Please Help Criminal Rehab advice

[Kenny773]

Hello all , first of all thanks for such a great forum lot of useful information here. Here is brief details about my situation. I was convicted in US by federal court in 2002 for 2 federal felony charges
1. Conspiracy to commit wire fraud (Section 18 USC 371) & 2: Money laundry 18 USC 1956(h) and 1956(a)(1)(B)(i) and was order deported to India.
And have another federal conviction in 2013 in Canada 1. fraud over $5,000 2. possessing property obtained by crime – [Section 354(1)(a)] 3. obstruction of justice – [Section139(2)]. I was after sentencing deported and found inadmissible. I am married to a Canadian Citizen and we are soon having a baby girl. We own a house and establish few businesses in Canada. However i am currently in Europe running my business. We just recently files a spousal application for PR and received a request for PCC for all the countries i have lived and medical request and now i am in process of filing the criminal rehab application. I wonder if someone has experience in getting rehab and finally were able to get the PR. and what are my chances of getting TRP to visit Canada atleast. My 5 year will be finished in 2018 November. Lawyer is now preparing for rehab application.Can anyone suggest any faster solution. Like bond , money or personal guarantee or anything else if not then how long you think it will take to get the PR if its actually possibly at the end.
Thanks Alot
I really appreciate anyone's effort to guide me

 

[spousalsponsee]

You cannot apply for rehabilitation until you are eligible to apply. This is five years after the completion of everything that was part of your sentence for the most recent offence. 'Money' will not get you there faster (and asking that question is worrying, considering what you were convicted of).

 

[scylla]

You can try applying for a TRP now - it's impossible for any of us to say if it will be approved. Given that you have more than one offense and the seriousness of those offenses, the changes are likely on the low side the TRP will be approved - however you can always try.

If the TRP is refused, you will need to wait for rehab to be processed before you can return to Canada. There is no alternative and no bond or personal guarantee you can provide instead. You will have to wait for rehab to be approved. Rehab can take anywhere from a few weeks to well over a year to process.

 

[scylla]

Re-reading your post...

You don't have a very good lawyer if he/she thinks the rehab application can be submitted now. It can't be submitted until November. You should have waited to file the PR application. There's some chance CIC might put it on hold - but more likely that your application will simply be refused since you don't even qualify for rehab yet - and then you'll have to do everything again from scratch.

Also, just to confirm, when did you complete all penalties / pay all fines related to your 2013 convictions? Was that in November 2013 or later? The five years starts from the date you complete all penalties / paid all fines - not from the date of the conviction.

 

[Kenny773]

Thanks for replying back to me and clarifying to me. I dont know why then my lawyer is asking me to prepare documents for my rehabilitation application if i can not apply right now. I am only eligible to apply in Nov 2018 . it will be 5 years then. The reason i asked to do the bond was . My wife and her family have established businesses in Toronto and they would be willing to put their businesses or our house as a bond. but its not possible as you and my lawyers mentioned. I was wondering if with these two convictions i mentioned above it is still possible to get rehab approved by 2019 or 2020. Me and my wife have been trying to settle in Europe or back in India but it seems very difficult to settle anywhere else then Canada( home for us) . she has all her family in Canada and i have been living in north america since very young age. We have invested in house and other businesses in Canada in hope that one day we can be back and live there. Since my deportation i have lived in India and have done significant charity work and involved myself in many non profit organisations. and now from past two years been living in Europe working and been paying taxes regularly. We just wanted to find out regardless of time ( whether it takes 2 or 3 more years) or regardless of even our rehab application get rejected few times as i have seen few people rehab gotten rejected. if eventually we will be approved and once approved can we for sure be able to return back. in short if at least one day its possible to return to Canada then we will just concentrate to come back and keep our hopes up. if not then instead of false hopes and wasting money with lawyers we will just move on to find a place (country) better fit to us forever. Thanks Again for your wise and experienced opinion. i really appreciate it and perhaps this will help others to find out about criminal rehab .

