Partner inadmissibility

[BenOuni]

Hey guys need some advice here.
I have an invitation to apply in express entry, I'm a US citizen but my partner who is a legal resident in the US is charged with marriage fraud for her previous marriage 10 years ago, unfortunately the charges were only laid last year(Nov 2019) so the charges are recent but she has not seen a judge yet, at this point it's only uscis accusations and because of the statute of limitation they didn't charge her criminally they are only trying to take away her green card so this is only immigration violation and not criminal, we plan to fight these charges in court, in the meantime I would like to know if this would affect our application for PR in Canada, I also need a good attorney reference.
I talk to some attorneys but I would like a second opinion, I need some one who can offer free opinion first before I can schedule a consultation, I can't schedule a consultation if it's not worth it. Need to know if we stand any chance then we can either hire or schedule a payable consultation.

 

[scylla]

Hey guys need some advice here.
I have an invitation to apply in express entry, I'm a US citizen but my partner who is a legal resident in the US is charged with marriage fraud for her previous marriage 10 years ago, unfortunately the charges were only laid last year(Nov 2019) so the charges are recent but she has not seen a judge yet, at this point it's only uscis accusations and because of the statute of limitation they didn't charge her criminally they are only trying to take away her green card so this is only immigration violation and not criminal, we plan to fight these charges in court, in the meantime I would like to know if this would affect our application for PR in Canada, I also need a good attorney reference.
I talk to some attorneys but I would like a second opinion, I need some one who can offer free opinion first before I can schedule a consultation, I can't schedule a consultation if it's not worth it. Need to know if we stand any chance then we can either hire or schedule a payable consultation.

As long as there are no criminal charges then I don't see an issue from a Canadian perspective.

I believe fraud results in a lifetime ban from the U.S. So I would strongly recommend that your partner resolve these charges before leaving the U.S.

This forum is paid for by a Canadian immigration lawyer. Contact info is in the top left hand corner of the screen.

BTW: None of us here are lawyers. We are nomral people like you. So any opinions here are just that - opinions from normal people on a forum who are not immigration professionals.

 

[BenOuni]

As long as there are no criminal charges then I don't see an issue from a Canadian perspective.

I believe fraud results in a lifetime ban from the U.S. So I would strongly recommend that your partner resolve these charges before leaving the U.S.

This forum is paid for by a Canadian immigration lawyer. Contact info is in the top left hand corner of the screen.

BTW: None of us here are lawyers. We are nomral people like you. So any opinions here are just that - opinions from normal people on a forum who are not immigration professionals.

Thanks alot Scylla for your input,
You are correct, if not fixed before leaving the country, marriage fraud in the US result in a lifetime ban, fortunately she has many options to remedy this with removal cancellation, waivers, adjustment of status, asylum etc... So yeah we will make sure to fix this before we leave.
I know you're not a lawyer but the reason I'm posting it on public forums like this one is maybe some one who had a similar case or someone who knows someone with a similar case could provide info on how their PR application went with irc, so yeah your "regular people opinion" matters to me more than you imagine.
As far as attorneys on this forum, I tried to call the number they have indicated for free consultation but got to the voicemail and never heard back, maybe I'm just not being patient enough.
I talked to some attorney in Ottawa on a paid consultation and she told me some cases are approved some are not, it just depend on the immigration officers and she advised me to wait until the case in the US is solved...Well the provincial nominee I have is only valid for a year LOL, with the pandemic, all court apartments are delayed and I don't see her seeing the judge before next year.

 

[canuck78]

Thanks alot Scylla for your input,
You are correct, if not fixed before leaving the country, marriage fraud in the US result in a lifetime ban, fortunately she has many options to remedy this with removal cancellation, waivers, adjustment of status, asylum etc... So yeah we will make sure to fix this before we leave.
I know you're not a lawyer but the reason I'm posting it on public forums like this one is maybe some one who had a similar case or someone who knows someone with a similar case could provide info on how their PR application went with irc, so yeah your "regular people opinion" matters to me more than you imagine.
As far as attorneys on this forum, I tried to call the number they have indicated for free consultation but got to the voicemail and never heard back, maybe I'm just not being patient enough.
I talked to some attorney in Ottawa on a paid consultation and she told me some cases are approved some are not, it just depend on the immigration officers and she advised me to wait until the case in the US is solved...Well the provincial nominee I have is only valid for a year LOL, with the pandemic, all court apartments are delayed and I don't see her seeing the judge before next year.

2

Would follow the lawyer's recommendation.