to her previous spouse, even though they are separated, and will be fully divorced in March. She had to sponsor him thus cannot sponsor me till 3 years down the line. Does me being the father of a Canadian citizen change this at all?

My other questions are: Should I inform the consulate of this development? And more spoecifically what can I do to be with her in Canada through this trying time? I want to be there to support her through her check ups, her emotinal swings, and everything that is involved with a pregnacy. I am proud to be the father. With it stating it takes 6 to 9 months for processing, I will basically miss everything leading up to the actual pregnancy. Is this a valid reason for a TRP to be authorized do you think? I know it is at the discretion of the agent, but I feel that this is important for a father to be a part of.

Thank you,
NR16

If she sponsored her former spouse, then you are right - she unfortunately cannot sponsor you for three years from the date her ex landed and became a permanent resident. There are no exceptions. The fact she is pregnant changes nothing - having a Canadian citizen child changes nothing. How long ago did her ex land and become a PR?

Rehab applications take a very long time to process when mailed in. If you live near a border, very strongly recommend you create another application package and drop it off right at the border. This seems to allow for much faster processing for Americans and you could have the inadmissibility lifted in as little as a few weeks. That's the first thing I would do in your shoes given how minor your criminal charge is (and the fact it was a long time ago).

Once you address the admissibility issue, you can certainly visit Canada but cannot live here. While you wait for her to be able to sponsor you, you could look into going back to school full time if you can afford it - that would allow you to apply for a study permit and live here. If you are in a profession that falls under NAFTA, you could also try to find a job here and go the work permit route. If your occupation falls under NAFTA, the employer doesn't have to obtain an approved LMIA which makes finding a job easier. If your occupation isn't on the NAFTA list, the work permit route will most likely not be possible.

 

[nr16]

If she sponsored her former spouse, then you are right - she unfortunately cannot sponsor you for three years from the date her ex landed and became a permanent resident. There are no exceptions. The fact she is pregnant changes nothing - having a Canadian citizen child changes nothing. How long ago did her ex land and become a PR?

Rehab applications take a very long time to process when mailed in. If you live near a border, very strongly recommend you create another application package and drop it off right at the border. This seems to allow for much faster processing for Americans and you could have the inadmissibility lifted in as little as a few weeks. That's the first thing I would do in your shoes given how minor your criminal charge is (and the fact it was a long time ago).

Once you address the admissibility issue, you can certainly visit Canada but cannot live here. While you wait for her to be able to sponsor you, you could look into going back to school full time if you can afford it - that would allow you to apply for a study permit and live here. If you are in a profession that falls under NAFTA, you could also try to find a job here and go the work permit route. If your occupation falls under NAFTA, the employer doesn't have to obtain an approved LMIA which makes finding a job easier. If your occupation isn't on the NAFTA list, the work permit route will most likely not be possible.

Thank you for your timely and informative reply! I am not 100% when he landed and became a PR, but do know it is at least 2 years ago. I do actually live 25 minutes from a border crossing! The agent there said it would be faster to send it to the consolate...was he just saying that to make their workload lighter? Once again thank you!

 

[Criminalman]

Thank you for your timely and informative reply! I am not 100% when he landed and became a PR, but do know it is at least 2 years ago. I do actually live 25 minutes from a border crossing! The agent there said it would be faster to send it to the consolate...was he just saying that to make their workload lighter? Once again thank you!

I tried mine at the border as well. They denied me because my charges are considered serious criminality. She said to mail it to new York consulate. And the consulate no doubt will take 6months-1.5 years