Canadian PR for felons

[immigration_help1]

Hi,

I need consultation regarding Canadian immigration. Let me summarize my story.

I completed my Masters in USA and was working on Work/OPT visa, but entrapped in certain case related to sex (in 2013) and was plead guilty for a felony with 3 years probation, I spend ~ 70 days in county jail, then was detained in Immigration & Customs facility and Immigration Judge gave me "voluntary departure" under safeguards, so "not deported".

Since, I was under US law enforcement agencies and they left me back at my home country, so I never came out alone in USA and thatswhy I didn't report to probation. Hence, no rehabilitation part done.

However, from my release, I am continuously doing Full time Job as an Engineer and have never been into any trouble. As well, I completed technical courses.

Am I eligible for Canada Immigration in this case? How much chances are there for my immigration?

Thanks

 

[zardoz]

Hi,

I need consultation regarding Canadian immigration. Let me summarize my story.

I completed my Masters in USA and was working on Work/OPT visa, but entrapped in certain case related to sex (in 2013) and was plead guilty for a felony with 3 years probation, I spend ~ 70 days in county jail, then was detained in Immigration & Customs facility and Immigration Judge gave me "voluntary departure" under safeguards, so "not deported".

Since, I was under US law enforcement agencies and they left me back at my home country, so I never came out alone in USA and thatswhy I didn't report to probation. Hence, no rehabilitation part done.

However, from my release, I am continuously doing Full time Job as an Engineer and have never been into any trouble. As well, I completed technical courses.

Am I eligible for Canada Immigration in this case? How much chances are there for my immigration?

Thanks

At the current time, you probably have very little chance of being admissible to Canada. However, you would need to state exactly what your conviction was and exactly what your sentence was, including incomplete probation.

 

[immigration_help1]

Hi,

Thanks for the quick response.

Mine charge was conviction of California PC 288.3(a) felony, 200 days County jail time with 3 years of probation. But, I didn't report to probation, since I was sent back to my home.

Thanks.

 

[scylla]

Hi,

Thanks for the quick response.

Mine charge was conviction of California PC 288.3(a) felony, 200 days County jail time with 3 years of probation. But, I didn't report to probation, since I was sent back to my home.

Thanks.

The short answer is that you do not qualify to apply to immigrate at this time since you are currently inadmissible to Canada. If you want to apply to immigrate in the future - there's steps you need to take to make that possible.

I would recommend you speak with a lawyer. It's a bit difficult to assess how CIC will treat your case since you never completed the probation portion of your sentence. They may treat your deportation date as the day you complete any penalties related to your sentence - or the fact you never officially completed probation could end up being an issue. Again, this is really a matter for an experience immigration lawyer.

At a minimum, you will have to apply for rehabilitation and rehabilitation will need to be approved before you can consider applying for anything else to Canada. So at this point it's too early to be thinking about applying to immigrate since you are inadmissible to Canada as a result of your crime - you have to apply for rehab first. You won't be able to apply for rehabilitation until five years have passed since you complete all penalties / sentences related to your crime. Normally this would be five years from the date you complete probation. But hard to tell in your case. Rehabilitation can take anywhere from a few months to a couple of years to process.

 

[immigration_help1]

The short answer is that you do not qualify to apply to immigrate at this time since you are currently inadmissible to Canada. If you want to apply to immigrate in the future - there's steps you need to take to make that possible.

I would recommend you speak with a lawyer. It's a bit difficult to assess how CIC will treat your case since you never completed the probation portion of your sentence. They may treat your deportation date as the day you complete any penalties related to your sentence - or the fact you never officially completed probation could end up being an issue. Again, this is really a matter for an experience immigration lawyer.

At a minimum, you will have to apply for rehabilitation and rehabilitation will need to be approved before you can consider applying for anything else to Canada. So at this point it's too early to be thinking about applying to immigrate since you are inadmissible to Canada as a result of your crime - you have to apply for rehab first. You won't be able to apply for rehabilitation until five years have passed since you complete all penalties / sentences related to your crime. Normally this would be five years from the date you complete probation. But hard to tell in your case. Rehabilitation can take anywhere from a few months to a couple of years to process.

Many Thanks Scylla. I also believe to wait for five years and then look for immigration. In the mean time, can you recommend me any good immigration lawyer ( mail: immigration_ help at out l00k . c0m )

Thanks.

 

[scylla]

Many Thanks Scylla. I also believe to wait for five years and then look for immigration. In the mean time, can you recommend me any good immigration lawyer ( mail: immigration_ help at out l00k . c0m )

Thanks.

I don't know of any immigration lawyers and have never worked with one. However this forum is paid for by an immigration lawyer.

 

[Rob_TO]

Hi,

I need consultation regarding Canadian immigration. Let me summarize my story.

