Got deported from the US

[Deya]

hello,
I have been deported from the US and I’m trying to see my chances of moving to Canada,
I’m a Jordanian citizen and my wife is an American citizen. Since i got deported we have been living in Jordan, i have lived in the US for 3 years and it been hard on me and wife to fit in Jordan since she’s and American and have never left her country before, i have a felony class E i belive its a “misprision of a felony” and a dismissed charge of possession of marijuana, and a ticket for public intoxication.
Will be able to move (immigrant) to Canada and if so what should i do ?
Please advice me

 

[LifeDreamer]

We need more details about your felony conviction to determine your eligibility. The other charges are not an issue.

You also qualify to return to the US if you prefer by filing a waiver of inadmissibility and showing hardship to your wife due to separation.

 

[Deya]

I had spent 6 months in jail, got a time served sentence, the way thing happened is i was working at a smoke shop where we used to sell synthetic marijuana, i didnt know back then that it was illegal to sell it at the store so when i found out i had quit working there,after a month and couple of weeks the DEA picked me up and want to charge me with distribution but when they realized that i had quit when i knew its illegal they charged me with a misprision of a felony.

 

[Rob_TO]

hello,
I have been deported from the US and I’m trying to see my chances of moving to Canada,
I’m a Jordanian citizen and my wife is an American citizen. Since i got deported we have been living in Jordan, i have lived in the US for 3 years and it been hard on me and wife to fit in Jordan since she’s and American and have never left her country before, i have a felony class E i belive its a “misprision of a felony” and a dismissed charge of possession of marijuana, and a ticket for public intoxication.
Will be able to move (immigrant) to Canada and if so what should i do ?
Please advice me

Do either of you have the necessary education and skilled work experience to qualify for immigration to Canada? That would be your first thing to check.

As for the conviction, most likely you are ineligible to apply to immigrate until 5 years has passed since you completed your sentence.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

[Deya]

Do either of you have the necessary education and skilled work experience to qualify for immigration to Canada? That would be your first thing to check.

As for the conviction, most likely you are ineligible to apply to immigrate until 5 years has passed since you completed your sentence.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

First of all thank you, i have a BA in literature and culture studies I don’t know if that would help

 

[scylla]

First of all thank you, i have a BA in literature and culture studies I don’t know if that would help

Immigration is typically dependent on a number of factors including years of work experience and skill level, education completed, language abilities, etc. Do you or does your wife have at least 1 year of paid full time work experience in a NOC A, B or 0 profession (i.e. skilled profession)?

Ultimately you'll need to calculate your points under Express Entry to assess the chances of being selected.

You can find an online calculator here: http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

As of now you need a score of around 440 to be selected.

 

[LifeDreamer]

I had spent 6 months in jail, got a time served sentence, the way thing happened is i was working at a smoke shop where we used to sell synthetic marijuana, i didnt know back then that it was illegal to sell it at the store so when i found out i had quit working there,after a month and couple of weeks the DEA picked me up and want to charge me with distribution but when they realized that i had quit when i knew its illegal they charged me with a misprision of a felony.

Ok it's clear to me now. This charge doesn't count as it's been removed from penal codes in many countries including Canada, so you qualify to visit and immigrate to Canada just fine. However be careful when you describe the circumstances if you did play a role in selling the marijuana it will count as having committed an offense (not knowing it was illegal doesn't matter) even if you were not convicted, if you were just aware of it and did not participate in selling then that is not offense in Canada.

The public intoxication ticket is also not a crime in Canada. The possession of marijuana would have counted against you but it was dropped so you are fine on that one as well.

To be sure, you can file a rehabilitation application and check "for information only" at your nearest Canadian consulate which involves a lot of paperwork. In a couple months you'll receive an official answer about your status and eligibility to visit Canada.