Inadmissible IEC...INFRACTIONS? Misrepresentation?

[Eliza67]

I have two issues here and hope I don't get too scolded. Firstly, I have just visited Canada on eTA for the past couple of months, I had a great time and decided to go ahead with IEC visa as I am eligible - or so I thought. When completing the form for the eTA on the question : Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/ territory? - I answered no, because to my knowledge I have never been convicted of a criminal offence. I did however get arrested in college in California and receive two infractions for 'drunk in public' . I interpreted this question to be, have I been charged with a criminal offence - the answer to which, (at least so I think) is NO as an infraction is a public offence and not a criminal offence- this is what I was told at the age of 21 when I paid the fine and forgot about the whole incident.

Now I need to get an FBI identity summary and this was all well and good until I saw that sometimes arrests for infractions will show up. I am nauseated by this because it casts me as having lied or misrepresenting myself for my eTA?? I am awaiting my FBI report and am sick with anticipation. If its shows up on there (this all happened in 2012) I will need to declare it on my IEC application, I wouldn't have been so concerned with this had I not said no to criminal offences in the first application.

Am I totally screwed? I feel so sad that this whole thing is coming back to potentially bite me. I wholeheartedly answered that first question with a NO because I never thought of the infractions for partying as criminal offences and now I am concerned I have really damaged my future

also for further clarification there were two infractions ; disturbing the peace- PUBLIC INTOXICATION .. not sure if the Canadian equivalent would of made me inadmissible from the get go.

Thanks

 

[PMM]

Hi

I have two issues here and hope I don't get too scolded. Firstly, I have just visited Canada on eTA for the past couple of months, I had a great time and decided to go ahead with IEC visa as I am eligible - or so I thought. When completing the form for the eTA on the question : Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/ territory? - I answered no, because to my knowledge I have never been convicted of a criminal offence. I did however get arrested in college in California and receive two infractions for 'drunk in public' . I interpreted this question to be, have I been charged with a criminal offence - the answer to which, (at least so I think) is NO as an infraction is a public offence and not a criminal offence- this is what I was told at the age of 21 when I paid the fine and forgot about the whole incident.

Now I need to get an FBI identity summary and this was all well and good until I saw that sometimes arrests for infractions will show up. I am nauseated by this because it casts me as having lied or misrepresenting myself for my eTA?? I am awaiting my FBI report and am sick with anticipation. If its shows up on there (this all happened in 2012) I will need to declare it on my IEC application, I wouldn't have been so concerned with this had I not said no to criminal offences in the first application.

Am I totally screwed? I feel so sad that this whole thing is coming back to potentially bite me. I wholeheartedly answered that first question with a NO because I never thought of the infractions for partying as criminal offences and now I am concerned I have really damaged my future

also for further clarification there were two infractions ; disturbing the peace- PUBLIC INTOXICATION .. not sure if the Canadian equivalent would of made me inadmissible from the get go.

Thanks

1. Public intoxication is not a criminal code offense in Canada.

 

[Eliza67]

Hi



1. Public intoxication is not a criminal code offense in Canada.

I understand this but in America when I first went to court it was a misdemour , the judge then just gave me a no contest fine for a civil offence - public intoxication. After reviewing the question it says was I ever arrested for a criminal offence, the outcome was not criminal but civil however initially I think it was? I am going own rabbit hole after rabbit hole but am now concerned that when I checked no on my eTA it will be interpreted as misrepresentation since my FBI background check reflects two arrests in 2012... Thank you so much for any insights

 

[Buletruck]

Personally, when you apply, if they show up on the FBI report (and possibly even if they don’t) include an explanation and detail why you answered the way you did on the eTA. There is a difference between innocent misrepresentation and wilfully misrepresentation. In many cases, misrepresentation is avoided if IRCC is made aware of the discrepancy before they find it. My 2 cents.

 

[Eliza67]

Personally, when you apply, if they show up on the FBI report (and possibly even if they don’t) include an explanation and detail why you answered the way you did on the eTA. There is a difference between innocent misrepresentation and wilfully misrepresentation. In many cases, misrepresentation is avoided if IRCC is made aware of the discrepancy before they find it. My 2 cents.

Thank you, would you advise consulting a lawyer or simply including a written statement in my application. I still don't even know whether to answer yes or no for that question - could I explain that I am unsure, but for the intent and purpose of including relevant documents just write yes? ugh so stressed about it. Would I literally say it was innocent misrep, or not even mention that?

thanks so much