I completed my Masters in USA and was working on Work/OPT visa, but entrapped in certain case related to sex (in 2013) and was plead guilty for a felony with 3 years probation, I spend ~ 70 days in county jail, then was detained in Immigration & Customs facility and Immigration Judge gave me "voluntary departure" under safeguards, so "not deported".

Since, I was under US law enforcement agencies and they left me back at my home country, so I never came out alone in USA and thatswhy I didn't report to probation. Hence, no rehabilitation part done.

However, from my release, I am continuously doing Full time Job as an Engineer and have never been into any trouble. As well, I completed technical courses.

Am I eligible for Canada Immigration in this case? How much chances are there for my immigration?

Thanks

If IRCC sees 3 years of probation was tied to your conviction in 2013, then they may start the clock in 2016 regardless of actual probably not being done since you left the country. This means it may be 2021 at the earliest before you would qualify to even attempt a rehabilitation application. You really need to see what your criminal record currently looks like in USA/California, since if they have it on record you never completed probation your file may still be "open" as not completed, which would mean the 5 year clock hasn't even started yet.

As mentioned though, you need to hire a Canadian immigration lawyer since this is complex.

 

[LifeDreamer]

I think there is a suspended portion to your sentence? If not, then there are alternative options besides Canada you can look into countries like Australia where you are still eligible because of your short sentence.

 

[immigration_help1]

I think there is a suspended portion to your sentence? If not, then there are alternative options besides Canada you can look into countries like Australia where you are still eligible because of your short sentence.

Are you sure, will it not be problem in Australia. Can you share link.information please.

 

[LifeDreamer]

https://www.homeaffairs.gov.au/lega/lega/form/immi-faqs/what-is-a-substantial-criminal-record

Some European countries are more liberal in this regard with a few such as France or Sweden that don’t require disclosure. You can even travel back to the US again sometime down the road in your life if 15 years have passed since your arrest and that was your only incident. Canada is very strict and you undoubtedly have to wait for a very long time before you can apply for anything, but you can speed this a bit by filing a motion to end your probation early at the court where you were sentenced.

However regarding your offense I have looked into the Canadian criminal code and found that the age is a factor there you may still be admissible if there is no equivalency however I need to know the details of your case to give you an exact answer.

 

[scylla]

https://www.homeaffairs.gov.au/lega/lega/form/immi-faqs/what-is-a-substantial-criminal-record

Some European countries are more liberal in this regard with a few such as France or Sweden that don’t require disclosure. You can even travel back to the US again sometime down the road in your life if 15 years have passed since your arrest and that was your only incident. Canada is very strict and you undoubtedly have to wait for a very long time before you can apply for anything, but you can speed this a bit by filing a motion to end your probation early at the court where you were sentenced.

However regarding your offense I have looked into the Canadian criminal code and found that the age is a factor there you may still be admissible if there is no equivalency however I need to know the details of your case to give you an exact answer.

To the best of my knowledge, a felony (moral turpitude) is a lifetime ban in the US.

 

[scylla]

More on the US lifetime ban... Waiver would be needed to re-enter the US. Typically this requires you to prove extreme hardship (and this requires you to have someone like spouse in the US who is petitioning you for a green ard).

https://dyanwilliamslaw.com/tag/crime-involving-moral-turpitude/

There are entire sections of US immigration forums dedicated to lifetime bans as a result of CIMTs (crimes involving moral turpitude).

 

[immigration_help1]

Thanks SCYLLA and LIFEDREAMER for your response.

I was entrapped by a cop in an internet chat, where he pretends himself as minor of 15 years. However, I didn't report to probation, as I was in detention of immigration, so Criminal court Judge ordered Bench Warrant against me. And, I tried a lot to remove that warrant, but they said you have to appear in person, since its a felony.

However, Immigration Judge, gave me "Voluntarily Departure (under safeguard)", because crime was not of moral turpitude.

Any advise?

Thanks.

 

[scylla]

Thanks SCYLLA and LIFEDREAMER for your response.

I was entrapped by a cop in an internet chat, where he pretends himself as minor of 15 years. However, I didn't report to probation, as I was in detention of immigration, so Criminal court Judge ordered Bench Warrant against me. And, I tried a lot to remove that warrant, but they said you have to appear in person, since its a felony.

However, Immigration Judge, gave me "Voluntarily Departure (under safeguard)", because crime was not of moral turpitude.

Any advise?

Thanks.

I thought the US classified all felonies as CIMTs.

If you're looking to return to the US, your questions would be best posted to a US immigration forum. I would recommend this one: https://immigrate2us.net/forum/forum.php

If you're looking to come to Canada, you'll need to start by applying for rehabilitation.

 

[LifeDreamer]

It is a lifetime ban that’s why there is a waiver for it. Entry to the U.S. becomes a matter of discretion at this point and no longer a right if all conditions are met.

For crime of moral turpitude, the waiver can be applied for if one has family in the US with hardship or if 15 years have passed.