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I'm so confused about criminal rehabilitation...

PaperLantern

Star Member
Oct 18, 2017
124
29
Canada
App. Filed.......
11-12-2018
My wife is here on a temporary residence permit and it is good until December 2018. She is eligible for criminal rehabilitation at the end of October. When she was 18, she shoplifted a $50 shirt in the USA and got caught. She went to court, did not receive jail time or probation or community service but had to pay a $250 dollar fine. She paid it and got a misdemeanour shoplifting charge. We were all ready to submit her PR application before I found out she would probably be rejected due to criminality. So, we applied for a TRP at a border crossing and got it within a week. We were told to come back in October and apply for rehabilitation at the port of entry (it will make 5 years since the crime in October). We were told to bring all documents pertinent to the crime/case.

Now, after asking questions online, I've been told by some people on reddit that it's impossible to apply at the border and that I'll have to apply via mail and it will take over a year to get a response. I'm so sad. We built our lives this past year around the idea that we could apply at the border and get an answer in a month, then apply for PR right after so my wife could officially move here and start her life. Here are some questions:

1) Is it possible to apply at the border or not? Why were we told that this was possible?

2) Can we submit the application for rehabilitation BEFORE October so that we can get a response sooner? I'm assuming they wouldn't even get to the application before October anyway.

3) Is it possible to submit the application for rehabilitation at the same time as the application for spousal sponsorship?

4) If you applied for criminal rehabilitation for a misdemeanour crime in the USA, how long did it take to get an answer?
 

scylla

VIP Member
Jun 8, 2010
92,902
20,523
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
1) It's only possible to apply at the border if she is American.
2) No - absolutely not. She cannot apply until she actually qualifies.
3) Sure.
4) We've seen anything from a few days to over a year. Recommend she apply at the border if she's American. Processing times seem to be much faster.
 

PaperLantern

Star Member
Oct 18, 2017
124
29
Canada
App. Filed.......
11-12-2018
So just to make sure I'm understanding correctly, since she is American, it is possible to apply for the rehabilitation at the border? If so, that's good, I was starting to get paranoid that the agent who spoke to us gave us the wrong information.
 

mpottier

Star Member
Jan 23, 2011
67
3
Job Offer........
Pre-Assessed..
So just to make sure I'm understanding correctly, since she is American, it is possible to apply for the rehabilitation at the border? If so, that's good, I was starting to get paranoid that the agent who spoke to us gave us the wrong information.
Yes! American citizens can apply for rehabilitation at a land port of entry. It takes a few days to a week or two to get it. Can't believe they would deny PR over a stolen shirt 4 years ago. Good luck to you!