Deported from USA. Will I be able to apply for Canada.

[Buletruck]

Looks like it is the equivalent to Assault Causing Bodily Harm or Aggravated Assault in Canada. I’d recommend consulting with a lawyer

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-268.html

https://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-2/16-5-23-1

 

[LifeDreamer]

GA Code § 16-5-23 (2017)

• (a) A person commits the offense of simple battery when he or she either:
  • (1) Intentionally makes physical contact of an insulting or provoking nature with the person of another;

This offense is not an issue for the US. You were deported because of the overstay and not the offense. You may apply for a green card if you qualify after the exclusion period is completed.

In Canada, the closest offense is assault as Canada does not have a specific definition for battery.

Assault

• 265 (1) A person commits an assault when
  
  • (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

The offense in Georgia is narrower than the equivalent offense in Canada as it requires the contact to be of insulting or provoking nature. This means that, unfortunately, you are criminally inadmissible to Canada at this time. You will have to wait 5 years after your probation period ends to submit a rehabilitation application to enter Canada. However, since you are or will be married to a Canadian citizen you are eligible to make an application to IRCC on humanitarian and compassionate grounds during this period to overcome your inadmissibility to Canada.

 

[Webber]

OK thank you guys for your quick response.
So what I can understand is since am about to get married to a Canadian citizen I can apply for a waiver.
How long the process take? Can we stay together in our country waiting for me to get the permission to be admissible in canada?or she has to go back and wait for me over there?

 

[Buletruck]

However, since you are or will be married to a Canadian citizen you are eligible to make an application to IRCC on humanitarian and compassionate grounds during this period to overcome your inadmissibility to Canada

They would have to apply for an exception if the OP isn’t in Canada for H&C to work as well if I’m not mistaken.

https://www.canada.ca/en/immigratio...on-refugee-protection-act-spousal-policy.html

 

[Buletruck]

If she is Canadian, she can sponsor from outside of Canada. If she is a PR, she would need to remain in Canada to sponsor you.

 

[scylla]

OK thank you guys for your quick response.
So what I can understand is since am about to get married to a Canadian citizen I can apply for a waiver.
How long the process take? Can we stay together in our country waiting for me to get the permission to be admissible in canada?or she has to go back and wait for me over there?

Your wife would sponsor you for permanent residency from outside of Canada and then in that application, request that it be considered under H&C since you are inadmissible. Normal processing times are 1 year - however you should expect that your application will take longer because of your inadmissibility and the H&C request. She can remain in your country with you provided she is a citizen.

You should be aware that this is by no means a slam dunk and the chances are quite high the application is going to be refused. If that happens you'll have to wait out the 5 year inadmissibility period outside of Canada before you can apply again.

 

[canuck_in_uk]

OK thank you guys for your quick response.
So what I can understand is since am about to get married to a Canadian citizen I can apply for a waiver.
How long the process take? Can we stay together in our country waiting for me to get the permission to be admissible in canada?or she has to go back and wait for me over there?

Given the nature of your conviction, I'd say there is pretty much zero chance of you being allowed to come to Canada at any point before the 5 years is up.

 

[LifeDreamer]

Given the nature of your conviction, I'd say there is pretty much zero chance of you being allowed to come to Canada at any point before the 5 years is up.

The approval of the humanitarian and compassionate grounds application is contingent on showing hardship to the spouse from the separation and the best interest of a child in Canada. Since the OP is not already married and no children or a household has been established yet this will be difficult to prove. Also, if the OP comes from a safe country and the Canadian spouse migrated to live with him this will be further used to counter H&C claims.

So it is true the chances of approval are very low, but the reason for that is not the nature of the conviction. In fact, the OP has a single conviction which is not classified as serious crime in Canada and so the outlook of a positive outcome for rehabilitation in the future is high.

 

[Webber]

Those 5 years is it because I have been deported from usa? I have a ban of 10yrs for the usa.
Yeah its a single conviction and I have been even tricked by the public attorney who made me sign a deal without letting me know that it will affect my immigration status and definitely made me exposed to deportation.
I just

 

[scylla]

Those 5 years is it because I have been deported from usa? I have a ban of 10yrs for the usa.
Yeah its a single conviction and I have been even tricked by the public attorney who made me sign a deal without letting me know that it will affect my immigration status and definitely made me exposed to deportation.
I just

No - the five years is because of the conviction.

 

[LifeDreamer]

Those 5 years is it because I have been deported from usa? I have a ban of 10yrs for the usa.
Yeah its a single conviction and I have been even tricked by the public attorney who made me sign a deal without letting me know that it will affect my immigration status and definitely made me exposed to deportation.
I just

All US courts give warnings about effect on immigration status at the start of hearings, this is so that you can't withdraw your guilty plea later. In any case, that particular offense did not affect your immigration status you were actually going to be deported anyways as an illegal alien. Whenever someone is arrested in the US and put in jail, ICE will learn about this individual and if state dept. records show that person is an alien (as in your case as you had applied for visa), a detention hold is put on that individual's file to allow ICE to pick that individual after the case is concluded regardless of the outcome. The exception is a few U.S. jurisdictions that do not cooperate with ICE as commonly called sanctuary cities.

 

[canuck_in_uk]

The approval of the humanitarian and compassionate grounds application is contingent on showing hardship to the spouse from the separation and the best interest of a child in Canada. Since the OP is not already married and no children or a household has been established yet this will be difficult to prove. Also, if the OP comes from a safe country and the Canadian spouse migrated to live with him this will be further used to counter H&C claims.

So it is true the chances of approval are very low, but the reason for that is not the nature of the conviction. In fact, the OP has a single conviction which is not classified as serious crime in Canada and so the outlook of a positive outcome for rehabilitation in the future is high.

It is an assault charge against a family member, so yeah, it is serious. Hardship does not outweigh allowing a potentially violent person in the country. If the violence was against a partner or child, then it is especially relevant in a spousal app, H&C or not.

 

[Webber]

Well I got all your points and I really appreciate your help.
My public defender told me he didn't know if it gonna affect my immigration case.
Am not a violent person so that was an exaggerated case.
I just wanna know like I said if I can be illegible for a permanent residence troug

 

[scylla]

Well I got all your points and I really appreciate your help.
My public defender told me he didn't know if it gonna affect my immigration case.
Am not a violent person so that was an exaggerated case.
I just wanna know like I said if I can be illegible for a permanent residence troug

You are currently inadmissible to Canada. So yes - technically you are not eligible to apply for permanent residency at this time. As explained, you can try applying and requesting H&C considerations. However the chances of success are very low.

Most likely, you will need to wait for five years until you qualify for rehabilitation. Then you will need to apply for rehabilitation which can take anywhere from a few months to over a year to be approved - then you'll be eligible for PR.

 

[Jean1977]

I am new here and have a question please. My sister has just gotten her COPR to move to Canada with her husband. Over 20 years ago she had a couple of ISF checks that were turned in while she was in hospital after a bad accident. She paid them off once she got out without going to court. In her immigration application she let them know and even called to talk to someone at immigration to see if she needed rehabilitation. The agent she talked to laughed and told her that wasn’t a crime!
She got her COPR the next week. When she lands does she tell them yes on crimes or no? Her FBI record is clean and the checks were all under $20 and paid off at clerks office.