FBI Prior Arrest- Want to apply to Spouse Sponsorship

[bbadoian]

Hello all,

I have a few questions. Here's my background information for you:

I am American. My boyfriend is Canadian. We plan to get married sometime around April 2020 and want to send in the application immediately after the wedding. We are beginning to research into the paperwork, process, requirements, etc. I wasn't sure if my arrest for petty theft when I was 14 years old, and I'm now 24 years old, would show up on my FBI report. When I was 14, I did have to pay all fines and go to the police to have my fingerprints taken. Therefore, I was almost sure they would be in the database.

Sure enough, it shows I have a prior arrest on my FBI clearance. I am now left frustrated and wondering what I should do. I have read a little bit about rehabilitation in Canada.

1. Should I apply for rehabilitation before applying to the spousal sponsorship, with consideration of our timeline?
2. Or can I send in the rehabilitation application with my PR app?
3. Do I also need to get state/county records?

Just to let you know, I clearly am an entirely different person now and can prove it! I am an elementary school teacher, worked with kids, and am heavily involved in my church. I don't know if that helps at all with the process of applying for rehabilitation. I have also visited Canada 3 times, never being told anything at the border.

I hope someone out there has some knowledge in this! Thank you!

 

[canuck_in_uk]

Hello all,

I have a few questions. Here's my background information for you:

I am American. My boyfriend is Canadian. We plan to get married sometime around April 2020 and want to send in the application immediately after the wedding. We are beginning to research into the paperwork, process, requirements, etc. I wasn't sure if my arrest for petty theft when I was 14 years old, and I'm now 24 years old, would show up on my FBI report. When I was 14, I did have to pay all fines and go to the police to have my fingerprints taken. Therefore, I was almost sure they would be in the database.

Sure enough, it shows I have a prior arrest on my FBI clearance. I am now left frustrated and wondering what I should do. I have read a little bit about rehabilitation in Canada.

1. Should I apply for rehabilitation before applying to the spousal sponsorship, with consideration of our timeline?
2. Or can I send in the rehabilitation application with my PR app?
3. Do I also need to get state/county records?

Just to let you know, I clearly am an entirely different person now and can prove it! I am an elementary school teacher, worked with kids, and am heavily involved in my church. I don't know if that helps at all with the process of applying for rehabilitation. I have also visited Canada 3 times, never being told anything at the border.

I hope someone out there has some knowledge in this! Thank you!

Assuming you were charged as a young offender, you don't need to apply for rehabilitation. Declare everything and provide any documents you have regarding the situation.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Were you convicted as a juvenile?

In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.

You are not inadmissible if you:

• were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless you received an adult sentence,
• were treated as a young offender in a country which has special provisions for young offenders, or
• were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would not have received an adult sentence in Canada.

You are inadmissible if you:

• were convicted in adult court in a country that has special provisions for young offenders, or
• were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would have been treated as an adult in Canada

 

[bbadoian]

Assuming you were charged as a young offender, you don't need to apply for rehabilitation. Declare everything and provide any documents you have regarding the situation.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Were you convicted as a juvenile?

In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.

You are not inadmissible if you:

• were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless you received an adult sentence,
• were treated as a young offender in a country which has special provisions for young offenders, or
• were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would not have received an adult sentence in Canada.

You are inadmissible if you:

• were convicted in adult court in a country that has special provisions for young offenders, or
• were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would have been treated as an adult in Canada

Thank you for the response, @canuck_in_uk!

So, I would declare it on paperwork that I have been arrested, give the information, and send in the Spousal PR app like normal? Do you recommend that I also acquire the state/county police records as well to give them a clear understanding of what the arrest was?

 

[canuck_in_uk]

Thank you for the response, @canuck_in_uk!

So, I would declare it on paperwork that I have been arrested, give the information, and send in the Spousal PR app like normal? Do you recommend that I also acquire the state/county police records as well to give them a clear understanding of what the arrest was?

Yes.

Yes, I recommend you send in absolutely everything that you can upfront so that IRCC fully understands the situation and doesn't have to request more documents from you.

 

[bbadoian]

Yes.

Yes, I recommend you send in absolutely everything that you can upfront so that IRCC fully understands the situation and doesn't have to request more documents from you.

Great, thank you!