Trying to apply refugee in Canada with US criminal background -NEED ADVICE

[eagles34]

hi all;

i had a criminal case back in USA in 2012, and i left USA by fear and returned my home country. the last situation is the case finalised and shows "Fugitive File".

i'm thinking to apply canada refugee program due to issues in my country. i wonder if my refugee application will go through in spite of this us criminal record.

my background from my home country is clear, and there is only this criminal case issue from USA background.

i also have canadian visitor visa, i visited canada couple of times. i had no issues during entry or departure to canada. i'm thinking to come canada and apply refugee program, i'm eligible as a person and as my conditions. the only barrier is this USA background issue.

and i wonder if i am able to get TRP and than apply for pardon or rehabilitation to get PR.

PLEASE ADVICE WHO HAS KNOWLEDGE ON THIS...

Thanks

 

[scylla]

You definitely don't qualify for rehabilitation - so that's out. Same with the pardon - it doesn't work that way. The US would have to pardon you - which they won't do.

You are currently inadmissible to Canada.

You would have to come to Canada using your TRV and then apply for refugee status once you're here. The criminal case will have some kind of impact on your refugee case. How much of an impact really depends on the details of the case.

 

[zardoz]

I wonder if the USA would commence extradition proceedings if the OP is listed as a fugitive?

 

[eagles34]

You definitely don't qualify for rehabilitation - so that's out. Same with the pardon - it doesn't work that way. The US would have to pardon you - which they won't do.

You are currently inadmissible to Canada.

You would have to come to Canada using your TRV and then apply for refugee status once you're here. The criminal case will have some kind of impact on your refugee case. How much of an impact really depends on the details of the case.

What is my chance to be approved on refugee claim with my background history from usa if i apply in canada? In your opinion...

 

[canuck_in_uk]

I wonder if the USA would commence extradition proceedings if the OP is listed as a fugitive?

Interesting thought. I suppose that it would depend on OP's crime, if it was serious enough to warrant extradition.

 

[eagles34]

Interesting thought. I suppose that it would depend on OP's crime, if it was serious enough to warrant extradition.

I dont have extradition warrant for sure

 

[zardoz]

Here is an example where refugee status was denied. http://bowenslaw.blogspot.ca/2014/11/cuban-claimant-denied-refugee.html

 

[scylla]

What is my chance to be approved on refugee claim with my background history from usa if i apply in canada? In your opinion...

Impossible to say without knowing the nature of your criminal offence in the US.

 

[eagles34]

Impossible to say without knowing the nature of your criminal offence in the US.

actually what i had in my criminal case is this;

i bought a car and when i was selling it came out stolen and the title came out fake. i was accused of principle 2nd grand larceny more than $200 & stolen property intent to sell more than $200. i was held in jail for 5 days, and i was released with bond. once i released, an officer called me and asked how did i got bonded. he said he will ask the court to get me back in jail and i was so scared.

i never had a criminal problem before in my life, and i was scared to go jail, that's why i left us and returned to my country. and the case finalised as "fugitive file" since i was not at the court. i realised later that the officer played with me, and i took a bad action with all these schock. and now, hard to fix all these issues since i left us like that.

it was a business transaction, not like a real criminal case but it was listed under criminal so i don't know how canadian court's approach will be...

 

[scylla]

You need to speak with a lawyer. I would contact an immigration lawyer in Canada and pay for a consultation before attempting to apply for refugee status. It doesn't matter that it was a business transaction - it's still a criminal case and Canada will view it that way.

You have two problems on your hands: (1) the actual criminal charge; (2) the fact you left the country before the charges were addressed and are now labeled as a fugitive. Because you have an outstanding criminal charge that hasn't been vacated, you are inadmissible and applying for rehabilitation isn't an option. It's really too bad you didn't remain in the US to deal with the charge and potentially get it dismissed.

 

[eagles34]

You need to speak with a lawyer. I would contact an immigration lawyer in Canada and pay for a consultation before attempting to apply for refugee status. It doesn't matter that it was a business transaction - it's still a criminal case and Canada will view it that way.

You have two problems on your hands: (1) the actual criminal charge; (2) the fact you left the country before the charges were addressed and are now labeled as a fugitive. Because you have an outstanding criminal charge that hasn't been vacated, you are inadmissible and applying for rehabilitation isn't an option. It's really too bad you didn't remain in the US to deal with the charge and potentially get it dismissed.

Actually, i am already in contact with a lawyer in canada but as you know they go through different ways just to get more money. I'm trying to get some info from other people's experiences and knowledge to get more informed.

Thanks by the way