FBI check revealed an arrest, please read my question.......

[DEBBIEG]

So…backround first: I am the Canadian and I am sponsoring my American husband.

His FBI check showed an arrest in 1976 (41 years ago!). The charge was Forgery. He didn’t actually have anything to do with the crime, even though he knew the perp. They arrested everyone at the guy’s house, then sorted it out later. He was sort of bullied into pleading guilty by the cops (typical law enforcement behavior, but I don’t expect the CIC to be aware of or care about that), got probation, which he completed, and the State’s Attorney declined any further action. This has been documented by the Court Clerk and was forwarded to CIC in December of 2016. I called them last month and was told he has satisfied all other areas of the application and they are confirming the particulars of this arrest etc. He has not had any offenses at all in the subsequent 41 years.

So my questions are:
Is this a typical time frame for this sort of scenario?
Is this a crime that would make him inadmissible? (If so, wouldn’t they just say so straight away?)
How do I keep from losing my mind until a decision is made either way? (I know, rhetorical question) (sort of) :/

Thanks in advance for any insight at all............

 

[trikiliki]

I think if it was automatically inadmissible they wouldn't have sent it for further review. Given that it was 41 years ago, not a violent crime, and he was ultimately sentenced to and served probation, could all be a factors that weigh in your husband's favor. Being honest and upfront about these kinds of things, which you have been, also goes a long way with CIC. About the time frame, this is a kind of out of the ordinary situation so its anyone's guess, but try to remain hopeful.

 

[kasskiss125]

So…backround first: I am the Canadian and I am sponsoring my American husband.

His FBI check showed an arrest in 1976 (41 years ago!). The charge was Forgery. He didn’t actually have anything to do with the crime, even though he knew the perp. They arrested everyone at the guy’s house, then sorted it out later. He was sort of bullied into pleading guilty by the cops (typical law enforcement behavior, but I don’t expect the CIC to be aware of or care about that), got probation, which he completed, and the State’s Attorney declined any further action. This has been documented by the Court Clerk and was forwarded to CIC in December of 2016. I called them last month and was told he has satisfied all other areas of the application and they are confirming the particulars of this arrest etc. He has not had any offenses at all in the subsequent 41 years.

So my questions are:
Is this a typical time frame for this sort of scenario?
Is this a crime that would make him inadmissible? (If so, wouldn’t they just say so straight away?)
How do I keep from losing my mind until a decision is made either way? (I know, rhetorical question) (sort of) :/

Thanks in advance for any insight at all............

No need to panic. CIC is evaluating the case. you will be notified once final decision is made.

 

[Ponga]

Hopefully he answered the question truthfully (I believe it is question 6 on the Schedule A/Background form), that asks is the applicant has ever been detained (or arrested?).

If he did NOT answer truthfully, because it had been so long ago and/or he forgot, that could be grounds for misrepresentation and I suggest sending a new form ASAP.

If he did answer truthfully, I personally don't see it being an issue, since a person can be deemed rehabilitated if 10 years have passed since the completion of the sentence...which it clearly has.

Good luck!