lawyer or no lawyer?

[del16]

Hello guys,

I wanted to ask your advise, we are in the process of preparing our application and were thinking of getting a lawyer, but after calling and talking to different immigration offices, it seems they call charge around 3500-5000 per application and it seems that the application is prepared by paralegal not even a lawyer!!!

Do you have any suggestions? We have semi-complicated case ( expunged DUI and one previous marriage) any advise would be highly appreciated.

Thank you

 

[rhcohen2014]

don't use a lawyer. this forum is all you need. there are many people on here with similiar experiences who can guide you properly. there are a lot of posts about attorneys not being helpful, some even screwing up the application.

 

[Impresso]

I agree - use the forum - Do not bother with a lawyer, just a waste of money.

 

[Alurra71]

Hello guys,

I wanted to ask your advise, we are in the process of preparing our application and were thinking of getting a lawyer, but after calling and talking to different immigration offices, it seems they call charge around 3500-5000 per application and it seems that the application is prepared by paralegal not even a lawyer!!!

Do you have any suggestions? We have semi-complicated case ( expunged DUI and one previous marriage) any advise would be highly appreciated.

Thank you

The previous marriage is not going to be an issue for you at all. The only hiccup I can see from what you wrote here is the DUI. In Canada a DUI is a criminal offense and makes a person inadmissible to Canada. You will need to fill out the criminal rehabilitation forms for your spouse to remedy the DUI issue. Those can be a bit of a pain to do from what I have read/seen so you MIGHT require assistance in that department however if the rest of it is cut and dried, I see no reason you can't fill those out by yourself. I would start by searching these forums for the criminal rehab paperwork first, if I were you.

 

[rhcohen2014]

on top of what allura said, i would search specifically for "expunged DUI". I believe there is a recent member on this forum from the US who has just dealt/ or is dealing with this.

 

[del16]

Thank you for your answers, I will def look more into that topic. i was wondering do i still need to fill criminal rehab papers if DUI was NOT convicted.

 

[Alurra71]

Thank you for your answers, I will def look more into that topic. i was wondering do i still need to fill criminal rehab papers if DUI was NOT convicted.

That is a touchy subject. The DUI arrest is still listed on his record, correct? Did it go to court and he was found not guilty? There are back and forth questions regarding things of this nature because usually they STILL show up on a records search and always must be answered to.

Where is your spouse from? You could maybe base a case on how the PCC's look for your spouse and include documentary evidence along with a standard application stating what happened, and how he was not in fact convicted. Usually 'expunged' means that he was convicted, but now it no longer shows on his record because he has completed the sentence, it has passed a certain time frame, he was under age or he plea baragained and received a lesser penalty instead. Many reasons for something to be 'expunged' but it really depends on those reasons.

 

[del16]

There was a court that pretty much stated since its the first time offence and you take ARD course (alcohol rehabilitation driving or something like that), license will be suspended for 1 month, and case will be expunged. We didnt do FBI certificate yet, but im sure it'll show arrest. Do you think it's better also request state police certificate as well?

 

[del16]

Ah, forgot to mention we did FBI police certificate through FBI third party(the one you can get within few days) we did it just to see what it shows and strange enough it says " no prior arrest".

 

[ilovepvr]

Hello,

I am going through the criminal rehabilitation with my husbands sponsorship case. We have a complicated case so we need a lawyer, but I think in your case if it is just the one issue you should be fine without a lawyer and just using this forum. It is very helpful! And I have found alot of the people here are more knowledgable about the process than some lawyers lol.

I would suggest getting the FBI certificate done directly through the FBI because they won't accept the FBI cert. done through a third party. If you are going to have to go through the criminal rehabilitation process, you will HAVE to get state police certificates as well and any supporting court documents.

 

[Alurra71]

Ok, so he essentially did a plea bargain. The DUI is still going to show up on a CIC background check and you will STILL need to answer for it. It wouldn't show up on a FBI sheet anyhow as it's not a federal offense. I would go ahead and get a state clearance for him as well and take a look and see what it says. That is where this record would be. Even if that clearance comes up clean, you are still going to have to tell CIC about his DUI arrest and such. Obviously he has done what was required of him and such, it's a matter of how Canada will treat this offense now.

How long ago did this happen? I am still thinking he might have to file for criminal rehab, but I might be totally off base on this. As I said, it will still have to be listed in the part of his application where it asks if you have ever been arrested or convicted of a crime, blah blah blah and asks for details in regards to that. As soon as he checks "yes" and answers it was for DUI that is where the problem will occur. Even though he pled out and did other things to have it 'expunged' I am willing to bet it is still there and even if he doesn't mention it and then CIC finds it they will accuse him of misrepresentation and that will throw a whole NEW wrench into your ballgame. One that you don't even want to begin to deal with.

The big question is whether or not to file for criminal rehab or not based on what shows up.

I really would get his state PCC and see what it shows. If it shows nothing, then I would go ahead and file regular sponsorship paperwork. I would note what I was arrested for and such then attach a separate explanation sheet stating EXACTLY what happened, what was pled, what the penalty was and what the results of it all was. Attach court documents if he has them or if he had a lawyer, ask them for case file on it. Attach it ALL. If CIC then still requires a criminal rehab I would think they will ask for it. If they accept his explanation and his attached files (photocopies should be fine) then they will continue the process as normal. Just make sure you absolutely disclose it even if it doesn't show up anywhere. Do NOT risk a misrepresentation label.

 

[bartjones]

Maybe the OP can tell us how long ago this all happened. That will tell you whether he is eligible for criminal rehabilitation, needs to apply or is deemed to be rehabilitated.

I agree with the other posters. Regardless of what his criminal background check says, you will need to disclose the DUI to CIC and then deal with it appropriately. Misrepresentation is a much bigger problem than the DUI, so be up front about it and you'll be fine.

If you do need to do the criminal rehabilitation application you should know that those applications can be filed at a US/Canada port of entry where they are typically processed much faster. If he is near a US/Canada border crossing I would recommend filing the criminal rehab application there. In some places they are processed in as little as a few weeks.

 

[del16]

It was less than 5 years ago so i believe we are not eligible for criminal rehabilitation

 

[bartjones]

How much less than 5 years?

 

[del16]

DUI happened 2011, and expunged in august 2012