Is immigrating to Canada a possibility for someone in my position?

[dannyk138]

Hi all,

I was deported from the U.S. over 6 years ago for an aggravated felony. Would I be automatically rejected if I applied to immigrate to Canada?
If anyone could help me out that'd be great, thanks.

Also, my brother-in-law, who is currently residing in the U.S. is a Canadian citizen. His wife (my sister) is a U.S. citizen, as is my entire family.

 

[zardoz]

Hi all,

I was deported from the U.S. over 6 years ago for an aggravated felony. Would I be automatically rejected if I applied to immigrate to Canada?
If anyone could help me out that'd be great, thanks.

Also, my brother-in-law, who is currently residing in the U.S. is a Canadian citizen. His wife (my sister) is a U.S. citizen, as is my entire family.

Depending on exactly what the offence was, and the sentence, you might well be inadmissible at the moment. Your family ties will not make any difference. More details required if you want a more complete answer.

 

[dannyk138]

Hi and thnx for getting back to me so quickly. I'm not very proud of what I did so I'd rather not be to specific but I served 5 years and some change in prison. Official sentence was 6 years but I was released early on good behavior.

 

[zardoz]

Hi and thnx for getting back to me so quickly. I'm not very proud of what I did so I'd rather not be to specific but I served 5 years and some change in prison. Official sentence was 6 years but I was released early on good behavior.

The problem is this... It doesn't matter what the offence and sentence are in the USA. It's how that offence translates to the Canadian Criminal Code and what the sentence is in Canada. it's on THIS basis that you would be deemed inadmissible, not what the USA says. Hence the requirement for more specific details. If you want to try and match up the offence to the Canadian equivalent for yourself, that's fine. Start here... http://laws-lois.justice.gc.ca/eng/acts/C-46/ Then follow up with http://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-36.html and http://www.cic.gc.ca/english/resources/manuals/enf/enf01-eng.pdf

 

[dannyk138]

Hey zardoz, pm

 

[zardoz]

Hey zardoz, pm

Read and understood. For this reason, I'll give a generalised response for the benefit of anyone else reading this thread.

You are almost certainly inadmissible at the moment. All is not lost however for the future as there is a mechanism to deal with this situation. You need to take a look at http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp on the assumption that you are currently inadmissible. You would not be eligible for "Deemed rehabilitation" but you may, after a suitable period attempt to proceed with the "Individual rehabilitation" route. It's possible, given your timeline, that you may be very close to the time elapsed that is required to start the process but you are probably going to need professional help in Canada to get this sorted out. I think it's outside the scope of the forum now... Good luck!

 

[dannyk138]

Thank you so much for your time.