Canadian Citizen, USA Spouse - Some questions before submitting application

[codase42]

Hello all,

I originally posted in the USA to Canada forum, but Scylla recommended I post here, so this is a cross-post.

Here is my scenario:

My spouse is a Canadian Citizen. We married just over 9 years ago and have two kids. We've got a long-standing and well-proven relationship as far as CIC would be concerned. We currently live in the US and are applying to the Family Class (outland). Our kid's applications for citizenship certificates are going in the mail tomorrow, and we plan to send the PR paperwork on 10/16. I have some specific questions that I hope someone could provide feedback:

1. The first concern is an old (10+ years) DUI stop I have on my "rap sheet" from the FBI. I eventually pled down to Reckless Driving, but the initial DUI arrest is on the rap sheet. Given the age and the fact that I have been to Canada numerous times for work over the years with no issue, I don't anticipate this being a problem. Am I correct to assume this?
2. The second concern I have on the "rap sheet" is that there is a data error that erroneously states that my birthday is 1971 when it is actually 1977. It also says on one page that I was born in Mexico. The rap sheet's front page and all other documentation clearly state my accurate DOB and birth location, so it is clearly an error. Should I be concerned about this?
3. Our goal is to move up at some point in summer 2021. My wife is a teacher, so jobs will not start to come open for the next school year until well after we submit my PR application. This complicates our ability to show her ability to provide financial support. My current plan is to explain that she will be applying for jobs when the time comes and show internet history on her search process. Any thoughts on this approach? Other ideas?
4. How do others show proof to move there when the PR application is approved? We're moving to BC, and housing is tight, so we can't reasonably put down a deposit months in advance. Thoughts?
5. Finally, I have read mixed posts on whether I could move up there before my PR application is approved. Could we, in theory, plan to move up in May 2021 with the wife and kids driving across the border with our belongings and I travel separately (train or flight from Seattle) on a 6-month tourist visa? Our thought was we could get up there, get our life set up, and wait the rest of the time for the PR to be approved. If we go up in May 2021, October 2021 will be 6 months away and give enough time for the application process to work itself out. I will retain my US job working remotely with no need to travel across the border during this time period.

These are our only remaining questions before submitting. Thank you in advance for any help or direction anyone can provide.

 

[armoured]

You should get in touch with lawyers as soon as possible.

Reckless driving charges in USA often equate to a charge that makes one inadmissible to Canada. There are ways to deal with it. But it may not be a good idea to apply for PR status before you've looked into it.

Google eg reckless driving inadmissible to Canada or immigration etc.

And no, the fact you've been let in before doesn't mean all resolved.

 

[armoured]

Additional point - if you deal with matter above, you can also apply inland by visiting Canada when your spouse and kids move. But deal with your other issue the driving charge first.

And don't panic, just get informed first about the process to deal with it. I don't know much about that process, so get informed. And check carefully and shop around before shelling out large amounts.

 

[armoured]

Here is official government site on this issue. For what it's worth.

https://www.immigration.ca/entering-canada-impaired-driving-conviction

You can in theory apply yourself for the deemed rehabilitation, but I note there are parts if this I don't know at all. It should be possible to consult a lawyer and then apply yourself if you're comfortable. Lawyers may want a larger commitment and fee. Up to you how best to handle.

 

[codase42]

Thanks, Armoured. Based on what I have read and feedback received to this point, I am not as concerned about it as I once was. Given the length of time since it happened (12+ years) and that is the only thing on my record, I am willing to declare it and let them make a judgment call. I wasn't convicted on impaired driving - I was detained under suspicion but was only charged with reckless driving. If I get rejected, we'll take your suggestion and have the wife and kids move and we'll go the inland route. Thanks for the time in your responses!

 

[armoured]

Thanks, Armoured. Based on what I have read and feedback received to this point, I am not as concerned about it as I once was. Given the length of time since it happened (12+ years) and that is the only thing on my record, I am willing to declare it and let them make a judgment call. I wasn't convicted on impaired driving - I was detained under suspicion but was only charged with reckless driving. If I get rejected, we'll take your suggestion and have the wife and kids move and we'll go the inland route. Thanks for the time in your responses!

If they take that automatic route as part of your PR application, great. I'd personally think it worth checking with a lawyer, but up to you.

That article doesn't go into as much detail but reckless driving gets equated to a rather serious category in Canada.

And my apolgoies, the link I provided wasn't to a government site, my mistake.

 

[scylla]

Oh and an apology that link was NOT to a government site, seemed to me it was on phone.

I would look into it more carefully - it seems often the reckless driving is compared/linked to a more serious charge.

And regardless, I think the procedure as above is you need to apply specifically to have it 'deemed rehabilitated.' I don't believe it happens by just submitting your PR application and hoping it goes well.

You probably do have time but particularly right now this procedure may take a while. If you apply for spousal sponsorship, wait, discover it's rejected - that may be a year right now. Then to apply to have it deemed rehabilitated - another chunk of time.

And also keep in mind - unfortunate reality is that AFTER you apply and provide them this info, you likely will now be 'on the radar' as inadmissible (because you've provided them the proof that for whatever reason never came up before).

Again, don't mean to cause too much concern, but if not careful, you could end up with problems. Each of those is probably resolvable, but would throw off plans.

On the other hand, it would seem a pretty straightforward case for the deemed rehabilitated process - one conviction, lower charge, no others, more than ten years, etc.

But caveat, not an expert, up to you on how to proceed.

OP is most likely already deemed rehabilitated since there was only one offence and it occurred over 10 years ago.

Most likely no rehab application is required.

See deemed rehabilitated information below.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

[armoured]

OP is most likely already deemed rehabilitated since there was only one offence and it occurred over 10 years ago.

Most likely no rehab application is required.

See deemed rehabilitated information below.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Thanks. I actually removed that post as I'd missed that part of the regs, caught it afterwards.