Misdemanor while applying within Canada

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Subject: Misdemanor while applying within Canada
  Hi,
I was hoping somebody could help me out with a question I have.
I am sponsoring my wife to become a Permanent Resident within Canada. She is from Venezuela and she has been in Canada illegally for the last 4 years. We got married last May after 2 years of dating and I applied to sponsor her in December.
She got caught drunk in the streets. A police officer got her ID and she run away from the Officer (stupid Wife I know).
I want to know if this offense will affect her Immigration process.
Will she get deported? Will she have to return to Venezuela and will I have to apply for her from her country?
Thanks,
Worried husband

[18-02-2013,16:17]
[***.34.138.252]
Jeff
(in reply to: Misdemanor while applying within Canada)
Turn herself in a nearest Police station to see if there is an outstanding warrant on her name.
[19-02-2013,13:53]
[**.233.249.198]
Anonymous
Misdemanor while applying within Canada (in reply to: Misdemanor while applying within Canada)
Actually the Police came to our apartment and took her. I had to hire a lawyer and pay a bond.
Is this bad for her? Our application is in process. What I want to know is if this will look bad on our application. If this going to cause her deportation? at this moment I was only approved to sponsor her within Canada but now I´m afraid her application will be refused.
Any ideas?

[20-02-2013,13:22]
[***.34.138.252]
Jeff
THE DEEPEST HOLE (in reply to: Misdemanor while applying within Canada)
Yes, it will sure affect the application.

Illegal status and a pending criminal charge which will lead to a conviction or fine or dismissed most unlikely(She failed to remain at the scene).

An inland spousal sponsorship application or not, to overcome the inadmissibility is the most essential.

Having stayed in Canada without status is one thing. (subject to removal)

To land as PR under inland spousal sponsorship application is another.

A pending criminal case is a third thing. Suppose that the application is approved in principle( the first stage approved), the admissibility must be overcome. Lading as PR may be delayed because of the eventual conviction.


[21-02-2013,00:37]
[**.233.249.198]
Anonymous
(in reply to: Misdemanor while applying within Canada)
Thanks a lot for your input, I appreciate it.
I haven´t got approved in principle yet. My main concern here is if she is going to get deported because of what she did.
After we applied, we got a letter asking us to submit more information, they gave us a file number but haven´t heard anything back since. Now the accident with the Police happened so my main concern is to know if because of that, she will get deported.

[21-02-2013,13:40]
[***.34.138.252]
Jeff
STEPS TO BE TAKEN (in reply to: Misdemanor while applying within Canada)
In order to be removed under criminal proceedings, there are steps to be taken.

The individual must be considered danger to public and a report under some unspecific 41(a) must be written to the Minister by Canada Border Services Agency.

An interview must be done and consideration for Premoval risk assessment must be done. And removal ready and getting on the plane.


Just be worried about the spouse found inadmissible and the application denied and removed.

[22-02-2013,13:43]
[**.233.249.198]
Anonymous
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