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Inadmissiability Assessment Vs Temporary Resident Permit

J

justfromerica

Full Member
Mar 22, 2015
46
0
Hi there,

I just spoke with one of the lawyers from this website via the phone to discuss my wife's inadmissibility, and he said he would be sending me an email with more information, and to start with doing an assesment for $7.50 unless he meant $750.00??? to determine my wife's inadmissibility.

But I was also looking up a temporary resident permit, and how they can apply for people who have been considered criminally inadmissiable, but are only valid for 3 years. It says you can extend them, but could you also just apply inland for Permanent Residency when in Canada? Can you work right away with a TRP?

If anyone has any experience with this, please let me know. I have a huge amount of questions for the laweyer but I really can't afford to obtain their services, so if possible, I wanted to move forward myself but I might be stuck if I need an assesment.

Thoughts??
 
justfromerica said:
Hi there,

I just spoke with one of the lawyers from this website via the phone to discuss my wife's inadmissibility, and he said he would be sending me an email with more information, and to start with doing an assesment for $7.50 unless he meant $750.00??? to determine my wife's inadmissibility.

But I was also looking up a temporary resident permit, and how they can apply for people who have been considered criminally inadmissiable, but are only valid for 3 years. It says you can extend them, but could you also just apply inland for Permanent Residency when in Canada? Can you work right away with a TRP?

If anyone has any experience with this, please let me know. I have a huge amount of questions for the laweyer but I really can't afford to obtain their services, so if possible, I wanted to move forward myself but I might be stuck if I need an assesment.

Thoughts??
Click to expand...

Ok...have you ever heard of a lawyer ever only charging $7.50 for their services?

You might consider sharing her inadmissibility issues here and see what kind of suggestions you receive.
 
You can't be approved as a PR while still inadmissible (even if you have a TRP). You have to apply for and obtain rehabilitation first. And to apply for rehabilitation you have to qualify for rehabilitation.

Note that TRPs aren't all that easy to get. You can apply - but there's no guarantee you'll get one.
 
Ponga said:
Ok...have you ever heard of a lawyer ever only charging $7.50 for their services?

You might consider sharing her inadmissibility issues here and see what kind of suggestions you receive.
Click to expand...

Well he didn't specifty, an assesment in my mind is like a small test to see what direction you need to go, similiar to the free one they offer on the website but more specified for criminal inadmissibility. I couldn't imagine that costing $750.00 dollars... but I have no experience with immigration lawyers, I did the US immigration process all on my own without issue.

I have shared my issues in previous threads, nobody can give me a direct answer as my situation is kind of specific. I'm stuck, I can't really proceed unless I know for sure that she would have to do Rehabillitation or if a TRV is a better option. But nobody can give me an answer. I don't want to do rehabillitation to find out we didn't need to, and if we have to do it, we will, I just need to know where to start.

The lawyer briefly said someting like "well if she was 35 and got the DUI then yes she would be, but 18 might be a little tricky or a different situation." but again, no concrete information. I never got any email from him either, so...
 
scylla said:
You can't be approved as a PR while still inadmissible (even if you have a TRP). You have to apply for and obtain rehabilitation first. And to apply for rehabilitation you have to qualify for rehabilitation.

Note that TRPs aren't all that easy to get. You can apply - but there's no guarantee you'll get one.
Click to expand...

Oh okay, gotcha, thank you.
 
Whoop, nevermind. He sent me a contract, and it says CAD 750, so I guess that really is the amount. I can't afford to hire a lawyer, and
I know I can do it on my own if I just could get a yes or no answer for Rehabilitation. Sigh, so frustrating.
 
Based upon your post in your other thread, I don't think she's even able to apply for rehabilitation until late this year:

justfromerica said:
If by complete her sentence, you mean was done with all the probation/fees/classes would have been towards the end of 2010. Is that where the 5 years starts? Not from the initial arrest?

I did the the US process all on my own successfully without lawyers or any issues, so I was hoping I could figure this out on my own. I will talk to the CIC tomorrow and go from there.
Click to expand...
 
I have posted what your wrote in your other thread below the line for quick reference.

I have a friend whose husband had a DUI in South Korea back in 2008. They had to complete the rehabilitation forms and became PR in January 2015. He was well over 18 when it happened. I think more information is needed:

1. when was the last date she served her parole? If she is considered inadmissible, that is when the 5 year period to be deemed rehabilitated starts to count (i.e. after completing all her sentence and that includes fines, suspension of licence, parole, etc).

2. Have you gone to legal aid, the YMCA or other immigrant settlement group in your city? I know you are a citizen but they may know of resources that might be helpful to you.

I usually pay for a 1 hr consultation and come prepared with questions, forms filled out (if necessary), etc to make the most of it since it is not cheap. If I decide to retain the lawyer, they send me a retainer agreement (contract) and I pay a retainer fee before work commences. If you were sent a contract, sounds like a retainer agreement but it is not clear whether have you decided retain the lawyer? There is a different between a consultation or initial assessment and actually retaining lawyer services. You may need to clarify that first.

_______________________________________________________________________________________________________________________________
Hey everyone,

I'm a Canadian citizen living in the US with my American wife. I have my 2 year conditional green card, but we are unhappy here in the US and want to move to Canada.

However, we have one complicated element to our case:

My wife got a DUI December 2009, so over 5 years ago. She had turned 18 that previous June. She had the case plead down to Youthtful Offender, because in the state of Alabama, they don't expunge. Essentially the best they could do to remove it from her record, so it hasn't shown up on background checks for jobs etc.

