PLEASE, NEED HELP FOR SPONSORSHIP APPLICATION

[MEEKAS]

But it isn't that simple. I overstayed my visitor visa in the US. and i have a misdeamenor conviction (I pleaded no constest). No finger prints, nor probation, just a $400 fine. Then I met this nice canadian woman. She convinced me to cross the border with her driving. And there I went. The border agent never asked for my passport and we crossed. Now we are married in Ontario. and I need to know what to tell them about my past. Certainly they need police certificates, but from where? I stayed 5 years in the US, I'm about to complete 6 months here in Canada. Our plan is for me to go back to my country and she will start the process for family case outside Canada while I wait for the authorization to come back. But I'm not sure if my past will be aproblem for them. I can't go BACK TO THE us AND I DON'T WANT TO. But they will ask for clearances. Can a misdeamenor in the US affect my future with my wife in Canada? Should I not mention my passage in the US? and just get my records from my country? Help needed, and I thank you all for serious responses.

[Kayalami]

The border agent never asked for my passport and we crossed.

Inspectors can accept an oral declaration of Canadian or US citizenship. What did you state to be your nationality?

Can a misdeamenor in the US affect my future with my wife in Canada?

Depends - would have to be reviewed against Canadian criminal code for any grounds of inadmissibility. Note that some offences which are deemed minor in jurisdictions outside Canada such as DUI are serious criminal offences in Canada often with custodial sentencing. If found inadmissible you may get a waiver subject to various factors.

Should I not mention my passage in the US?

Bad idea.

Now we are married in Ontario. and I need to know what to tell them about my past. Certainly they need police certificates, but from where? I stayed 5 years in the US, I'm about to complete 6 months here in Canada.

IIRC depending on your nationality you will need police clearance certificates from all jurisdicitions you have resided in for more than 6 or 12 months since the age of 16 or 18. Note background checks may likely discover your US history where such is not declared. 1st question at your spousal interview will be "how and when did you enter Canada?"

Our plan is for me to go back to my country and she will start the process for family case outside Canada while I wait for the authorization to come back. But I'm not sure if my past will be aproblem for them.

There is an 'In Canada' application class on Humanitarian & Compassionate grounds. This coupled with new regulations effectively ignoring overstays for spouses (in bonafide relationships) means you may not have to depart Canada. Your 'entry' method may make you ineligible though.

Your situation is somewhat complex and you really need competent advice on this so get some professional help.

[MEEKAS]

The border agent never asked for my passport and we crossed.

Inspectors can accept an oral declaration of Canadian or US citizenship. What did you state to be your nationality?
Im from Brazil. But the agent never asked me anything. She asked my wife if she was canadian and if she was bringing any goods from the US then let us go ahead.

Can a misdeamenor in the US affect my future with my wife in Canada?

Depends - would have to be reviewed against Canadian criminal code for any grounds of inadmissibility. Note that some offences which are deemed minor in jurisdictions outside Canada such as DUI are serious criminal offences in Canada often with custodial sentencing. If found inadmissible you may get a waiver subject to various factors.
I had a shoplifting case less than $100, a petty theft in Jan/04. The case is closed, a lawyer represented me and no sentence was applied.

Should I not mention my passage in the US?

Bad idea.

Now we are married in Ontario. and I need to know what to tell them about my past. Certainly they need police certificates, but from where? I stayed 5 years in the US, I'm about to complete 6 months here in Canada.

IIRC depending on your nationality you will need police clearance certificates from all jurisdicitions you have resided in for more than 6 or 12 months since the age of 16 or 18. Note background checks may likely discover your US history where such is not declared. 1st question at your spousal interview will be "how and when did you enter Canada?"

Our plan is for me to go back to my country and she will start the process for family case outside Canada while I wait for the authorization to come back. But I'm not sure if my past will be aproblem for them.

There is an 'In Canada' application class on Humanitarian & Compassionate grounds. This coupled with new regulations effectively ignoring overstays for spouses (in bonafide relationships) means you may not have to depart Canada. Your 'entry' method may make you ineligible though.
Well, I think that i didn't have any fault on the crossing. The agent never asked me anything, I had my passport handy. My wife was driving. She witnessed. I'll have to state that I was illegal in the US, I will go to the American Embassy and ask for a record. If the offense appears in th record I'll have to be honest and answer whatever they want. But iti s going to be an #outsideCanada application#
Your situation is somewhat complex and you really need competent advice on this so get some professional help.

Thank you, I appreciate your help.

[Kayalami]

Im from Brazil. But the agent never asked me anything. She asked my wife if she was canadian and if she was bringing any goods from the US then let us go ahead.

My experience crossing US/CAN land border posts is that the inspector asks of everyone their citizenship. Given that the inspectors have both customs and immigration powers they can if need be send you to secondary inspection where a more detailed review of your intended stay in either country is taken. It may be the inspector solely appeared to address your spouse but it is the responsibility of anyone who does not have the right to enter Canada to bring to the attention of the Inspector this fact. Only Canadian citizens and those registered under the Indian Act have the absolute right to enter Canada. By virtue of your silence and that of your spouse there has been a misrepresentation of a material fact that you are not entitled to enter Canada without formal insepction and admission if eligible under the Immigration Act.

