crime and canadian admissibility

Canada Immigration Forum (discussion group)


 
       
Subject: crime and canadian admissibility
  Dear Experts:

I am wondering if you could help me with my query.

We live in the US for the last 6 years. We have two small children were born in the US. Right now my wife is on H1B and working and I am on H4 as her dependent.

Recently, me and my wife had an argument at home. The legal system got involved in it and she had been charged with domestic abuse assault (serious misdemeanor). On the day of the incident although I requested the officer several times not to press charges against her, the state pressed charges against her. They have taken her finger prints and have recorded all the personal information. An attorney specializes in criminal law is working on our case to get this case dismissed. There were some medical problems and my wife is being treated for that. We both have negative criminal history. The court has ordered a pretrial conference scheduled for the end of July. We hope and pray that the case would be dismissed.

I would like to find out, (1) Before attending the pre-trial conference in July how difficult or easy it would be for my wife to go (exit USA) to the US consulate in Toronto to change her visa stamp on her passport and return back (enter USA) As mentioned before, they have taken her finger prints, pictures and have recorded all the personal information.

(2) if the case could not be dismissed (praying for to be dismissed) and if my wife is charged with either serious or simple misdemeanor (domestic assault), what are the repercussions. We have not initiated our green card paper work yet. And would there be a possibility of deportation?

(3) I am a Canadian citizen and my wife is a Canadian Permanent resident while holding an Indian passport. If convicted, can my wife return back to Canada with our kids and me and live with us in Canada. Would this affect our admissibility to enter Canada

I would appreciate your valuable opinion.

Sen
Iowa

[27-06-2007,05:08]
[**.216.41.228]
sen
(in reply to: crime and canadian admissibility)
Any Permanet Resident who has complied with residency obligations can enter Canada. The fact that a PR gets charged or convicted does not reflect on their right to remain in Canada.

as for question one and two you should seek out legal advice from someone that works in that area of expertise in the States.

Roy
www.cvimmigration.com

[27-06-2007,07:47]
[**.52.217.87]
Roy
(in reply to: crime and canadian admissibility)
Thank you so much for the response. May clarify this (The fact that a PR gets charged or convicted does not reflect on their right to remain in Canada). Does this mean if you are a PR you could enter the country(canada) although you have been charged or convicted in another country. In case if they look up don´t they see all the info regarding this PR (FBI records and all) at the border. Can it cause potential problems during the process of entering the country.
Thank you for the help. Appreciated very much
Sen

[27-06-2007,18:46]
[**.216.41.228]
sen
(in reply to: crime and canadian admissibility)
The reply was simple and clear. PR who have met residency obligations have a right to enter, period.

An American citizen last year who killed several people in the Maritimes even though he had weapons and blood on him was allowed to enter the USA because they had no right to refuse him entry.

If either side ascertains that you are wanted then other actions may occur after admission.

Roy
www.cvimmigration.com

[27-06-2007,23:26]
[**.52.218.206]
Roy
Background check (in reply to: crime and canadian admissibility)
Greetings,

Same topic, need an expert advice:

A person applies for a Canadian status from the territory of a european country. Will the background check automatically include a search criminal history in the US?

Thank you in advance.

[29-06-2007,19:56]
[**.239.138.203]
Ana
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