Record in USA affect on Spousal PR from within Canada?*complicated,PLZ advise*

[ACS]

My question is simple, however there's lots of background as it's somewhat complicated.


Question: How will my husband's record from the USA (info below) affect the decision on our Permanent Residency Application?

Background info:
My husband and I have known each other for 7.5 years, will be married for 4 years this summer, and our (only) son is 2.5 years old and born here in Canada.

My husband came to Canada with me on a Visitor Visa in 2010. During the visit we changed our plans and decided not to return to the Dominican Republic where we were living and to stay in Canada. Our first son was born while his Visitor Status was still valid and we were working on PR papers. I had complications from the C-Section and stayed in the hospital until just about the time his status was expiring.

We sent in a request for extension (online) so we could finish the papers the day before his status expired. So according to the CIC website he would be on Implied Status. A month later we got an email saying it was transferred to Etobicoke. We never heard from them again.

With my recovery, life being busy (new son!), plus moneywise (the application is pretty expensive when I couldn't work due to the complications, and my husband of course unable to work, we live with my family and relied on their support), and also since he has lived all over the world we have had trouble getting ALL of his Police Record checks (from 4 different countries) in and valid at the same time.

Until now we have been able to get it all together at the same time, and afford to send it in (now that I am working – 2 jobs).

We have been advised by reps at CIC Call Center, as well as on the CIC website, that technically it doesn't matter his legal status in Canada, and that regardless he is still considered on Implied Status, although we should have followed up sooner. They now apparently have no record of our Visitor Visa Application, and we can't sign in on the site anymore, but we DO have the emails that came to advise us our application was received and forwarded for processing.

My husband had a Visitor Visa in Canada back in 2005 (right before we knew each other or were married). He crossed illegally into the USA to be able to see his adoptive mother. He was convicted and did his time (3 months) and then left the USA voluntarily. He was given a certain amount of time to leave the USA of his own accord, which he did, therefore he was not deported.

The FBI record check says the following:
Arrested or Recieved 2005/03/11
Charge 1 - Deportable Alien

Arrested or Recieved 2005/03/15
Charge 1 - Illegal Entry

Guility Plea 4/5/05 - Sentenced Time Served



Can this record from the USA affect the decision for PR? Clearly it has been dealt with, and the time served. We are a legitimate couple (with proof of all the 7.5 years we've been together, and our son being born here)...the problem was with the USA, not Canada.

 

[papirico]

The problem is he's been caught doing something illegal (and served time for it) no matter where the offense took place at. And worse, it's in the police record (FBI no less).
I would consult with an immigration lawyer before applying.

 

[ACS]

Thank you VERY much for your reply, it's very much appreciated.

The problem is that we are struggling to afford the costs of the Application, let alone a lawyer.

So we were hoping to get some good information here!

We are in the middle of moving houses as well, so money is really tight, but we HAVE to get this application in, it's been dragging long enough as you can see!

 

[amikety]

Thank you VERY much for your reply, it's very much appreciated.

The problem is that we are struggling to afford the costs of the Application, let alone a lawyer.

So we were hoping to get some good information here!

We are in the middle of moving houses as well, so money is really tight, but we HAVE to get this application in, it's been dragging long enough as you can see!

Go to Google and search your city name and immigration help. Most metro areas have free or reduce cost legal services for immigrants. They won't do the application for you (although they may review it) and it can be slow to get an appointment, but they can also be extremely helpful.

 

[Sweden]

There are quite a lot of sponsors that successfully brought their spouses to Canada even if they had been living out of status in the US.
In your case, it might slow down a little but it shouldn't be a very big issue. He left before being deported, he served the sentence and didn't escape, which will play in his favor. Also - that was quite a while ago. If you were just getting married, it could look like he was marrying you for a visa, but it's obviously not the case. Also - he was legally in Canada, and crossed into the US illegally, not the other way around. While the US might have a problem with that ( and obviously they did), he didn't do anything illegal in Canada.

Also - the type of offense is related to immigration obviously, but is not a very big issue because he won't be likely to overstay his visa once he gets a PR - so that should come into play. You might want to have a look at rehabilitation http://www.cic.gc.ca/english/information/inadmissibility/rehabilitation.asp and see what applies in your case.

Since he is already in Canada now, I don't think it applies, but since I don't know much about the dates etc, you might want to check.

Good luck,
Sweden