CRIMINAL REHABILITATION and PERMANENT RESIDENCE APPLICATIONS

[VatoQChopeful]

Hey everybody!
I have a question and hopefully somebody here will have an answer!

I am a US citizen and my husband is a Canadian citizen. We were married March 2015. I'm currently living in the US and he is in Canada. We are planning on applying for PR through spousal sponsorship. Here is the problem.... In August of 2008 I was arrested for DUI. This is my first and only criminal offense. I completed my sentence of 1 year driving restriction, VASAP class, and fines August of 2009. I know that I have to apply for criminal rehabilitation but my question is this - Should I apply for Criminal Rehabilitation first or can I submit the criminal rehabilitation application WITH my application for PR? I have read that you can apply for TRP and Criminal Rehab at the same time, but haven't found anything about PR and Criminal Rehab. Would the application process be any faster to apply together or separately?Any information or suggestions would be greatly appreciate!

Thanks in advance

 

[JGK]

If you check here http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp it states

"If you are applying for criminal rehabilitation along with your temporary resident (visitor visa, study permit or work permit) application, you can submit everything together and apply at the nearest Visa Application Centre."

 

[VatoQChopeful]

"If you are applying for criminal rehabilitation along with your temporary resident (visitor visa, study permit or work permit) application, you can submit everything together and apply at the nearest Visa Application Centre."

Yeah, I read that. I would be applying for permanent residence, not a temporary residence permit. Since they are a little bit different and have a different application process I'm not sure if I can submit everything the same way; if that makes sense.

 

[taffy7]

You need to apply for criminal rehabilitation first , then you can attach that to your application.

 

[screwed]

Totally incorrect. You have to do it together or the rehab will bounce on its own dui is a serious charge so u may be ask to pay the full $1000 with apllication along with all supporting documents as to why you feel u won't do it again

 

[Lammawitch]

Totally incorrect. You have to do it together or the rehab will bounce on its own dui is a serious charge so u may be ask to pay the full $1000 with apllication along with all supporting documents as to why you feel u won't do it again

Source? Link? For this information?

 

[screwed]

The source is me. Sorry. After paying $15 000 in lawyer fees. I am telling base on what I had to do. In my case. I am being sponsored but had charges in USA . Which is more than 15 yrs ago. Although I am deem rehabilated. I paid $1000 twice also So far .. Rehab by itself which bounce then I had to redo it again in 2013 . Plus arc because removed. Plus repay 1500+400. For arc. P.is more fingerprints for USA federal plus state p.us my country vo is port of spain

 

[Sunset0505]

I have a question....My Hubby has a PR/Rehab interview in LA and we are to bring court document from 25 years ago...we have tried States Attorney and at this point he does not think there will be anything...we have tried his lawyer from way back then and he does not have any of that info any more or at least not the court docs...Do you think a letter form the lawyer would do advising not able to get the court docs will do?...The States Attorney we not commit to a letter explaining they can not get the info....See we have submitted all the info that we could get in both the PR and the Rehab but there were no "court" docs just an over view from State of Maryland...I almost feel like CIC is asking cause they cant come up with another reason to deny my husband and they know this info is not available...

 

[Lammawitch]

Have you asked the court where the case was heard? If not, ask for a letter from the court confirming that they have no records.

(In an unrelated context recently, I've been able to access court records from Maryland, from >20 years ago. The initial search is available online: http://casesearch.courts.state.md.us/casesearch/ , depending on county)

 

[Sunset0505]

Have you asked the court where the case was heard? If not, ask for a letter from the court confirming that they have no records.

(In an unrelated context recently, I've been able to access court records from Maryland, from >20 years ago. The initial search is available online: http://casesearch.courts.state.md.us/casesearch/ , depending on county)

We have that and we have submitted it...they want the court file...transcripts etc...lol

 

[Lammawitch]

And the court doesn't have those records? If so, and you have written confirmation (from the court) that they don't have them, you can only provide that confirmation, obviously.

I'm a bit confused/surprised as to why CIC are being so insistent about a 25 yr old conviction, unless it falls under the non-admissible for rehab categories, or it's less than 10 yrs since the end of the maximum sentence he might have received in Canada for the offence ...

(I'm not disbelieving you, BTW, I'm very sympathetic! It's just that I have a paper copy of a 1987 Maryland judgement sitting on my desk right now, obtained from the county court in March 2015...)

 

[Sunset0505]

We have tried my husbands lawyer...the States Attorney and the Clerk...its possible they are all lying...serioulsy...I dont really care that you do not belive me...I know we have copied the site and submitted the info and its not good enough...I know what we have living...I also know that I cant find anyone that has to have an interview for Rehab/PR in the USA but we had to cancel our 10th Anniversay trip to go to the appointment in LA on the date of our Anniversary at a cost of $2K, we live in Virginia, not sure why we cant have the interview in New York or Washington for that matter...and I also cant find anyone that has had a third request for medical with an empty emedical file @ the CIC Dr office and I have copies of the request not only from the Dr office but two from the CIC help desk with NO Response from CIC...MY husband is going to be heading up to Maryland this week and be physically present at the Clerks office in hopes of getting the info REQUESTED by CIC and if not the info a letter stating its not available...CIC has request a ton of BS crap and we have provided it to them including a PHOTO COPY not certified of a page of the Law in 1986 via email and yes they requested a photo copy...So you believe what you like...

 

[Lammawitch]

I'm SO sorry for what you are going through, truly!! However, I think you may have mis-read my comment .

I said "I'm not DISbelieving you". I.e I DO believe you !!!

I think your husband's in-person visit to the original court is a great resort, he should not leave without a written confirmation that they have no trace of the relevant documents.

I'm sorry if my previous response was not clear & upset you.

 

[Sunset0505]

I'm SO sorry for what you are going through, truly!! However, I think you may have mis-read my comment .

I said "I'm not DISbelieving you". I.e I DO believe you !!!

I think your husband's in-person visit to the original court is a great resort, he should not leave without a written confirmation that they have no trace of the relevant documents.

I'm sorry if my previous response was not clear & upset you.

Its all good...Finding that everything we have read on the CIC site is not our reality is beyond frustrating..My husband had an approved TRP/Rehab and when we sent in the PR application there was still 1.5 year left on it and even when the reqeusted a new application his was still valid...We just dont get it...

 

[Sunset0505]

Update....LA Interview, not the closest Visa office we live in Virginia...it would have been a 4 hours drive to NYC instead $2K flight with hotel to LA...Interview went awesome and we were told that if the medical that had to be mailed was reviewed Rehab and PR would have been issued during the interview...We were also advised that if any of the crimes were considered serious, 10 plus years jail time in Canada then the cost would be $1000 C$ and the case were would referred to the "Minister" for approval....As well the States Attorney sent us everything that they could find on the case via email as well as by courier so when we went for the interview we brought the envelope it came in so they could see this is it!!!...The Case Manager did really look at the envelope... We had an approved rehab and had to submit another with the PR application 1.5 years after CIC rec'd the application for PR...So send everything in at once...CIC site now says Medical Rec'd on line 4...Our Case Manager indicated that as long as medical was reviewed we should have the PR by the end of Nov...so now we wait....