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class C misdeamnor

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indulgent.merciful View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote indulgent.merciful Quote  Post ReplyReply Direct Link To This Post Topic: class C misdeamnor
    Posted: 11 Jan 2018 at 9:26pm
Hi,

I was arrested in sept 2015 and convicted in nov 2016.

 Crime : I called Police because my wife was abusive to me and my wife+her mother lied and witnessed against me to put in trouble to control my immigration in USA. After that she troubled my immigration and we had a messy divorce.

 Conviction : Class C misdemeanor, 500 $ fine , No jail term

Charge was : assault by contact.

 Can I apply Canada temp visitor visa

can i apply express entry program to get PR.

 waiting your reply

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pmm View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 12 Jan 2018 at 3:16pm
Hi

Originally posted by indulgent.merciful indulgent.merciful wrote:

<span style=": rgb251, 251, 253;">Hi,</span><p ="msonormal"="" style=": rgb251, 251, 253;"><o:p></o:p>

<p ="msonormal"="" style=": rgb251, 251, 253;">I was arrested in sept 2015 and convicted in nov 2016.<o:p></o:p>

<p ="msonormal"="" style=": rgb251, 251, 253;"><o:p> </o:p>Crime : I called Police because my wife was abusive to me and my wife+her mother lied and witnessed against me to put in trouble to control my immigration in USA. After that she troubled my immigration and we had a messy divorce.

<p ="msonormal"="" style=": rgb251, 251, 253;"><o:p></o:p>

<p ="msonormal"="" style=": rgb251, 251, 253;"><o:p> </o:p>Conviction : Class C misdemeanor, 500 $ fine , No jail term

<p ="msonormal"="" style=": rgb251, 251, 253;">Charge was : assault by contact.

<p ="msonormal"="" style=": rgb251, 251, 253;"><o:p></o:p>

<p ="msonormal"="" style=": rgb251, 251, 253;"><o:p> </o:p>Can I apply Canada temp visitor visa

<p ="msonormal"="" style=": rgb251, 251, 253;"><o:p></o:p>

<p ="msonormal"="" style=": rgb251, 251, 253;">can i apply express entry program to get PR.<o:p></o:p>

<p ="msonormal"="" style=": rgb251, 251, 253;"><o:p> </o:p>waiting your reply



1. No, you are criminally inadmissible. Assault is hybrid offence in Canada

266 Every one who commits an assault is guilty of

    (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

    (b) an offence punishable on summary conviction.

2. So you would have to apply for rehabilitation after 5 years have elapsed, so sometime in 2020. See: http://tinyurl.com/y7cr3ylx
PMM
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indulgent.merciful View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote indulgent.merciful Quote  Post ReplyReply Direct Link To This Post Posted: 13 Jan 2018 at 6:33pm
thanks for your reply.

I want to discuss further that class C is minor crime and conviction was only  500$  and after this i left my wife and never lived with her together and then we were divorced. 
Is it still big matter for CIC.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jan 2018 at 1:58pm
Hi

Originally posted by indulgent.merciful indulgent.merciful wrote:

thanks for your reply.

I want to discuss further that class C is minor crime and conviction was only  500$  and after this i left my wife and never lived with her together and then we were divorced. 
Is it still big matter for CIC.


1. It doesn't matter, you were convicted of assault, and IRCC compares it to the maximum you could have received in Canada.
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indulgent.merciful View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote indulgent.merciful Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jan 2018 at 7:08pm
Hi 

Thanks for the update.

I am trying to work on writ of Habeaus corpus , to include new evidances (audio recording of my wife , lying clearly) which were not included by my attorney.

do you think, these things matters that how things evolved and someone can be convicted wrongly by court.


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colin View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote colin Quote  Post ReplyReply Direct Link To This Post Posted: 27 Feb 2018 at 8:41pm
In order to enter Canada, you will need to apply for individual rehabilitation. However, you are not eligible for individual rehabilitation as it has not been five years since your sentence ended.

You can still try to apply for a Visitor visa. The Immigration officer will base his decision on wether or not you have a justified reason to travel to Canada, and wether or not your need to enter Canada outweighs the health or safety risks to Canadian society. Please note that there is a government processing fee which is not refundable in the event your application is rejected.

Please refer to our website for more information regarding individual rehabilitation.
Colin Singer, Canada Immigration Lawyer & Managing Partner, immigration.ca
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