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Sponsorship with criminal inadmissibility

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Jsurf0826 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Jsurf0826 Quote  Post ReplyReply Direct Link To This Post Posted: 28 May 2012 at 11:48am
The FBI record does show that it was a dismissed charge so that does not concern me, that doesn't count I just included that because it is on there so Id share all of the information. The retail theft is what is making me inadmissable. Now how is my relationship with a Canadian, I have been with for over a year and a half and plan on marrying soon does not count on H&C grounds? Both her and her mother wrote letters which I included in the TRP application they want me in Canada for special events? Now I didn't know what I was doing at the beginning of this... And have done this all myself. Was there an easier way I could've done this?
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 28 May 2012 at 2:21pm
I do not know how the various factors are considered in the whole.

I do know that, for example, a Foreign National (that would be you) is more likely to get a favourable TRP decision the stronger there are positive reasons why Canada should allow the person into Canada.

The policy for uniting families is a strong reason of this sort. That, however, involves a "qualified relationship" . . . which a prospective relationship is not. (Unlike the U.S., which recognizes and gives status to fiances for example.)

Legitimate reasons to visit (which includes to visit close friends, including a boyfriend/girlfriend) are, probably, positive reasons, but even if the weight such reasons are given could be quantified (I don't think they can be quantified however), I don't know how much weight such a reason carries . . . except to say, again, it is a lot less than the policy that underlies the unification of family members in qualified relationships. How much less? Do not know. Probably varies.

In contrast to that, there could be (not saying there is) a concern about an intent to stay rather than merely visit. This definitely varies from person to person depending on a range of other factors, with the strength of your ties in the U.S. factoring into this. Again, I do not know if this is a concern. (Note: Foreign Nationals from many parts of the world face difficulty in just getting a visa to visit Canada if they have a close relationship with a Canadian, even though they have no criminal inadmissibility at all, because of the concern they might stay.)

But if there is some reason why your application for the TRP has been delayed, I suspect the snag is somewhere in the area of why you are seeking a TRP, why you want to come to Canada, and whether those reasons are sufficient to overcome your inadmissibility. The various factors are considered together and a CIC officer balances the interests involved and exercises his or her discretion, which again is very broad, in deciding whether or not to issue the TRP.

But it could be something else altogether, like a referral for a background check in Canada (since, I take it, you have spent time in Canada previously).

Hard to say what it actually is, but, mostly all you can do now is wait and see.

Another way to do this?


TRPs are not routine processes. Many people do, apparently, do them without the assistance of a lawyer. I would not (and I am trained in the law) but that is largely because I could afford a lawyer. For most, what matters is the reason for inadmissibility balanced against reasons for allowing entry and other circumstances, which most people can probably put together about as well as a lawyer would for them. That said, there are often pitfalls in these procedures and a lawyer helps to avoid those. Probably would not have made much if any of a difference for you . . . it is just a matter of what the deciding officer decides. And for that, you just need to be patient. Most likely it will not be an extraordinary long time. Just seems that way while you are waiting.   
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
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computergeek View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 28 May 2012 at 2:31pm
It "doesn't count" because you aren't family class.  If you were already married (or common-law), then your TRP application would be included with your sponsorship application and likely granted because the nature of your crime is not significant when weighed against the goals of family reunification (ergo, as far as H&C grounds go.)

Otherwise, right now you look like someone dating a Canadian.  You've already shown a disrespect for the rules and thus there would be a concern that you would overstay your time in Canada.

TRPs are entirely discretionary and difficult to obtain (in my category - medical inadmissibility - they issue fewer than 200 per year across all missions.)

For my case, I found the GCMS notes valuable: the comments at the end told me that the visa office understood the basis for my request (in Canada legally on a work permit, denied under FSW as medically inadmissible, simultaneously requesting review and reapplying in the sponsored family class - the comments said:

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PA was refused for SW-class permanent residency by New York, for excessive demand/medical inadmissibility.  Currently has family class PR application in process, for which medical inadmissibility is not a disqualifying factor, and is currently in Canada on WP... Spoke with IPM GC on this case, as we frequently counsel intending PRs to include TRP applications with PR applications.  He felt this case was not typical, and warranted separate processing of the TRP, as the TRP would apparently not be required in the context of the FC residency, but may be needed for the PA to return to Canada after trips to other countries in the meantime.


My second set of notes indicated they had received the additional materials I forwarded (the review application and a copy of the completed FC PR application.)  As of the end of April, they still hadn't even started processing my application (which was received in early February, so over 2.5 months later.)  Having read (and re-read) OP 20, I know there's quite a lot of consultation work that has to be done in managing TRPs (at least those similar to my own.)

Good luck!

FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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Jsurf0826 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Jsurf0826 Quote  Post ReplyReply Direct Link To This Post Posted: 28 May 2012 at 3:46pm
Thank you all for your feedback! I really appreciate it. I have taken these factors in the the officer might think I would want to stay and made it clear in letters of reference and my own explanation it is just for visiting and asked for a TRP for a year for multi-entry on the weekends so they know my want to be in Canada is only temporary
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mpottier View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mpottier Quote  Post ReplyReply Direct Link To This Post Posted: 29 May 2012 at 4:28am
Yes certainly patience is a virtue when it comes to Canadian immigration, they do little in a productive or efficient manner. As the others have suggested, you can attempt to contact them after the 3 month period, however, they do not always respond.. They will basically only contact you if there is missing information or they need to talk to you in person. In my opinion I would expect an answer relatively soon. I think the only down side is that it is your girlfriend and not spouse or common law, but it sounds like you have strong ties to the USA, so that works in your favour. The only other thing, immigration may consider is that you and your girlfriend are conjugal partners, but can't be together due to certain circumstances, but I am not as familiar with those cases. Overall, just wait and see, do your best to contact the embassy, and if this attempt fails look into getting legal advice. It also it should be noted that for these types of cases, they issue the TRP via e-mail, so when they do make a decision you get it pretty quickly (at least in our case).