I know DUI's render you inadmissible to Canada, but if it says "Youthful Offender" on her police clearance, or nothing at all, would she still be considered admissible? She paid a fee, had her licence suspended for 9 months, and had to go AA/NA/Drug School for 3 months and was on probation for 6 months.

This is all I found on the CIC website:

Quote
In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.

You are not inadmissible if you:

were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless you received an adult sentence,
were treated as a young offender in a country which has special provisions for young offenders, or
were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would not have received an adult sentence in Canada.

You are inadmissible if you:

were convicted in adult court in a country that has special provisions for young offenders, or
were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would have been treated as an adult in Canada
 
SenoritaBella said:
I have posted what your wrote in your other thread below the line for quick reference.

I have a friend whose husband had a DUI in South Korea back in 2008. They had to complete the rehabilitation forms and became PR in January 2015. He was well over 18 when it happened. I think more information is needed:

1. when was the last date she served her parole? If she is considered inadmissible, that is when the 5 year period to be deemed rehabilitated starts to count (i.e. after completing all her sentence and that includes fines, suspension of licence, parole, etc).

2. Have you gone to legal aid, the YMCA or other immigrant settlement group in your city? I know you are a citizen but they may know of resources that might be helpful to you.

I usually pay for a 1 hr consultation and come prepared with questions, forms filled out (if necessary), etc to make the most of it since it is not cheap. If I decide to retain the lawyer, they send me a retainer agreement (contract) and I pay a retainer fee before work commences. If you were sent a contract, sounds like a retainer agreement but it is not clear whether have you decided retain the lawyer? There is a different between a consultation or initial assessment and actually retaining lawyer services. You may need to clarify that first.

_______________________________________________________________________________________________________________________________
Hey everyone,

I'm a Canadian citizen living in the US with my American wife. I have my 2 year conditional green card, but we are unhappy here in the US and want to move to Canada.

However, we have one complicated element to our case:

My wife got a DUI December 2009, so over 5 years ago. She had turned 18 that previous June. She had the case plead down to Youthtful Offender, because in the state of Alabama, they don't expunge. Essentially the best they could do to remove it from her record, so it hasn't shown up on background checks for jobs etc.

I know DUI's render you inadmissible to Canada, but if it says "Youthful Offender" on her police clearance, or nothing at all, would she still be considered admissible? She paid a fee, had her licence suspended for 9 months, and had to go AA/NA/Drug School for 3 months and was on probation for 6 months.

This is all I found on the CIC website:

Quote
In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.

You are not inadmissible if you:

were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless you received an adult sentence,
were treated as a young offender in a country which has special provisions for young offenders, or
were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would not have received an adult sentence in Canada.

You are inadmissible if you:

were convicted in adult court in a country that has special provisions for young offenders, or
were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would have been treated as an adult in Canada
Click to expand...

Since she was 18 when she got the DUI, it certainly seems that she would be deemed inadmissible.
 
I'd have to get my wife to somehow access all the stuff to do with her case to get the exact dates on when everything was completed. Would we jysr contact the police department for all those files??

The lawyer made it seem like her being 18 and charged as a Youthful Offender would be a different story than her being older and getting a DUI, but really didn't elaborate.

From what I've read, it would make her inadmissible, but it's like this stupid grey area where I keep getting little timbits of information that make me doubt what I already know.
 
I would suggest you apply for a police clearance and see if it is on her record first. Also send for the court documents.
 
justfromerica said:
I'd have to get my wife to somehow access all the stuff to do with her case to get the exact dates on when everything was completed. Would we jysr contact the police department for all those files??
Click to expand...

i would recommend contacting the court house where her case was heard and the attorney that handled the case. i believe the police would have information about her arrest/charges, not necessarily the court documents that outline the outcome. and i agree to start processing the fbi record to see what it shows.
 
justfromerica said:
I'd have to get my wife to somehow access all the stuff to do with her case to get the exact dates on when everything was completed. Would we jysr contact the police department for all those files??

The lawyer made it seem like her being 18 and charged as a Youthful Offender would be a different story than her being older and getting a DUI, but really didn't elaborate.

From what I've read, it would make her inadmissible, but it's like this stupid grey area where I keep getting little timbits of information that make me doubt what I already know.
Click to expand...

She was charged with a DUI and she was not a minor when she committed the crime. Had she committed the crime in Canada, she would have been charged as any other adult, gone to adult court and not been able to plead as a "Youthful Offender". This is how CIC will equate the crime with the Canadian criminal code. I don't think that there is any way of avoiding a rehabilitation app.
 
Sending away for the FBI clearence right now is an option but then I'd have to wait 2+ months and I can't even apply for Rehabilliation yet, let alone PR. So I would end up having to deal with that twice, which may not be the best use of my time.

Also I read somewhere that even if it didn't show up, you would have to disclose it by Canadian law. I know in the US, in some states, you are legally allowed to enter "no" when asked if you've ever committed a crime. But alas, this is Canada.

It would just be nice to have a lawyer give me a firm yes that I do need to complete Rehabilitation first, even though I'm pretty positive that is the case, I'm cautious about my time and money for this process.
 
canuck pretty much summed up what will happen based on the information provided.

i think the point is no one is really going to be able to give you a definitive answer, not even a lawyer. the truth is only CIC will be able to determine whether your wife requires rehabilitation, based on THEIR interpretation of the facts of the case. so really, if you don't want to spend money on a lawyer to tell you he doesn't know, then you will need to apply for rehabilitation and see what cic says. if it's not necessary, then the application (and your fee) will be returned. if it is necessary, then it will be processed. otherwise, you are just going to continue to get "best guesses". even if a lawyer says yes or no, they can be wrong since they are not CIC and don't make the final decision.
 
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