I had a shoplifting case less than $100, a petty theft in Jan/04. The case is closed, a lawyer represented me and no sentence was applied.

Seems like it was a relatively minor issue but I'm not an expert on either US (State/Federal) or Canadian criminal codes which would need to be reviewed and compared. You would state the facts in your application and CIC would take a view on the charges. If it turns out a waiver is needed then this could take several months hence why I suggest you get some help with someone who has done waivers in the past - IMHO they can give you an opinion in one meeting. You need the US court paperwork to include the penal code relating to the theft so get your US attorney to send you this if you don't already have copies.

Well, I think that i didn't have any fault on the crossing. The agent never asked me anything, I had my passport handy. My wife was driving. She witnessed.

Sorry I don't buy the 'we weren't asked so we did not say anything' - this according to your initial post was a planned course of action on your/ your spouse's part...you deliberatley colluded to facilitate your entry..have you heard of the term accessory?

I'll have to state that I was illegal in the US, I will go to the American Embassy and ask for a record.

A record of what? If you mean the police reports you send the request for this to the FBI along with your finger prints. The US consulate has nothing to do with this process. The only time they get involved is if you are applying for a US visa which in this case you are not.

If the offense appears in the record I'll have to be honest and answer whatever they want. But iti s going to be an #outsideCanada application#

That it may not appear on the US record is irrelevant - I have pointed out that the charges may be different under Canadian laws which are what matter not the US ones. You must declare the offence, charge, fine and pardon to the Canadian authorities. The advantage of talking to an inadmissibility expert is that you know your position prior to spending a fortune on application/ medical fees.

[Kayalami]

For some reason I am feeling generous today and have posted your duplicated topic here with my comments.

HAPHUB
Junior Member


Joined: 04 Nov 2005
Posts: 3

Posted: 07 Nov 2005 22:51 Post subject: PLEASE, NEED HELP FOR SPONSORSHIP APPLICATION II

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kAYALAMI, thanks for answering my topic, I'm relly confused in what to do, my budget isn't high enough to hire a lawyer. I'll apply for "outside Canada family case". My wife will send the application to Mississauga. I'll request FBI record. If the CIC asks for it my wife will send it to them. my question now is: shall I check the box in the background check application where they ask if I've been convicted of any crime or offense outside Canada. The true answer has to be "yes". It was a petty theft in Jan/04 in the US. By the way, I answered your first reply. Take a look if you can. Also I need to know if we can pay the permanent residence fee later in the process without it being delayed. I'll travel this Sunday and the medical exams will be made in my country. Can we start the process without them? Thanks again.

1. For spousal applications you may go for medicals upfront.

2. Landing fee can be paid later - there may be a delay between approval of your application, request for the fee, cashing the cheque/ draft and ppt stamping which can be eliminated by submitting the fee upfront. Some visa posts also accept fees in the local currency so there may be issues over exchange rate movements.

3. PCC's needed for all countries you lived for more than 6 months since age 18 to include Canada so you need to get one from RCMP. AFAIK your application won't be touched before these are received. Likewise if you don't submit your PCC's your medicals will expire and you will have to do them all over again. IIRC most people do their medicals as near as possible to application date which in your case is in influenced by the inadmissibility factor.

4. On the matter of costs have you sought help from your your local legal clinic? They will often have a pro bono attorney helping those on low incomes - you may have to take in proof of such. Note that while there are no income requirements for a spousal sponsor they may not be in receipt of Social Assistance. Where in Ontario are you?

5. I've enquired from a contact practicing in Ontario and I understand the offence you are charged with (dishonesty/theft) would ordinarily be considered a summary offence in Canada. Summary offences are the most minor offences in the criminal code. However even for summary offences the crown may decide to treat it as a hybrid offence i.e. elements of it are indictable (most serious offences). A concern is that there is nominally a 3 year period before you can be considered rehabilitated after conviction of a summary offence (this includes payment of fines) - given that your US case was in 2004 then this takes you to 2007. My understanding is that a waiver of inadmissibilty may not be obtained prior to rehabilitation being complete. Again see someone about this before you depart Canada.

[MEEKAS]

Thanks for clarify my doubts!! You made very clear where I'm into. Now I'm really concerned of living the country. The flight tickets were been bought already! I'll travel. Now I'm thinking of applying as visitor, but I'm still will have problems with the return ticket (the third flight) which I won't have. Thanks again, May you be blessed in double for your generosity. Because it was a lot of work right there .

[Kayalami]

Thanks for clarify my doubts!! You made very clear where I'm into. Now I'm really concerned of living the country. The flight tickets were been bought already! I'll travel. Now I'm thinking of applying as visitor, but I'm still will have problems with the return ticket (the third flight) which I won't have. Thanks again, May you be blessed in double for your generosity. Because it was a lot of work right there .

