Misrepresentation help

[Eliza67]

Hi,
I have previously posted on here but now have an update. In short, I am applying for the IEC work visa for Canada. In 2012 I received two infractions for disturbing the peace; public intoxication, in California. When I was arrested I was initially given two misdemenours, I went to court, paid a fine and plead no contest to two infractions for disturbing the peace; public intox. Upon getting this the attorney advised me it was akin to a parking ticket and going forward it would not effect my future; and to answer no to any questions re: criminal offences.

I did this for my eTA , re the following question: Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/ territory? .... i said No ! since infractions are public offences and not criminal. Now I am tripping myself up over the semantics because I initially was infact arrested?? My FBI background report came back showing the two arrests and now I feel like I am looking MISREPRESENTATION in the face. Whilst I understand public intoxication would never have made me inadmissible and that it wouldn't of posed an issue, I am scared I'll now be banned. I have read online that 'misunderstanding' such questions isn't valid for innocent misrepresentation.

Do I need a lawyer or shall I just give up on this all together?

thanks

 

[21Goose]

You were arrested by the police, convicted by a court, this is on your FBI record, and you didn't answer the question honestly. No, misunderstanding isn't really accepted as a excuse.

If I'm reading your question correctly, you previously applied for an ETA where you didn't answer this question correctly, and now you are going to apply for a IEC visa? If that is the case, you have to make sure this application (and any future application) is complete, correct, and accurate. You can't do anything about your prior applications now. You should also talk to an immigration lawyer - the details of your case matter, and a lawyer can tell you whether you need to apply for rehabilitation (I don't think you do, but I'm not an immigration attorney).

If you have already applied and didn't answer correctly, you can expect a denial and potentially a five-year ban.

 

[zabrodov]

You were arrested by the police, convicted by a court, this is on your FBI record, and you didn't answer the question honestly. No, misunderstanding isn't really accepted as a excuse.

If I'm reading your question correctly, you previously applied for an ETA where you didn't answer this question correctly, and now you are going to apply for a IEC visa? If that is the case, you have to make sure this application (and any future application) is complete, correct, and accurate. You can't do anything about your prior applications now. You should also talk to an immigration lawyer - the details of your case matter, and a lawyer can tell you whether you need to apply for rehabilitation (I don't think you do, but I'm not an immigration attorney).

If you have already applied and didn't answer correctly, you can expect a denial and potentially a five-year ban.

The question states "Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/ territory?", meaning Have you ever committed (a criminal offence), been arrested for (a criminal offence), been charged with (a criminal offence) or convicted of a criminal offence?

If arrest was not for a criminal offence, why would you answer "yes"?

 

[21Goose]

The question states "Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/ territory?", meaning Have you ever committed (a criminal offence), been arrested for (a criminal offence), been charged with (a criminal offence) or convicted of a criminal offence?

If arrest was not for a criminal offence, why would you answer "yes"?

Because Public Intoxication is a crime in California. It is defined in the Penal Code of California. That makes it a crime. A misdemeanour is still a crime.


https://www.criminaldefenselawyer.com/resources/misdemeanor-crimes-classes-and-penalties.htm

In all states and under the federal criminal code, a misdemeanor is a crime punishable by incarceration and, sometimes, a fine. A misdemeanor is less serious than a felony, but more so than an infraction (which typically does not involve jail time). Many states classify their misdemeanors by grouping the more severe crimes into class A (or level 1), class B (or level 2), and so on. Some states use other terms for each level, such as “misdemeanor,” and “gross misdemeanor.”


https://codes.findlaw.com/ca/penal-code/pen-sect-647.html

Penal Code 647(f) PC is the California statute that defines the crime of "drunk in public" (or "public intoxication") law. Specifically, this section states that

"Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor...(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way"

 

[subodhp]

If anything, learn a lesson to be truthful in your application. You probably did more harm by misrepresenting than by just stating your past charges.