TRP-anyone experienced with this? Spouse inadmissable b/c criminality

[ilovepvr]

Hello all,

So looks like my husband is not going to be eligible for Criminal Rehabilitation for another 4 years He was arrested by homeland security in USA trying to cross from mexico into USA illegally. at first I was advised by one lawyer this wouldnt be a problem because its not a federal crime, it is an immigration crime but now im with a different lawyer who says nope...it does count. So we will try to apply for TRP and pray that it is approved.

Have any of you had any experience with TRP with sponsorship??? Any luck??

 

[Alurra71]

Hello all,

So looks like my husband is not going to be eligible for Criminal Rehabilitation for another 4 years He was arrested by homeland security in USA trying to cross from mexico into USA illegally. at first I was advised by one lawyer this wouldnt be a problem because its not a federal crime, it is an immigration crime but now im with a different lawyer who says nope...it does count. So we will try to apply for TRP and pray that it is approved.

Have any of you had any experience with TRP with sponsorship??? Any luck??

Why would you be filing a TRP with your sponsorship? You do realize a TRP is a temporary residence permit. If your spouse was arrested in the USA then be sure to disclose that on his sponsorship forms. It might not be criminal inadmissability, however it will raise red flags about a marriage of convenience since it is apparent he doesn't want to be in Mexico.

 

[scylla]

Why would you be filing a TRP with your sponsorship? You do realize a TRP is a temporary residence permit.

If he does not qualify for rehabilitation - then a TRP is the only thing he can apply for if he wants to be allowed to enter Canada.

 

[mikeymyke]

Very low chance he will get a TRP, as they're only issued under special circumstances, such as death of a parent in Canada and he wants to go to the funeral. Visiting his wife doesn't sound like a very good reason to give a TRP.

 

[dave mac200]

Hello everyone
I was in same boat you are but the VO advised me TRP wouldn't process before immigrant application if the sponsorship application refused because of the criminal charged then they will process the TRP but you must apply first sponsorship application first as soon you get SA then your file transfer to VO then righ way file the TRP and pay the fees Note if you approved your sponsorship application as PR, then you wouldn't get the fees back for TRP .
Thank you that's my experience

 

[bartjones]

My wife applied for a TRP and was refused. You have to be able to show a compelling reason why you need to be in Canada. Unfortunately the simple fact that you want to be together during the processing of your PR application, in and of itself, is not considered very compelling. In the absence of some pressing need for him to be with you in Canada I think your chances are slim to none.

I would wonder at this stage whether he is in fact criminally inadmissible. His attempt to illegally enter the US may constitute a crime in the US, but it's not clear to me that it constitutes a criminal offence here in Canada. If there is no equivalent offence here in Canada, then he may not be criminally inadmissible after all. The first lawyer you spoke to may well be right.

It might be helpful to know exactly what his US criminal background check disclosed. Exactly what was he convicted of?

 

[mikeymyke]

I would wonder at this stage whether he is in fact criminally inadmissible. His attempt to illegally enter the US may constitute a crime in the US, but it's not clear to me that it constitutes a criminal offence here in Canada. If there is no equivalent offence here in Canada, then he may not be criminally inadmissible after all. The first lawyer you spoke to may well be right.

It might be helpful to know exactly what his US criminal background check disclosed. Exactly what was he convicted of?

He didn't just enter illegally, he had a DUI while he was in the US illegally. So yeah, very much inadmissible.

 

[bartjones]

He didn't just enter illegally, he had a DUI while he was in the US illegally. So yeah, very much inadmissible.

I see. If that's correct, the DUI is definitely a game changer and he will be inadmissible.

 

[scylla]

I see. If that's correct, the DUI is definitely a game changer and he will be inadmissible.

The DUI was long enough ago that he qualifies for rehab on this item alone. So it's only the illegal entry that's at issue.

 

[bartjones]

The DUI was long enough ago that he qualifies for rehab on this item alone. So it's only the illegal entry that's at issue.

Okay, so we're back to what I said earlier. He should be able to get rehabilitated on the DUI. Until that happens he will continue to be inadmissible and probably won't have much success on a TRP application.

He may or may not be inadmissible on the illegal entry. It will all depend on what exactly he was convicted of in the US and whether there is an equivalent criminal offence under Canadian law. Until the OP posts that information, there's just no way of knowing.

 

[ilovepvr]

Yes scylla...the DUI the sentencing for that has been over 5 years now....So it is just the illegal re-entry that is the issue.
And it seems some people are saying the illegal re-entry is not a crime in canada but then some are saying it is. And looks like the lawyer is not sure either....*sigh* I wonder if I can call CIC to ask? lol probably not

And the reason for him trying to re-enter the USA was because of a family emergency. He has kids in California and there was a problem.....He actually doesnt mind staying in Mexico...Its me who doesnt want to live there...I love it there but only for vacations lol

 

[ilovepvr]

Thanks Bartjones

I guess I will have to wait on the FBI check to determine exactly what the charge is called for the illegal re-entry and then figure out what that equates to in canadian laws?

 

[bartjones]

Thanks Bartjones

I guess I will have to wait on the FBI check to determine exactly what the charge is called for the illegal re-entry and then figure out what that equates to in canadian laws?

Yes. Post it here when you get it and we can take a look. A quick perusal of the Criminal Code suggest that it's not a crime in Canada, so the first lawyer you spoke to might be right.

Have you applied for criminal rehabilitation on the DUI? If not, I'd do that ASAP. Those applications can take a very long time to get processed.

I wouldn't bother calling the CIC help line on this one. They're not going to give you any reliable information on an issue as complicated as this and whatever they tell you will probably just confuse you further..

 

[rhcohen2014]

Yes. Post it here when you get it and we can take a look. A quick perusal of the Criminal Code suggest that it's not a crime in Canada, so the first lawyer you spoke to might be right.

Have you applied for criminal rehabilitation on the DUI? If not, I'd do that ASAP. Those applications can take a very long time to get processed.

the OP mentioned above they aren't eligible for rehabilitation for another 4 years.

 

[ilovepvr]

the OP mentioned above they aren't eligible for rehabilitation for another 4 years.

if the illegal re entry is not a crime in canada then he is okay to apply for criminal rehab.

If the illegal reentry is an issue then its gonna be another 4 years....

Thanks Bartjones!!!!! You shed some light on my day And yes I will post once I find out

thanks everyone!!!