Thank you for your kind words and I hope I have been of some help. I still hold that its best to see someone before you depart so they can discuss in greater detail some of the issues raised.

While it is possible to enter Canada as a visitor with a sponsorship application in progress the visa officer (Brazilians need a TRV) would evaluate your ties to Brazil to ensure your likelihood of departing Canada post admission as a visitor (usually max 6 months). You have overstayed in the US and got a summary conviction, entered Canada falsely and overstayed. IMHO your chances of a TRV are pretty low. I'm trying to say you may be unable to re-enter Canada for a long time after your departure. Such would have an impact on your marriage unless your spouse was in a position to visit you in Brazil - you allude to finances being an issue so not sure how feasible this is.

Note the RCMP are currently taking more than 150 days to issue PCC's so be aware of this when filing.

[MEEKAS]

Thanks for clarify my doubts!! You made very clear where I'm into. Now I'm really concerned of living the country. The flight tickets were been bought already! I'll travel. Now I'm thinking of applying as visitor, but I'm still will have problems with the return ticket (the third flight) which I won't have. Thanks again, May you be blessed in double for your generosity. Because it was a lot of work right there .

Thank you for your kind words and I hope I have been of some help. I still hold that its best to see someone before you depart so they can discuss in greater detail some of the issues raised.

I'm trying to contact a pro-bono clinic in Ottawa.

While it is possible to enter Canada as a visitor with a sponsorship application in progress the visa officer (Brazilians need a TRV) would evaluate your ties to Brazil to ensure your likelihood of departing Canada post admission as a visitor (usually max 6 months).

I didn't know that. If it's possible to come back here with a TRV while I have a sponsorship process in the CIC in Canada, I might as well try that too. First the visitor visa, then I try the PR process or vice-versa. Like my wife says: we came all way here, we have to try!

You have overstayed in the US and got a summary conviction, entered Canada falsely and overstayed. IMHO your chances of a TRV are pretty low

. You're really putting me down. I have a marriage to save, they might see that too.

I'm trying to say you may be unable to re-enter Canada for a long time after your departure.

Such would have an impact on your marriage unless your spouse was in a position to visit you in Brazil - you allude to finances being an issue so not sure how feasible this is.

The expenses an immigrant has to come and live here are absurdly high. If you want to immigrate to Brazil you'll need only $600 for the whole process. She is OK to sponsor me and to undertaking me. In the other hand, Im surviving with a job under the table. She even bought mine and hers flight tickets to Brazil. She is going to visit me in January. But, to find a good lawyer who's trustworthy and reasonable isn't easy specially in my case and we don't have the time to search either.

Note the RCMP are currently taking more than 150 days to issue PCC's so be aware of this when filing.

That's sucks! I've just mailed my fingerprints to them and to the FBI in WV. If the FBI record doesn't say anything I guess I'll be OK!!
I'm really in bad waters with all this. My wife doesn't know of my criminal offense in the US and I'm uptight right now. It's a stupid minor thing that affects my entire life, mind and of course hers too. Thanks again, Kayalami.

[Kayalami]

I'm trying to contact a pro-bono clinic in Ottawa.

There is one (community legal clinic) in the court house on Elgin and I believe another one on Bank (south bound) before you get to Billings Bridge.

I didn't know that. If it's possible to come back here with a TRV while I have a sponsorship process in the CIC in Canada, I might as well try that too. First the visitor visa, then I try the PR process or vice-versa. Like my wife says: we came all way here, we have to try!

No harm trying but you need to balance this against costs involved and likelihood of success.

You're really putting me down. I have a marriage to save, they might see that too.

I understand this is tough for you. However Canada must reserve the right to determine who enters the country - your relationship must be considered in the context of maintaining the integrity of Canada's immigration system. Your country Brazil operates under the same system - surely you accept that no country can have unregulated entry just on the basis of marriage to its nationals.

The expenses an immigrant has to come and live here are absurdly high. If you want to immigrate to Brazil you'll need only $600 for the whole process. She is OK to sponsor me and to undertaking me. In the other hand, Im surviving with a job under the table. She even bought mine and hers flight tickets to Brazil. She is going to visit me in January. But, to find a good lawyer who's trustworthy and reasonable isn't easy specially in my case and we don't have the time to search either.

You are comparing apples and pears - you need to compare the Canadian system against those of other similar western/developed nations e.g. US...do you know how much it costs to adjust status in the US?

That's sucks! I've just mailed my fingerprints to them and to the FBI in WV. If the FBI record doesn't say anything I guess I'll be OK!!

I have consistently commented on this - regardless of FBI outcome you must declare the theft issue on your visa applications be it visitor or spousal.

I'm really in bad waters with all this. My wife doesn't know of my criminal offense in the US and I'm uptight right now. It's a stupid minor thing that affects my entire life, mind and of course hers too. Thanks again,

I'm the last person to interfere in a marriage but I'm sure you agree that telling your wife the truth is the only way forward. As a minimum it will take considerable pressure off you and also helps you plan the next steps.

[MEEKAS]

Do you think I have a chance to come back in the next six months after my departure? My last question!Be honest please.