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Sponsorship with criminal inadmissibility |
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sugahmonstah 
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Joined: 27 Nov 2010 Location: NWT Status: Offline Points: 123 |
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 Posted: 31 Jan 2011 at 12:49am |
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^what he said
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Outland Sent 11/30/2010
Received Miss 12/2/2010 Sponsor approved 01/17/2011 Received Buffalo 01/26/2011 Applied for VR extension 03/14/2011 extension approved until MAY 2013!!! 05/09/2011 |
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mpottier
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Joined: 23 Jan 2011 Location: USA/UK Status: Offline Points: 31 |
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Posted: 21 Mar 2011 at 2:19am |
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Hello just an update. Our sponsorship was approved on March 1st, it only took a month! However, that is obviously only the first step, we are expecting the PR to be rejected unless some miracle occurs. Anyway, our PR application was sent here in Seoul, and oddly the processing time here is about half of what it would be in the USA. It is 6 months here, as opposed to 11 on average in the USA. I guess Korean have no real desire to go to Canada as immigrants. Anyway, we were advised to send in our TRP application now, so they can process it simultaneously with the PR.
Thanks for the comments everyone!
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tameme
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Joined: 29 Dec 2009 Status: Offline Points: 29 |
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Posted: 21 Mar 2011 at 3:48am |
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hello everyone any insight or advice would greatly appreciated about my situation.
I just applied under H&C for my husband in the Philippines last sept. My husband just got a letter from immigration today informing him that they refused his application and that I the sponsor not allow to appeal. We have 2kids (the other one is a Canadian citizen)with me without him I wont be able to go back to school on August.
Any advice on what should I do?
Thank you in advance..
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yukonjoe
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Joined: 30 Jan 2011 Status: Offline Points: 2 |
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Posted: 22 Mar 2011 at 11:47am |
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@mpottier:
Hey, that's great. So you're one step further. Sure, the PR application will be rejected, but they will hopefully give your wife a TRP. With your PR application they want to see that your relationship is genuine and that you're willing to sponsor her, also that you both want to settle in Canada. I think they will ask for your wifes court documents. In the meantime I would try to get the court records, maybe a transcript. Also good would be some letters of reference. Keeep us updated, cause I'm in the same situation as your wife... Good luck to you both! |
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Ralph M. Dzegniuk
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Joined: 11 Nov 2010 Location: Toronto Status: Offline Points: 37 |
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Posted: 22 Mar 2011 at 3:41pm |
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Generally speaking, as far as DUI's are concerned, TRP's are being issued without a problem to overcome the resultant criminal inadmissibility, as long as a solid reason for entering Canada during the period of inadmissibility is provided. Business-related reasons as well as family reunification reasons are usually good enough. Having said all that, every case turns on its own unique set of circumstances. Over the last 7 years, out of the 30 or so TRP/Rehab applications that I've filed for my clients (based not only on DUI's but also for much more serious criminal offences), only 2 were ever rejected (and one of them was approved on re-submittal).regards,
Ralph Dzegniuk, Barrister & Solicitor (B.A., L.L.B.)
Migration Law Chambers 82 Richmond Street East, Suite 305 Toronto, ON. M5C 1P1 Phone: (416) 548 9072 Fax: (416) 548 9092 **** [email protected] |
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mpottier
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Joined: 23 Jan 2011 Location: USA/UK Status: Offline Points: 31 |
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Posted: 22 Mar 2011 at 8:12pm |
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Thank you so much for the information, and I will certainly keep everyone updated.
Actually we are almost ready to submit our TRP, we have all the documentation. Also on a side note, we just got her FBI check in the mail, and they have no criminal/arrest record for her at all, it's completely clean!? I called the FBI information number, and inquired, and the representative told me that DUIs are not usually recorded by the FBI because they are under state law, and they are usually misdemeanors, and his exact quote was "we have better things to do then record every DUI in America, we have rapists and serial killers to catch". He was a pretty interesting character, he also showed some disdain for Canada, because, he said ever since they started enforcing this zero tolerance policy for anyone with a record at the border, their office has been overflowing with FBI checks for people going to Canada. He actually said it was a waste of their time and resources/budget, and that Canadian law enforcement could easily tell if someone is dangerous or a threat through a streamlined interview or visa process. I don't think I have ever had such a frank response from a law enforcement agency before! Nevertheless, this will certainly help our application. |
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cor-32
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Joined: 10 Mar 2011 Location: canada Status: Offline Points: 90 |
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Posted: 22 Mar 2011 at 10:40pm |
Are they as understanding about a DUI, 11yrs ago, 10 since my licence was restored), if it is a SECOND conviction? First, from 1999 is a fraud charge? I only learned that it is a criminal offence in Canada a few months after me and family (wife Canadian) got here Thanks
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Ralph M. Dzegniuk
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Joined: 11 Nov 2010 Location: Toronto Status: Offline Points: 37 |
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Posted: 23 Mar 2011 at 11:27am |
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whenever dealing with more than one conviction, it is necessary to put a bit more work into the written submissions to convince them that, despite the appearances, there never was any "pattern of criminality." That is one of the key assessment criteria (albeit not the only one...there many others equally important).
Out of all the Rehab applications that I processed over the last 7 years for individuals with more than one conviction on their record, only one was ever refused. However, I'd like to think that this was due to the strength of the initial application package, written submissions and supporting documentation that we put together for our clients.
regards,
Ralph Dzegniuk, Barrister & Solicitor (B.A., L.L.B.)
Migration Law Chambers 82 Richmond Street East, Suite 305 Toronto, ON. M5C 1P1 Phone: (416) 548 9072 Fax: (416) 548 9092 www. migrate-2-canada. com [email protected] |
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cor-32
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Joined: 10 Mar 2011 Location: canada Status: Offline Points: 90 |
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Posted: 23 Mar 2011 at 11:40am |
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Thanks Ralph,
unfortunately, i cant afford legal representation. (the catch 22 of not being able to work) I am getting references from Irish MP, medical professor, priest (not all irish clergy are monsters), and permission from the prosecuting detective from fraud charge to be contacted by CIC to vouch for me. There was a bad flood in the court document storage last year, so hopefully those records are safe, the court clerk is worried. My police clearance cert didnt mention the DUI, but i informed them regardless when extending my stay thanks again Ralph... Cormac
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mpottier
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Joined: 23 Jan 2011 Location: USA/UK Status: Offline Points: 31 |
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Posted: 23 Mar 2011 at 6:57pm |
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We are certainly getting many reference letters. Since she is an elementary school teacher here in Korea (for 3 years), we have lots of teachers and principals giving her references, so hopefully that will work in her favour.
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Ralph M. Dzegniuk wrote: