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Background/Declaration Convicted but Pardoned

taffy7 said:
no he is from the U.k and it was a pot charge same as the op. It is just over 21 years now. All records are clear but i ordered court documents just incase.
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Unfortunately he won't be able to do a criminal rehabilitation application at a U.S. border crossing. The pot conviction makes him inadmissible to the U.S., where he would have to stay while the application was being processed.

Has CIC asked any questions about the conviction thus far?
 
bartjones said:
Unfortunately he won't be able to do a criminal rehabilitation application at a U.S. border crossing. The pot conviction makes him inadmissible to the U.S., where he would have to stay while the application was being processed.

Has CIC asked any questions about the conviction thus far?
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No ! but it has only just been sent to the VO. the conviction was not in the U.K. it was in NZ when he was there for a short visit. He holds a green card for the US. he lived there for many years before returning to the U.K.
 
taffy7 said:
No ! but it has only just been sent to the VO. the conviction was not in the U.K. it was in NZ when he was there for a short visit.
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Well the deemed rehabilitation provisions should apply to him, so you may not have to do anything. If I were you I would wait and see if CIC raises it as an issue before doing anything.


He holds a green card for the US. he lived there for many years before returning to the U.K.
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Not being any kind of expert in U.S. immigration law I'm assuming the green card would allow him to enter the U.S. notwithstanding the conviction. If you do have to apply and decide to do it at a U.S. border crossing, you may want to carry a copy of the documents surrounding his conviction when you return to the U.S. After you leave the CBSA office and they send you back to the States, they will give you a document to give to the U.S border officials showing that you did not actually enter Canada but merely submitted an application for Criminal Rehabilitation. That will undoubtedly prompt the U.S. border officials to inquire as to the nature of the criminal offence you are seeking to rehabilitate. Be prepared to show them the documents that prove it's a 21 year old pot possession conviction.
 
bartjones said:
Well the deemed rehabilitation provisions should apply to him, so you may not have to do anything. If I were you I would wait and see if CIC raises it as an issue before doing anything.


Not being any kind of expert in U.S. immigration law I'm assuming the green card would allow him to enter the U.S. notwithstanding the conviction. If you do have to apply and decide to do it at a U.S. border crossing, you may want to carry a copy of the documents surrounding his conviction when you return to the U.S. After you leave the CBSA office and they send you back to the States, they will give you a document to give to the U.S border officials showing that you did not actually enter Canada but merely submitted an application for Criminal Rehabilitation. That will undoubtedly prompt the U.S. border officials to inquire as to the nature of the criminal offence you are seeking to rehabilitate. Be prepared to show them the documents that prove it's a 21 year old pot possession conviction.
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Yes thats exactly what we are going to do. Just wait and see if they require the documents . I have all the proof it was 21 years and 8 months ago. Thanks for you reassurance again . When this is all over i will pay forward my information to other forum members.
 
Hi same concerns here..my common law had a pardoned 7 years ago ..but we had a family dispute leads to court thing..convicted of resisting arrest and paid couples of dollar and he wasn't put to jail..but because of the conviction his pardoned was denied now..all case when he was on his younger years went back...and we have a 10 month old baby..do u think CIC will make it a big deal..please enlighten me about this cause stressing me too much....thanks
 
Ressie Timbang said:
Hi same concerns here..my common law had a pardoned 7 years ago ..but we had a family dispute leads to court thing..convicted of resisting arrest and paid couples of dollar and he wasn't put to jail..but because of the conviction his pardoned was denied now..all case when he was on his younger years went back...and we have a 10 month old baby..do u think CIC will make it a big deal..please enlighten me about this cause stressing me too much....thanks
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I'm having a little trouble understanding your post. Can you tell us when and where he was convicted and when he completed his sentence?
 
Before I met him..he had a pardoned and we started dating 2010 and now we have a baby....but because we had family dispute in 2012..and was convicted of resisting arrest in April 2013. He didn't go to jail for that instead he paid a couple of hundred dollars..BUt his pardoned from Ottawa before was invalid now...meaning all cases from before went back to him on his record.. that worries him so much about my papers...any feedback for this please....
 
He was convicted here in Canada and he his a Canadian...would that be a big issue for my papers...soo stress about this matter...thanks
 
Ressie Timbang said:
He was convicted here in Canada and he his a Canadian...would that be a big issue for my papers...soo stress about this matter...thanks
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So he is sponsoring you?
 
I will file my PR for FSW but declaring him on my paper as my common law partner...I need some advise please..cause I guess running time for I'm on my 4 years cap in April 2015 and I'm skilled worker... :(
 
He is Canadian, he is not sponsoring you, you are applying on your own , his arrest and criminal background does not affect your application.
 
Even IF i will put him on my paper as my common law..to change my status..?...cause we are declared as CLP in CRA...and my employer will sponsor me under FSW arrange employment..thanks.
 
I believe my answer was clear, you are the applicant , he is not.
His criminal background does not affect your apllication. They will investigate you, not him.
 
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