 

[Kenny773]

Thanks again Scylla for your response. I finish all my penalties in Nov 2013 and was deported after. in other words i was waiting for my trial without bail ( to prove my nonsense with all the papers and proofs proving that . all my co defenders business partners cases were dropped after many more years in trial except one culprit) and finally got tired of waiting and made a plea bargain after 27 months in Nov 2013 for timeserved on above charges without any probation and was deported right after. i did not have any fines. However the crown seized and made me sign the waiver for all the money from my business. i signed that i cant claim anything again. I also understand rehab means admitting to the guilt and showing remorse of the things you have done regardless of even if you were innocent but because i plead guilty i need to take the burden on me now and present remorse and show rehabilitation on my part and show clean record to increase my chances to get rehab approved. I will call my lawyer and ask why she thinks i need to apply rehab now when its not even 5 years yet. in the beginning i asked her too and she said at least you will have a presence of your case in immigration even though if they dont hold your case until you get rehab approved. and it will show that you really are working hard on coming back eventually. I dont know if her way of doing it was the right one. because initially we were waiting for 5 years to be past. another question is will reference letters from politicians or MLA from Canada will help in rehabilitation or PR application? Thanks Again

 

[canuck_in_uk]

And have another federal conviction in 2013 in Canada 1. fraud over $5,000 2. possessing property obtained by crime – [Section 354(1)(a)] 3. obstruction of justice – [Section139(2)].

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html#5312E2

Convictions / offences in Canada

If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon) from the Parole Board of Canada (PBC) before you will be admissible to Canada.


Fraud over $5000 is an indictable offence, which would mean that you are not eligible to apply for a record suspension until 10 years after completing your sentence.

 

[Kenny773]

Thanks for your reply and the information. I appreciate it highly. I am now actually more confused again. I had gone through this information before myself and also discussed with my lawyer. What i understand so far is there are two ways for me to come back to Canada. One is to apply for record Suspension ( formerly a pardon ) for pardon eligibility it was 5 year before. but now the law changed right around i was convicted (I heard they are reviewing it to make it back to 5 again) but now it is 10 years for indictable offence with new law ( called record suspension).

Or other option is to get Criminal Rehabilitation which i can apply in 5 years or can be deemed approved in 10 years. If i am right these are two ways and i can do either one to get back in Canada. or perhaps regardless if i do record suspension i still need to do Criminal rehab?

After establishing the facts with lawyer that if i get criminal rehab ( only criminal rehab without record suspension) and submit spousal application for PR. Sooner or later i will be admitted to Canada. Which is very important for us to know. Because we are making our business investments in Canada and buying house in Canada and so forth based on this hope. Otherwise although very difficult for us we will need to see where we can settle together and live happily. and drop the idea of ever seeing Home again. Canada is home for both of us. We are currently in Barcelona Spain.
Thanks for reading and replying back with your opinion and knowledge.

 

[canuck_in_uk]

Thanks for your reply and the information. I appreciate it highly. I am now actually more confused again. I had gone through this information before myself and also discussed with my lawyer. What i understand so far is there are two ways for me to come back to Canada. One is to apply for record Suspension ( formerly a pardon ) for pardon eligibility it was 5 year before. but now the law changed right around i was convicted (I heard they are reviewing it to make it back to 5 again) but now it is 10 years for indictable offence with new law ( called record suspension).

Or other option is to get Criminal Rehabilitation which i can apply in 5 years or can be deemed approved in 10 years. If i am right these are two ways and i can do either one to get back in Canada. or perhaps regardless if i do record suspension i still need to do Criminal rehab?

After establishing the facts with lawyer that if i get criminal rehab ( only criminal rehab without record suspension) and submit spousal application for PR. Sooner or later i will be admitted to Canada. Which is very important for us to know. Because we are making our business investments in Canada and buying house in Canada and so forth based on this hope. Otherwise although very difficult for us we will need to see where we can settle together and live happily. and drop the idea of ever seeing Home again. Canada is home for both of us. We are currently in Barcelona Spain.
Thanks for reading and replying back with your opinion and knowledge.

No, there are not two ways for you to apply to come to Canada.

As clearly stated on the IRCC website, you are required to first obtain a record suspension, then to apply for rehabilitation. You can't bypass either step. As you were convicted of an indictable offence, under the current rules, you can't apply for a record suspension until Nov 2023. You are looking at 2024 at the earliest that you could apply for rehabilitation.

Your convictions are quite serious, so I doubt you will be granted a TRP. You should be planning your life outside of Canada for now.

 

[Kenny773]

Thanks for the advice. I think you are right i need to confront these facts with my lawyer and ask if in realty its not possible or have very thin chances then we need to not waste money and energy and have false unrealistic hopes and expectations now and wait when we have the eligibility.
Pleasant day to you

 

[Raoul1865]

Any one any updates? Timeline................

23rd April 18- Applied @ the Canadian High Commission in Sydney Australia

I have been given a file number and told 2-8 months processing times already going to be 5 months. I thought the process was much faster in Australia.

Would appreciate if any one will share their recent experience please.

 

[Seerat Badesha 02]

Hello all
What are the chances of rehab approval if the sentence is not served or fine is not paid for the offence of theft and burglary?? It happened in