Spousal sponsorship both in USA, US spouse has DUI from over 10 years ago.

[irenick]

Hello,

I am a Canadian citizen living with my American husband and our two children (who were born in the US but have their Canadian passports). I am currently completing the spousal sponsorship application from abroad, and need some guidance on how to proceed with the Schedule A questionnaire. My husband got a DUI back in 2004 (which has been removed from the record because it has been more than 10 years). Should we note that he had a conviction even though it is off the record? If so, what are the possible implications for the application? Thanks in advance for your help.

 

[ninahaddad]

Hello,

I am a Canadian citizen living with my American husband and our two children (who were born in the US but have their Canadian passports). I am currently completing the spousal sponsorship application from abroad, and need some guidance on how to proceed with the Schedule A questionnaire. My husband got a DUI back in 2004 (which has been removed from the record because it has been more than 10 years). Should we note that he had a conviction even though it is off the record? If so, what are the possible implications for the application? Thanks in advance for your help.

Did you ever get anywhere with this? We are in the same situation. Hubby's dui's are from 2001

 

[scylla]

You must mention the DUIs in the application. Failure to do so is misrepresentation which could land your husband a 5 year ban from Canada. It's quite possible / likely your husband will have to go through the rehabilitation process before his PR application can be approved. Effectively this means additional fees and longer processing times.

 

[ninahaddad]

You must mention the DUIs in the application. Failure to do so is misrepresentation which could land your husband a 5 year ban from Canada. It's quite possible / likely your husband will have to go through the rehabilitation process before his PR application can be approved. Effectively this means additional fees and longer processing times.

We mentioned them - we attached Schedule A and the FBI police report to the application. We typed up an explanation as well - he stopped drinking some years ago completely - did rehab here amd served his 3 months sentence back in 2001. He was in his 20s... He is now 46 and grown up You still think they will ask for more rehab?

 

[scylla]

We mentioned them - we attached Schedule A and the FBI police report to the application. We typed up an explanation as well - he stopped drinking some years ago completely - did rehab here amd served his 3 months sentence back in 2001. He was in his 20s... He is now 46 and grown up You still think they will ask for more rehab?

Yes - it's still quite possible they will ask for rehab - especially given it was more than one DUI and there was a 3 month sentence. Nothing you can do but wait and see.

 

[canuck_in_uk]

We mentioned them - we attached Schedule A and the FBI police report to the application. We typed up an explanation as well - he stopped drinking some years ago completely - did rehab here amd served his 3 months sentence back in 2001. He was in his 20s... He is now 46 and grown up You still think they will ask for more rehab?

To clarify, a Rehabilitation application, not actual rehab treatment. http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

 

[KBH]

To clarify, a Rehabilitation application, not actual rehab treatment. http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

Here’s some helpful info from that link that applies here:

Convictions / offences outside Canada
If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility

• by applying for rehabilitation, or
• you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.

If the offence is one that would, in Canada, be prosecuted summarily, and if you were convicted for two (2) or more such offences, the period for rehabilitation is at least five (5) years after the sentences imposed were served or are to be served.

 

[ninahaddad]

Thank you - yes Rehab Application. We'll see if they ask for it - for now we just sent in the main application along with Schedule A and FBI report...

Here’s some helpful info from that link that applies here:

Convictions / offences outside Canada
If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility

• by applying for rehabilitation, or
• you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.

If the offence is one that would, in Canada, be prosecuted summarily, and if you were convicted for two (2) or more such offences, the period for rehabilitation is at least five (5) years after the sentences imposed were served or are to be served.