Do you think we need a lawyer?

[jeff198901]

My fiancées FBI background came back squeaky clean, however, she has been arrested for dui but it was dismissed through a probation before judgement program (marylands deferred adjudication)

After her FBI background check came back clear, do you think we need a lawyer?

 

[profiler]

My fiancées FBI background came back squeaky clean, however, she has been arrested for dui but it was dismissed through a probation before judgement program (marylands deferred adjudication)

After her FBI background check came back clear, do you think we need a lawyer?

I don't think you do.

 

[jeff198901]

Thank you, anyone else have any input?

 

[Aquakitty]

Thank you, anyone else have any input?

Not sure how a lawyer would help. She'd still have to answer the question "have you ever been arrested", and they will be able to see her DUI. How long has it been since the probation?

 

[jeff198901]

Not sure how a lawyer would help. She'd still have to answer the question "have you ever been arrested", and they will be able to see her DUI. How long has it been since the probation?

Almost a year since completed. She has no conviction. We have also been in touch with a few Canadian immigration lawyers who said it would not be an issue. We actually have a legal opinion letter from a Canadian immigration lawyer specializing in these situations that we are going to send with our application.

 

[jeff198901]

Almost a year since completed. She has no conviction. We have also been in touch with a few Canadian immigration lawyers who said it would not be an issue. We actually have a legal opinion letter from a Canadian immigration lawyer specializing in these situations that we are going to send with our application.

The letter states that it is equivalent to a Canadian conditional discharge

 

[jeff198901]

Anyone else have anymore input at this time of night?

 

[Aquakitty]

From some quick reading, I think she is ok, because completing this probation results in a non-conviction (not guilty). So as long as you have the documentation showing that I think you are good. Caveat: I am not a lawyer. You already have the opinion letter so I don't see how a lawyer would help further, looks like you did a lot of research on this.

 

[lawyer786]

My fiancées FBI background came back squeaky clean, however, she has been arrested for dui but it was dismissed through a probation before judgement program (marylands deferred adjudication)

After her FBI background check came back clear, do you think we need a lawyer?

she is not convicted and u dont need a lawyer

 

[SaskinSeoul]

My fiancées FBI background came back squeaky clean, however, she has been arrested for dui but it was dismissed through a probation before judgement program (marylands deferred adjudication)

After her FBI background check came back clear, do you think we need a lawyer?

No, you don't need a lawyer. Immigration lawyers are a lot of money and basically just check you forms and say they are ok or recommend a change. If you look at forums and follow the check list you'll be fine.

 

[jeff198901]

After reading the enf2 section 25.2 and enf14 section 27 I'm certain she should be fine because of the not guilty / non conviction result. Also, after extensive research, I found several lawyers websites stating things like "deferred adjudication, conditional discharge and nolle prosequi are not considered convictions for Canadian immigration and don't result in a person being inadmissible".

On her Maryland judiciary case search it shows two different dispositions for her dui. One is "probation before judgement" and the other is "nolle prosequi "

 

[jeff198901]

Anyone else have any input?

 

[jeffporfirio1]

No dont need one.
No, no further input.

 

[Femlala]

Anyone else have any input?

Hi @jeff198901

I also have similar case as you. I competed my conditional discharge and now waiting for CIC decision. I'm PNP and applied for PR. CIC asked me for court records and police report a week ago. How is your application process going?

 

[jeff198901]

Hi @jeff198901

I also have similar case as you. I competed my conditional discharge and now waiting for CIC decision. I'm PNP and applied for PR. CIC asked me for court records and police report a week ago. How is your application process going?

My wife was approved in April