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parkj24 View Drop Down
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Joined: 01 Dec 2009
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    Posted: 01 Dec 2009 at 10:54pm
Hi I was going to apply the Canadian citizenship but i got charged with DUI
this is what i am going to do-
I will send the application because i heard it takes a year to hear from the government
my DUI case is pending and it will take more or less a year to be finalized
does anybody know whats the chance of getting rejected because of this
This is my first charge and no one and no cars have been damaged.
I am regretting what i did and never drank after that
thanks
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pmm View Drop Down
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Hi

Originally posted by parkj24 parkj24 wrote:

Hi I was going to apply the Canadian citizenship but i got charged with DUI
<FONT style=": #f8f8e0">this is what i am going to do-

<FONT style=": #f8f8e0">I will send the application because i heard it takes a year to hear from the government

<FONT style=": #f8f8e0">my DUI case is pending and it will take more or less a year to be finalized

<FONT style=": #f8f8e0">does anybody know whats the chance of getting rejected because of this

<FONT style=": #f8f8e0">This is my first charge and no one and no cars have been damaged.

<FONT style=": #f8f8e0">I am regretting what i did and never drank after that

<FONT style=": #f8f8e0">thanks


I suggest you read the requirements for citizenship at www.cic.gc.ca

"If you are on probation or are charged with an offence and are awaiting trial, you should wait until after the probation has ended or the trial is over to apply for citizenship."

PMM
PMM
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daan View Drop Down
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Points: 1 		Post Options Post Options   Thanks (0) Thanks(0)   Quote daan Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 2009 at 11:52pm
Hi

i had the same problem but i got charged few mnts after my application CIC found out right away on background check part and they put my application on hold until my DUI was finailzed and i've sent them my court documents after my final trial which took 2 years to complete , i was acquitted from both charges but my citizenship application took 4 years to complete so i think its better to wait till you get your final result and submitt them with your application so you dont have to wait few years

90 % of DUI cases in CANADA are smmry charges (hopfully yours is the same) so even if you get convicted you might not have problem with your citizenship

just DONOT rush your DUI court for your citizenship caz u might have a chance to fight it and besides if you live in ontario the soon 1 year susspntion will be 3 mnts if you install interlock system

good luck on both







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DUIClap, Don't Drink and Drive!!!Wink
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Immigration Expert View Drop Down
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You should definitely wait with you citizenship application until your court case is resolved. I would suggest that you get a good DUI lawyer to fight your charges and win the case. If you succeed, it's great and you have no problem. If not, you wont be able to apply for your CAN cit. for the next 3-4 years.  Need a help to find a good lawyer in TO, let me know.
 
Good luck!Smile
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Posts on this forum are provided for information purposes only and in no way are intended as legal or immigration advice.
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mod View Drop Down
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Immigration Expert
As an expert what is your estimation about when CHC Islamabad will start processing 2005 cases.
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Hello mod,
 
Please be aware that the person using the name Immigration Expect is in no way any more or less an expert than anyone else on the forum. They are just another person like you or I however they have chosen the name "Immigration Expert" (which I find to be a very misleading name).
No offence to the user named "Immigration Expert" however it is only a user name and has no reflexion to if the person knows anything about Immigration. Maybe they do but for this forums purpose it is just another user name and their opinion is simply that. Their opinion.  
 


Edited by rbenoit - 14 Dec 2009 at 12:55pm
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Hi Mod,
 
 
With respect to my name "IE" this is my personal choice and there is nothing misleading about it.  I fully agree with "rbenoit" that using specific name or "seniority level"Geek on this forum means absolutely nothing. I have a website attached to my profile with all the information regarding my qualifications and area of practice. My membership status can be verified by visiting the following websites: http://www.csic-scci.ca/find/details.html?cid=52576 & http://www.cmi-icm.ca/find/details.html?cid=3076 More info at http://ca.linkedin.com/pub/russell-bilyk/12/566/9b1. The rest is up to the members of this forum to determine who is who, whose opinion should they trust or what they want to do next with their immigration files.
 
Good luck to all!


Edited by Immigration Expert - 14 Dec 2009 at 9:42pm
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Better hope they are back logged & have not put a warrant out for you yet. I would call asap & see what I need to do.
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shallow View Drop Down
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hear you brother, I did the same stupid thing and regret it now so much...
 
Here’s my timeline: charged with dui in February ’09; nonetheless submitted application for citizenship in April ’09.  Received a confirmation letter from CIC in October 2009.  Trial in December ’09 resulted in a summary conviction.  In January ’10 on the CIC web-site it said that my case was transferred to my home town’s CIC office for finalisation.  About a month later I received a letter from CIC stating that the background check had shown a person with a similar name having a criminal record and asking me to submit fingerprints in order to confirm identity, which I did immediately.  Two months later I received another letter from CIC requesting me to submit court transcripts.  Obtaining the latter took another month, so I submitted the transcripts in April 2010.  Now it’s end July and I havn’t heard from them since...

 

Just like yourself, I am very much worried because citizenship judges seem to have a lot of discretion now when it comes to troubled cases, be it with respect to physical presence in Canada or any other complication.  Prior to applying a year ago I had contacted a couple of immigration lawyers and both said that one summary conviction should not be a problem for citizenship, but one of them said that CIC might deliberately delay the case by a couple of years.  I have perused the Citizenship Act as well and indeed one summary conviction does not constitute a prohibition.

 

Your best bet is to hire a dui lawyer and try to get your charges dismissed.  I hired the most expensive lawyer in my province but it didn’t help (cost me 10 grand..).  In any case i don’t see any reason for not submitting your citizenship application now if you have satisfied the 3-year physical presence requirement.

 

Appreciate if you could share your progress.... thanks
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