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| Subject: Spousal permanent residency application rejected |
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My wife is a permanent resident of the U.S. and she is currently living and working in the U.S. Her permanent residency application to Canada was recently rejected because of a 3.5 year-old shoplifting charge on her U.S. police record. We were surprised that a shoplifting charge on an otherwise clean record was sufficient to have her application rejected. She has paid all fines and restitution relating to this charge. She is, on all other counts, a perfect candidate (in my opinion). She is a database analyst with 8 years experience making about $70,000 USD per year. I´m a Canadian citizen (with a clean record) and a professional engineer making about $95,000 CAD per year. We knew the shoplifting charge would be a hurdle but we never expected an outright rejection! I live in Alberta and she had planned to move to Alberta. We hear all the time how the government wants to expedite immigration into the province to help with the labour shortage. It seems contradictory to not only reject my wife but also forcing me to move away from Canada. What recourse do we have available to us, besides me moving to the U.S.? Any help or insights are greatly appreciated. We are very disappointed in this turn of events. Thanks in advance.
[12-12-2007,07:23]
[***.59.105.162]
Flamingdirigible |
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(in reply to: Spousal permanent residency application rejected)
50 cents got a TRP to overcome his convictions! Your partner does not sound half as bad.
You can apply for a rehabilitation certificate since the States do not give Pardons. You can appeal the refusal and base your appeal on the facts.
Now what did you personally do wrong?
Think about it for a second longer......
You believed the hype on the CIC web site that you do not need a Consultant or Lawyer to assist you with your application. You need one now and do not rush into hiring the wrong individual, check references throughly, ensure they have done similair cases.
Together you make $165,000.00 dollars per year and since the dollars are at par I will not make a
distinction between these two dollars yet did you hire someone when you knew about the previous conviction?
Did your spouse admit to the conviction in her application or did CIC find it by their background checks?
Did the two of you provide any evidence to the circumstances of the conviction.
Has your partner ever entered Canada before and was considered deemed rehabilitated?
Roy
www.cvimmigration.com
[12-12-2007,07:53]
[**.52.217.27]
Roy |
(in reply to: Spousal permanent residency application rejected)
I´m sorry to hear your bad news.
Roy was correct.
If I were you, with a felony conviction I would find the best immigration attorney regardless of the fee before applying for the spousal sponsorship at the first place. Shoplifting may not be a serious crime, but still is a felony crime.
Like Roy said, now the only option you have to appeal with a good attorney.
Good Luck.
[12-12-2007,11:13]
[***.254.208.242]
Departed_Canadian |
(in reply to: Spousal permanent residency application rejected)
Just curious, is shoplifting really a felony? Doesn´t it have to reach a specific amount before it is? I´m just wondering, because that seems ridiculous if it is indeed a felony for small amounts.
[12-12-2007,11:50]
[***.225.80.19]
fbf2006 |
(in reply to: Spousal permanent residency application rejected)
Shoplifting may not sound that serious, but it is. In 2001, it was estimated that about 25 million/day worth of shoptlifting occurs in US. Retailers report that 0.6% of their products disappear from their shelves by the shoplifters, which eventually force them to raise the price for the rest.
The retail stores in the US have some right to inspect the suspect, and even detain him/her for some time. If they decide to prosecute, then it is nothing different than a theft charge. In Canada there is no separate class for shoplifting as fas as I know, they are considered just as theft crime.
[12-12-2007,12:44]
[***.254.208.242]
Departed_Canadian |
(in reply to: Spousal permanent residency application rejected)
I became curious also on it; and found the legal explanations in a simpler way:
By all definitions, Shoplifting is considered a crime and comes with penalties. Shoplifting is stealing something from a store. The legal term for Shoplifting is Petty Theft.
Shoplifting is considered a serious crime, depending on the value of the property stolen and/or the criminal record of the defendant. In most cases, first offenses such as Shoplifting are punishable by a small fine and 1 year of informal probation, even for a teen or juvenile offender. In some cases, a first offense of Shoplifting can be reduced to an infraction thus eliminating any criminal record.
Petty theft is usually charged as a misdemeanor if it is a first offense, and the value of the property stolen is valued between $50 and $400. Petty theft can be punishable by a fine of up to $400 or by imprisonment in County jail for up to 6 months, or both. Petty Theft can be charged as a felony on your second offense under Penal Code section 666. A second conviction of Petty Theft can carry a maximum sentence of 16 months in state prison. Not all courts will charge a second Petty Theft as a felony. In fact, many courts do charge a second Petty Theft as a misdemeanor, depending on the value of the property taken and the time that has lapsed since the prior Petty Theft.
