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pomo

Newbie
Jun 1, 2016
8
0
i need some serious advice. we are in Canada, applied last year, my wife is a Canadian citizen. I also got the OWP. Something has happened that could potentially make me inadmissibile, it has nothing to do with Canada but something from the past. It was a traffic offense but a criminal one (not DUI) I was acquitted but just found out that the Crown asked for an appeal. So as of now, the trial is still in process. As soon as I found out about the appeal, I sent a letter to CIC explaining what happened. I did online specific file inquiry. Now I'm just waiting to hear back. When we initially applied, we didn't think they will ask for an appeal. And in the application we did say that I was charged but acquitted.

I'm really worried about this and I talked to a lawyer who advised me that the chances are they will probably ask for more documents/info and to contact him as soon as we get the reply. I'm more worried that they will ask me to leave. Did anyone hear anything about a case like this? What happens if they ask me to leave? What can I do? My wife and daughter are here, I have a full time job.
 
oh yeah someone mentioned that we should do TRP, does anyone know anything about that?
 
You need to work as hard as you can to get the charges dropped. If you end up being convicted, that will make you inadmissible for five years and will mean your PR application will end with a refusal. If you are convicted, a TRP may allow you to remain in Canada even though you are inadmissible. However it's also possible the TRP may be refused. Either way, a conviction will have a very negative impact on your application so you need to do everything you can to avoid this being the outcome.
 
You need to really screw up to get tried under criminal law for driving related offences. Unless you got pulled over doing 150 in a 50 zone, or ran someone over because of distracted driving I don't think criminal charges will stick.
 
JetsFan said:
You need to really screw up to get tried under criminal law for driving related offences. Unless you got pulled over doing 150 in a 50 zone, or ran someone over because of distracted driving I don't think criminal charges will stick.
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You're misunderstanding. A DUI conviction is treated as a criminal charge in Canada regardless of how it's treated in the country where it took place. OP needs to get the charged dropped or to be found not guilty or to plead to a lesser (non DUI) driving offence to avoid impacting the PR application.
 
scylla said:
You're misunderstanding. A DUI conviction is treated as a criminal charge in Canada regardless of how it's treated in the country where it took place. OP needs to get the charged dropped or to be found not guilty or to plead to a lesser (non DUI) driving offence to avoid impacting the PR application.
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The OP stated that it was NOT a DUI.
 
Make sure you have all the court documents, police report ready, all the paper work that could support your case.

Good luck.
 
OUr lawyer tried getting the charges dropped but it's too late for that unless we go over statute of limitatons. As I was acquitted the first time, they have a right for the appeal. If I'm convicted, we have a right to appeal that and my lawyer says that we have a very big chance that charges will be dropped due to statue of limitations which is in 6 months, or if I get convicted and appeal, we still might win. Of course there are no guarantees.

Just to clarify it was not DUI, i had an accident and was charged with not giving assistance to people in the other car, which was not true, but they are lying and saying that I didn't. No one was even hurt so I just don't understand why this is happening to me.

Should I apply for TPR right away or wait for CIC to get back to me?
 
Wow! I had no idea that something like that would be an indictable offence, unless drugs, alcohol or excessive speed had been involved.
 
An at-fault accident where the driver fails to render aide to victims in the other vehicle...that weren't even injured, is a criminal offence?
 
yes, because after the accident I left. I should mention that I knew the person from the other car, so after the accident, he was being an idiot so I told him to call me when he wants to talk calmly. He ended up calling the police and claimed I never stopped. But that's besides the point, it's a criminal offence where I'm from and I believe it's considered a hybrid offence in Canada.
 
I keep on thinking we should apply for TRP right away. It might be our best shot until it all gets sorted out. I hope they get back to me soon.
 
pomo said:
I keep on thinking we should apply for TRP right away. It might be our best shot until it all gets sorted out. I hope they get back to me soon.
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There is no point in applying for a TRP right now, as you are not currently inadmissible. If the appeal is won and your conviction upheld, then you will be inadmissible and can apply for a TRP.
 
pomo said:
yes, because after the accident I left. I should mention that I knew the person from the other car, so after the accident, he was being an idiot so I told him to call me when he wants to talk calmly. He ended up calling the police and claimed I never stopped. But that's besides the point, it's a criminal offence where I'm from and I believe it's considered a hybrid offence in Canada.
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What exactly were you charged with? It sounds like, since you knew the occupant/driver in the other car, you may have been involved in some sort of pursuit and/or road rage, that ended in an accident. Were you charged with aggressive/careless driving? Were you charged with leaving the scene of an accident?
 
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