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US Record Affect on Spousal PR within Canada-HELP!

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ACS View Drop Down
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Joined: 04 Jun 2013
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ACS Quote  Post ReplyReply Direct Link To This Post Topic: US Record Affect on Spousal PR within Canada-HELP!
    Posted: 04 Jun 2013 at 6:08pm
My question is simple, however there's lots of background as it's somewhat complicated.


Question: How will my husband's record from the USA (info below) affect the decision on our Permanent Residency Application?

Background info:
My husband and I have known each other for 7.5 years, will be married for 4 years this summer, and our (only) son is 2.5 years old and born here in Canada.

My husband came to Canada with me on a Visitor Visa in 2010. During the visit we changed our plans and decided not to return to the Dominican Republic where we were living and to stay in Canada. Our first son was born while his Visitor Status was still valid and we were working on PR papers. I had complications from the C-Section and stayed in the hospital until just about the time his status was expiring.

We sent in a request for extension (online) so we could finish the papers the day before his status expired. So according to the CIC website he would be on Implied Status. A month later we got an email saying it was transferred to Etobicoke. We never heard from them again.

With my recovery, life being busy (new son!), plus moneywise (the application is pretty expensive when I couldn't work due to the complications, and my husband of course unable to work, we live with my family and relied on their support), and also since he has lived all over the world we have had trouble getting ALL of his Police Record checks (from 4 different countries) in and valid at the same time.

Until now we have been able to get it all together at the same time, and afford to send it in (now that I am working – 2 jobs).

We have been advised by reps at CIC Call Center, as well as on the CIC website, that technically it doesn't matter his legal status in Canada, and that regardless he is still considered on Implied Status, although we should have followed up sooner. They now apparently have no record of our Visitor Visa Application, and we can't sign in on the site anymore, but we DO have the emails that came to advise us our application was received and forwarded for processing.

My husband had a Visitor Visa in Canada back in 2005 (right before we knew each other or were married). He crossed illegally into the USA to be able to see his adoptive mother. He was convicted and did his time (3 months) and then left the USA voluntarily. He was given a certain amount of time to leave the USA of his own accord, which he did, therefore he was not deported.

The FBI record check says the following:
Arrested or Recieved 2005/03/11
Charge 1 - Deportable Alien

Arrested or Recieved 2005/03/15
Charge 1 - Illegal Entry

Guility Plea 4/5/05 - Sentenced Time Served



Can this record from the USA affect the decision for PR? Clearly it has been dealt with, and the time served. We are a legitimate couple (with proof of all the 7.5 years we've been together, and our son being born here)...the problem was with the USA, not Canada.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 05 Jun 2013 at 11:45am
The question relates to the degree of crime in Canada, which can be a difficult determination to make.  From my own search of the Canadian Criminal Code ( http://laws-lois.justice.gc.ca) I cannot find anything which makes being in Canada without status unlawful itself.

You should consult with an immigration lawyer having experience in criminal inadmissibility issues.

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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