Husband has felony on record -- what are our options?

[melodiouswren]

Hello.

My husband has been charged with a class 5 felony of attempted sexual assault on a minor in Colorado back in 2007. I know it's a touchy subject, but if it makes you feel any better, he took a plea bargain because he had a crappy public defender. I assure you there was no sexual assault, just a huge mess and a lot of family issues.

I'm the Canadian citizen, he's the American. We are in the process for me to immigrate to the states, but the Adam Walsh Act proves rather difficult to have appealed. If it doesn't work out, we'll try me sponsoring him to come to Canada. I'd like to know what our options are.

Here are some of his case details.

Attempted sexual assault on a minor.
Class 5 Felony: 1-3 years in prison and/or a $1000-$100,000 fine. He finished prison in July 2010, finished parole in January 2012. He's also paid off restitution. I read over his risk assessment. He's low risk and classed as not likely to reoffend. He is required to register for 15 or 20 years, but since he's low risk, his info isn't available to public.

Based on this info, what are our options? Feel free to ask any questions if you need to know.

 

[zardoz]

This is lawyer territory. I don't think that anyone here would be qualified to comment.

 

[amikety]

I'm no expert, but I'm pretty sure that would make him inadmissible to Canada for at least 10 years from the date of the plea bargain, if not longer.

Exhaust your routes through the USA first. Then consult a lawyer, although I don't think there is much any Canadian Immigration lawyer can do for you until he is eligible to apply for rehab..... which is 10 years since his sentence "ended."

Taking a plea bargain = conviction. Doesn't matter if he plead guilty or no contest. CIC won't care about the drama with his family, etc.

Have you checked with American Immigration to make sure he's eligible to sponsor you? In Canada, that type of offense would make someone ineligible to sponsor... You should check into that (if you haven't yet) before you spend any money on immigration to the USA.

Unfortunately, this looks like a tough road ahead for you.

 

[scylla]

Well right off the bat he's inadmissible to Canada until at least Jan 2017. You won't be able to sponsor him and he won't be able to come as a visitor at least until then. Your only option would be to apply for a TRP (temporary resident permit) - but it's difficult to get a TRP approved.

Given the charges, he may be inadmissible for longer - I'm no expert in this area. I agree that it's time to consult a lawyer.

You may need to re-think your plans and settle in the US instead.