help!!!!!!!!!! sponsorship denied

[Soso29]

can somebody help me please.. my husband got denied and they explain it,s because of the background check..he never went to jail
he does not have a criminal record,,
the story is he got arrested in florida because he stop his car to give a ride to a girl friend... so a police officer stop him and arrest them
ther police think the girl is a prostitute witch is not true...
so they only make him pay the jugment fee aand 40hours community service.
what you guys think???? do you think they can change the decision???????

 

[Rob_TO]

can somebody help me please.. my husband got denied and they explain it,s because of the background check..he never went to jail
he does not have a criminal record,,
the story is he got arrested in florida because he stop his car to give a ride to a girl friend... so a police officer stop him and arrest them
ther police think the girl is a prostitute witch is not true...
so they only make him pay the jugment fee aand 40hours community service.
what you guys think???? do you think they can change the decision???????

If he paid a fee and did community service, I think that means he was convicted and has a criminal record in the USA. To have no record, he would have had to have the case dismissed and not paid any fee and not did any community service.

How long ago did he complete the 40 hours community service? From this date, I think he needs to wait 5 years before he can apply for rehabilitation and be accepted for PR.

A lawyer specializing in criminality issues will know more.

 

[scylla]

What Rob-TO said. It doesn't matter if he never went to jail. If he was fined and had to do community service, then it means he was convicted.

The dates of when all of this happened are very important.

 

[SuperVisa]

I think you need a lawyer.... David Cohen is a great lawyer in this type of cases....and he will go with you until your case is finished.

 

[Soso29]

well the fees are only to see the judge... since he was illegal to the us the lawyer told him to not plead guilty and not go to trial so they just make him pay 2000$ and he was not able to do the comunity service either because he was illegal... we ask the criminal record and it did not say he has a criminal record...it was minor

 

[Soso29]

that happen 10 years ago and they destroy his file because after a certain time hey just destroy i even spoke to the fbi guy he told me there,s no criminal background

 

[QuebecOkie]

Sounds like he plead "no contest," which is not the same as "not guilty." Also, it sounds like he did not complete the conditions of his sentence (the community service), which could be a problem, as it means the clock has not yet started ticking away the years required before he could be deemed rehabilitated.

As much as I believe there are a ton of immigration lawyers out there who aren't as well-informed as many of the senior members on this forum, I'd say you really need to consult with a lawyer on this situation.

 

[zardoz]

Just as well that they haven't slapped a "misrepresentation" exclusion on him as well..

 

[Seronic]

It's kinda scary that cic would dig even deeper to find things where you weren't criminally convicted for. So they brought you in, talked to you about something, gave you a chance and didn't charge you - denied access to country? wow ;o, but I doubt it's that way. From what I'm reading here, he basically plead guilty to it (otherwise you wouldn't have a fine + community service). Just plead so it would be a lesser thing. Still, 10 years ago, doesn't even show up on his criminal record when he does one (unless he's lying to you), meaning he could work anywhere in usa without it showing or being a problem, and yet cic says no to him coming because of that. ouch.

 

[Rob_TO]

i even spoke to the fbi guy he told me there,s no criminal background

Then how did CIC find out about it?
It must appear in some report... meaning it was not destroyed and it is showing somewhere as a criminal conviction.
Also you don't get community service, unless you have plead guilty or no-contest to a charge.

 

[rhcohen2014]

Then how did CIC find out about it?
It must appear in some report... meaning it was not destroyed and it is showing somewhere as a criminal conviction.
Also you don't get community service, unless you have plead guilty or no-contest to a charge.

this isn't true in the us court system. you can plea not guilty or no-contest and still receive community service and a fine. it would still show up on a record though. was an FBI criminal check done? just asking an FBI person isn't going to give you a full background check. Fingerprints are needed to get a full check (unless it's for employment verification - which is a completely different story). it may not be considered a criminal offense, and be considered a misdemeanor. it depends on how it was filed by the court/judge, and what it "equates" to in Canada. If it's been expunged, then there's no way those records can be opened.

 

[Soso29]

yes he confirm tha to me they give him a criminal record for that in 2002 .. does he have a second chance???? we have a lawyer she will send a letter to immigation with law article that shows them it,s not a good reason to denied his case

 

[steerpike]

yes he confirm tha to me they give him a criminal record for that in 2002 .. does he have a second chance???? we have a lawyer she will send a letter to immigation with law article that shows them it,s not a good reason to denied his case

If you only have one conviction of a less serious nature, after a prescribed period of ten (10) years has passed since the completion of any imposed sentence (and there have been no other convictions that affect your admissibility) you will be deemed to be rehabilitated pursuant to R18(2) of Canada's Immigration Regulations.

If it hasnt been 10 years since he completed his sentance/paid fines, etc then he will probably have to apply for Rehabilitation.

http://www.cic.gc.ca/english/pdf/kits/forms/IMM1444E.PDF

You are eligible to apply for Criminal Rehabilitation when 5 years has elapsed from the completion of the sentence (like when the fine was paid in full or the period of disqualification ended). You will have to provide documentary evidence of the full payment of all fines imposed.


In order to commence an assessment of your admissibility, you are required to: Complete the application form for Criminal rehabilitation; Provide a police certificate from the country where the conviction occurred; Provide copies of the court / bench/ police records/fact sheets relating to your conviction; Provide copies of the specific sections of law under which you were convicted.

 

[keesio]

can somebody help me please.. my husband got denied and they explain it,s because of the background check..he never went to jail
he does not have a criminal record,,
the story is he got arrested in florida because he stop his car to give a ride to a girl friend... so a police officer stop him and arrest them
ther police think the girl is a prostitute witch is not true...
so they only make him pay the jugment fee aand 40hours community service.
what you guys think???? do you think they can change the decision???????

That is a strange story. He saw a female friend and stopped to give her a ride and the cops thought he was picking up a streetwalker and they could not prove any evidence to the cops or a judge that they were friends and actually knew each other??

 

[zardoz]

I'm also intrigued that if, as was stated by the OP, he was "illegal" and therefore couldn't / didn't complete his sentence, he wasn't deported. Something is missing in the narrative.