Immigration with outstanding warrants

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Hi there, 

I am a non U.S. citizen, and have two outstanding warrants in NJ for Aggravated Assault and Failure to appear, these warrants are U.S. extraditable only, and at the moment I do not have valid U.S. visa anymore. 

My wife and 2 kids live in canada and all are Canadian born citizens, whereas I have been away for them and she had been back n forth since I cannot come to canada due to my criminal warrants in jersey. 

My wife wishes to sponser me thou, what could be my options?

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saveworld007 Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 08 Sep 2010 Status: Offline Points: 8	Post Options Post Reply Quote saveworld007 Report Post Thanks(0) Quote Reply Topic: Immigration with outstanding warrants Posted: 08 Sep 2010 at 5:05pm
	Hi there, I am a non U.S. citizen, and have two outstanding warrants in NJ for Aggravated Assault and Failure to appear, these warrants are U.S. extraditable only, and at the moment I do not have valid U.S. visa anymore. My wife and 2 kids live in canada and all are Canadian born citizens, whereas I have been away for them and she had been back n forth since I cannot come to canada due to my criminal warrants in jersey. My wife wishes to sponser me thou, what could be my options?

dpenabill Members Profile Send Private Message Find Members Posts Add to Buddy List Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407	Post Options Post Reply Quote dpenabill Report Post Thanks(0) Quote Reply Posted: 09 Sep 2010 at 2:29am
	See a lawyer. Perhaps hire a U.S. lawyer to see if U.S. charges can be resolved. You may need to get U.S. case resolved and then wait the time necessary for rehabilitated status. Could be a tough road, a long road. Some H & C exceptions are allowed, but they are rare and only in very compelling circumstances (as far as I have seen from reports and some cases). Could be an impossible road. Depending on the nature of the charge itself, however, including the underlying facts, rehabilitation status may be obtained after a certain amount of time has passed. Usually, though, in most U.S. States an "aggravated" assault is based on a very serious offense (one involving either the actual infliction of a serious injury, or an assault committed with a dangerous weapon . . . as in serious stuff), so this may indeed be a tough road . . . even if you otherwise have a squeaky clean record . . . and if you have much of a criminal record otherwise, it might be near impossible to get into Canada.
	Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions. BTW: Not an expert, not a Can. lawyer, never worked in immigration

saveworld007 Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 08 Sep 2010 Status: Offline Points: 8	Post Options Post Reply Quote saveworld007 Report Post Thanks(0) Quote Reply Posted: 09 Sep 2010 at 8:52am
	I was looking up online for Rehabilitation status, and it uses a term "or the date of the offence" i.e. if so many years have passed since the date of an offence meaning if I am convicted or not but the ticker starts as soon as the crime is commited. E.g. I hit the ever loving sht out of *** right now, hence I will be eligiblle for rehabilitation 5 years starting now?? please ellaborate Edited by Emad - 09 Sep 2010 at 3:01pm

RMJ Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 03 Dec 2009 Status: Offline Points: 25	Post Options Post Reply Quote RMJ Report Post Thanks(0) Quote Reply Posted: 09 Sep 2010 at 10:41am
	The rehab clock starts the day you complete your "sentence". And rehab is only available for certain types of offences, not all. depenabill is correct, you need to resolve your outstanding charges first. And definitely speak to a Canadian immigration lawyer with lots of experience dealing with inadmissibility.

EnglishMuffin Members Profile Send Private Message Find Members Posts Add to Buddy List Average Member Joined: 29 Nov 2009 Status: Offline Points: 167	Post Options Post Reply Quote EnglishMuffin Report Post Thanks(0) Quote Reply Posted: 09 Sep 2010 at 12:15pm
	Kindly keep threats of physical harm, implied, hypothetical or otherwise off this forum. You won't garner any more support or sympathy otherwise. If you feel someone's post is inappropriate, report it or state that you feel they are out of line.