All the best 
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Jsurf0826 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Jsurf0826 Quote  Post ReplyReply Direct Link To This Post Posted: 29 May 2012 at 11:41am
Thank you so much for the advice! Yes the waiting patience game it is after a year... Just got to wait and see thank you all for the input. The consulate actually does not have my email or phone number just y address that's how I got the letter confirming my application ID number, hopefully that doesn't mean anything bad!
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xprecious32 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote xprecious32 Quote  Post ReplyReply Direct Link To This Post Posted: 30 May 2012 at 10:05pm
     I am a Canadian Citizen and would like to sponsor my spouse(married May 19 2012) We've been in a long distance relationship for almost 4 years now and just got married. We've been visiting each other about once a month. We both have children from previous marriages. I've researched the whole spousal sponsorship thing and collected and filled out the appropriate forms to sponsor him. The question is can he be sponsored because of criminal record. He was living and working in Canada on a work permit. While here in 2007 his wife(now his ex-wife) at the time had him charged with assault. He was found guilty and given a conditional discharge with one year probation.
     With that said, according to the CIC website, for inadmissabilty he has to be "convicted" of a crime. Now I'm no lawyer, but after extensive research, a conditional discharge is not a criminal "conviction". The conditional discharge would be removed off his record 3 years after his probation was succesfully completed. So this I'm thinking shouldn't affect him, but I'm not entirely sure. In 2005 his wife at the time had him charged in the USA twice within 4 days with Assault & Battery, and was arrested, but then she dismissed these charges. We have filled for his FBI check, unsure of what will show up. Will these charges make him inadmissable and unable to sponsor.
     The reason I am asking is because these things showed up one time when he tried to cross the border to visit me. Luckily he had his Canadian paperwork and they let him in. The next time he tried, his arrests from the USA showed up and they refused him entry, because he had no proof. He went back to the border with proof and they let him through. This has been a bettle for 3 years, they hall him in, question him, go over his papers and then let him through. If it's such a hassle at the border, what's the whole immigration process going to be like. Any help would be greatly appreciated. Thanks Kim.
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 31 May 2012 at 1:11am
I do not know how Canadian criminal records work, so I have nothing to offer about that one.

For the U.S. -- First things first: get the FBI report and see what it says.

If it fails to clearly show that the U.S. charges were dismissed: Courts can be sloppy about submitting dispositions, so sometimes the arrest shows up in the NCIC which is then what is reflected in the FBI report, but there's no disposition. For crossing the border, court documents showing the disposition resulting in no conviction works, usually. And indeed, I would expect that to work in making the sponsorship PR application as well -- submitting a certified copy of the official court disposition showing the charges were dismissed, and these could be included as part of the explanation in response to the item that asks about arrests or charges and such. That should do it, making sure to reveal the arrest/charges and to affirmatively state they were dismissed giving the details of the dismissal: court and date at minimum, but best to include a copy of official court papers showing the disposition.

You hope, though, that the FBI record does show the disposition, and does so correctly: "dismissed" (or some equivalent). This should suffice. Still disclose the arrest/charge and in the explanation clearly state that the charges were dismissed.

Regardless of doing what needs to be done for purposes of the PR application, if the FBI record does not clearly show the disposition as dismissed, that should probably get fixed. I do not know how to do that. I would hire a lawyer to do it (cause I can afford to), but I suspect that so long as you have or can obtain certified copies of the disposition showing the charges dismissed it should not be that difficult to do on your own . . . probably some information about how to do this at the FBI site.

Either way, expect this history to trigger some additional background checks and a bit of a delay compared to most applicants. Should not be problematic in the long-term but it is the sort of thing that CIC will want to look into some, and that tends to take a little extra time.
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
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xprecious32 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote xprecious32 Quote  Post ReplyReply Direct Link To This Post Posted: 31 May 2012 at 10:06am
Ok Thanks. I guess all we can do is wait for the FBI Check. And in the meantime, I guess we can try to get the dispostions from court. Although I'm not entirely sure it even went to court. But we'll try anyway.
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 31 May 2012 at 3:08pm
If there was an arrest, there needs to be some disposition. CBSA is usually fairly tough about charges made and not resolved. That, in their view, means the matter is still pending, and that can be problematic.

If there is no formal disposition affirming the dismissal of the charges, a person should be able to apply to the appropriate court and obtain a formal ruling that the charges were dismissed.

If there is no formal disposition affirming that the charges are dismissed that could be problematic. Best to consult a lawyer in that case.

All that said: Maybe the charges will not even appear in the FBI report. In that event you will almost certainly need a State issued police clearance/certificate . . . and, frankly, I would go ahead and apply to get that sooner rather than later as well. And where to go then similarly depends on what that certificate displays.
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
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