If more than $400 worth, Grand Theft can be charged as a misdemeanor or felony and is punishable by up to one year in county jail or 16 months in state prison. Depending on the value of the goods stolen, shoplifting can be considered either Petty Theft or Grand Theft.
[12-12-2007,12:51]
[***.254.208.242]
Departed_Canadian |
(in reply to: Spousal permanent residency application rejected)
If you want somebody in Calgary to assist let me know but many celebrities get TRP to overcome a conviction because they are deemed rehab.
Someone who breaks into a house in Canada with the intent to commit theft could be sentenced to 25 years but highly unlikely.
People we all make mistakes like me trying to represent this client I had this morning.
[12-12-2007,12:59]
[**.158.60.232]
Roy |
(in reply to: Spousal permanent residency application rejected)
Hi Roy,
Thanks for your comments. To answer your questions,
1) Yes, my spouse admitted to the conviction in the original application. The Buffalo visa office came back a few months later asking for records from police departments in the 3 other states that has resided in in the past.
2) In her records, it is acknowledged as an infraction.
3) We did not provide any mitigating circumstances of the conviction just because it felt like we were providing empty excuses. We just admitted, provided evidence that she paid all her fines and restitution and left it like that.
4) My spouse has visited Canada countless times since the conviction. I´m not sure if that means she has been deemed rehabilitated.
5) Yes, please refer me someone in Calgary who could assist me.
Thanks to everyones for their help and suggestions.
[12-12-2007,14:59]
[***.59.105.162]
Flamingdirigible |
Application for Permanent Residence in Canada (in reply to: Spousal permanent residency application rejected)
Dear Sir.
I wish you a very happy Holidays.
Letter of acceptance
Please, accept my Application for Permanent Residence in Canada
Please, acceptance Application for Permanent Residence in Canada , and I have my PhD in Computer Engineering and Infomation Technology,with
Specializations in
No o5.13.01 System analysis, Control and Processing
ofInformation,
No 05.13.11 Mathematicl and Software for Computers,
Complexes and Computer Networks.
I Would like to apply to your esteemed University
seeking to be honored with your acceptance allowing me the chance to continue PostDoctoral Fellowships and Research in Computer Engineering.
I hope my application will receive your kind consideration and acceptance to let me have the chance to obtain the International PostDoctoral Fellowships and Research in Computer Engineering.
I would be grateful if you accept to be my Application for Permanent Residence in Canada
Please email me an Agreement Or Letter of Acceptance for
Application for Permanent Residence in Canada.
Your consideration will be highly appreciated,
With Best regards,
Yours Sincerely,
Dr.Ass.Prof.Yousef Daradkeh.
[22-12-2007,19:03]
[***.159.209.36]
Yousef Ibrahim Yousef Daradkeh |
Application for Permanent Residence in Canada (in reply to: Spousal permanent residency application rejected)
Dear Sir.
I wish you a very happy Holidays.
Letter of acceptance
Please, accept my Application for Permanent Residence in Canada
Please, acceptance Application for Permanent Residence in Canada , and I have my PhD in Computer Engineering and Infomation Technology,with
Specializations in
No o5.13.01 System analysis, Control and Processing
ofInformation,
No 05.13.11 Mathematicl and Software for Computers,
Complexes and Computer Networks.
I Would like to apply to your esteemed University
seeking to be honored with your acceptance allowing me the chance to continue PostDoctoral Fellowships and Research in Computer Engineering.
I hope my application will receive your kind consideration and acceptance to let me have the chance to obtain the International PostDoctoral Fellowships and Research in Computer Engineering.
I would be grateful if you accept to be my Application for Permanent Residence in Canada
Please email me an Agreement Or Letter of Acceptance for
Application for Permanent Residence in Canada.
Your consideration will be highly appreciated,
With Best regards,
Yours Sincerely,
Dr.Ass.Prof.Yousef Daradkeh.
[22-12-2007,19:05]
[***.159.209.36]
Yousef Ibrahim Yousef Daradkeh |
pls help (in reply to: Spousal permanent residency application rejected)
hi,i have also been charged with petty theft n than dropp down to infraction490.1,my husband is planning to apply for canadian immigration,i need to know...will i also face the smae problem.....mine was also in california..........stupid me....its costing me so much now.......please advice n if ny of u know ny gud lawyer in bay area,than pls tell....................help pls
[07-05-2008,18:17]
[**.126.215.6]
ritu |
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