sami55 Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594	Post Options Post Reply Quote sami55 Report Post Thanks(0) Quote Reply Posted: 09 Sep 2010 at 2:54pm
	save world007 study the inadmissibility and how to over come it materials as depenabill has said it depend on how long ago....what I can add to that is start making a list right now about all the good points about you....why are you a good guy FOR EXAMPLE..... you love your family, you have stayed out of trouble since then it was a one off out of character unavoidable incident and that you have learned from it you are a reformed rehabilitated person who is not likely to repeat it and YOU are not a danger threat or a risk... BUT that is just one of your probs....you say your out of status, that is an immigration contravention,, the very people you expect to turn on your side... it will be very interesting to hear from those who know how imm has viewd criminal inadmissibility within H&C gounds (VERY rare VERY ?) WHAT punishment did you receive? because that is a fundamental and substatial consideration..if it was a conditional discharge then you may certain mitigating considerations in your favour... the offence will also be viewed in equvilent terms of the canadian judicial sysytem..ie as if it was committed in canada .. references - Inadmissibility http://www.cic.gc.ca/manuals-guides/english/enf/enf01e.pdf ENF2 - Evaluating Inadmissibility http://www.cic.gc.ca/manuals-guides/english/enf/enf02e.pdf ENF4 - Port of Entry Examinations http://www.cic.gc.ca/manuals-guides/english/enf/enf04e.pdf ENF14 - Criminal Rehabilitation http://www.cic.gc.ca/manuals-guides/english/enf/enf14e.pdf

sami55 Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594	Post Options Post Reply Quote sami55 Report Post Thanks(0) Quote Reply Posted: 09 Sep 2010 at 3:14pm
	following on from EnglishMuffin Plesae note that in SOME cases the rehabilitation perod starts from when the judge passes the sentencing AS verified here.. http://www.cic.gc.ca/english/pdf/kits/guides/5312E.PDF please also consider PARDON AND STUDY THE h& c GROUNDS BUT AS SAID above you will need a lawyer good luck

saveworld007 Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 08 Sep 2010 Status: Offline Points: 8	Post Options Post Reply Quote saveworld007 Report Post Thanks(0) Quote Reply Posted: 09 Sep 2010 at 4:26pm
	Thank you sir (mr. sami) for expanding on the issue, highky value your advice, back when the charges incurred I wasnt married, I was yound and stupid therefore paying for the consequences, matter of fact my family is paying for it more than I do which is a killer, since I am not with them and they feel that greatly... Anyhow that being said, I am still unclear of a term I abstracted out of contents of Rehabilitation conditions posted on Immigration`s website and i qoute "An individual is deemed rehabilitated if: . 10 years have expired from the last day of their sentence or the date of the offence;" the part "or the date of conviction" now does it not mean that if a person commits something whether convicted for it or not the 10 year ticker starts? Thanks again for your help...

RMJ Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 03 Dec 2009 Status: Offline Points: 25	Post Options Post Reply Quote RMJ Report Post Thanks(0) Quote Reply Posted: 09 Sep 2010 at 4:53pm
	The actual Regulations state: "at least 10 years have elapsed since the day after the completion of the imposed sentence." There is NO "or the date of the offence" in the Regulations so that post you were quoting is incorrect. There is also the difference between indictable and summary convictions which changes the timeframe for rehabilitation to be completed. And since your charges have not been resolved, you can't know what the Canadian equivalent would be. You need legal advice. Edited by RMJ - 09 Sep 2010 at 4:54pm

saveworld007 Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 08 Sep 2010 Status: Offline Points: 8	Post Options Post Reply Quote saveworld007 Report Post Thanks(0) Quote Reply Posted: 09 Sep 2010 at 5:14pm
	http://www.cic.gc.ca/english/information/applications/guides/5312E3.asp click the above link goto: Table 1 - Eligibility for rehabilitation in the first section you will see:At least ten years after completion of the sentence imposed in the second section you will see:At least ten years after commission of the offence now completion and commision are two different terms....dont mean to frustrate you with it but I am really frustrated, I have explained this to an attorney and they all say Yes its possible, now i am here for second advice and unbiased opnion as a lawyer would obviously say yes to everything would never say no i can`t happen for obvious economic reasons :) as mentioned earlier..