Having no status in canada and criminal charge

[MD1981]

Hi there. Ive been in canada for 5 years now and while here i got involved in an accident which resulted in me being charged with assault causing. I served 80 days for it and then 15 months probation which passed recently. Now im looking for help where to go. I am married here and my wife and children are canadian.

Ive been told conflicting stories from various people/lawyers as to the best course of action from here. Does anyone have any experience in this or can point me in the right direction lawyer wise as ive been quoted around $7,000 to represent me. Its my life savings so i want to be sure of the best.

I cannot lose my wife and kids over this

 

[perry.w1224]

I'm sorry to hear you're going through this. You should probably search up immigration/criminal lawyers and see what they can suggest you to do.

Do you plan on getting some sort of residency? You've been 'visiting' Canada for 5 years?

You can always argue that you were obediently serving your time and you got a pardon for it. Also since your family is Canadian you can argue under compassionate grounds as well.

I'm no lawyer but you sound like you needed one (whatever crime you committed)

 

[jairichi]

I'm sorry to hear you're going through this. You should probably search up immigration/criminal lawyers and see what they can suggest you to do.

Do you plan on getting some sort of residency? You've been 'visiting' Canada for 5 years?

You can always argue that you were obediently serving your time and you got a pardon for it. Also since your family is Canadian you can argue under compassionate grounds as well.

I'm no lawyer but you sound like you needed one (whatever crime you committed)

His title is "having no status in Canada".

 

[scylla]

You can always argue that you were obediently serving your time and you got a pardon for it. Also since your family is Canadian you can argue under compassionate grounds as well.

As far as I can see, he's currently inadmissible to Canada and will have to obtain a record suspension (formerly a pardon) from the Parole Board of Canada: http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

I don't think H&C can overcome criminality. He has to deal with the criminality issue.

I don't think this is a do it yourself case. I would hire a lawyer.

 

[canuck_in_uk]

I agree with scylla. You are now criminally inadmissible to Canada. If it was a summary conviction, it will be 5 years from the date of completing probation before you can even apply for a record suspension.

As you are out of status and criminally inadmissible, you should be prepared for CBSA to realize this at any point and start removal proceedings against you.

I don't believe there is any lawyer out there who will be able to argue H&C when you have an assault conviction.

You should really think about returning to your country and how you can take your family with you.