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| Subject: Question about State clearance |
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As I wrote a few days ago, my husband (American) was recently refused PR under conjugal status (but have since been married.) In the refusal letter, the ONLY reasons they stated for the refusal was to do with our conjugal relationship, being no impediment to marriage and not having combined our assets, etc.
A new concern that just crept up (I think too much). Individual state clearance was not required because he applied from outside Canada. We only had to get FBI clearance.
He had a DUI charge about 20 years ago, he and a couple buddies spent the night in jail and did a few hours of community service. Our agency said let´s see if it shows up on the FBI report, which it didn´t, so they said not to worry about it.
What I´m wondering now, is does Buffalo automatically do police reports for each state you´ve lived in as a background check? Is there a chance they would have found out about this? If so, would they not have had to mention that in the refusal letter?
And if so, now that it´s been brought to their attention, will that make him inadmissible in Canada? He´s due to come back in 2 weeks to close on the house we just bought, and if he gets turned back at the airport, that´s going to be disasterous.
Do I have a reason to worry, or am I just obsessing?
[29-06-2005,21:53]
[**.114.78.4]
FWChelle |
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(in reply to: Question about State clearance)
CANADA ? Passport or proof of U.S. citizenship such as a birth certificate, naturalization certificate, and photo ID required. Minors (under 16) traveling alone or in someone else´s custody must present written authorization, signed before a notary, from the parent(s) or guardian. Visas are not required. Canadian immigration officials at ports of entry will issue persons planning to stay longer than 180 days a visitor´s record. Anyone with a criminal record (including a DWI charge) should contact the Canadian Embassy or nearest Consulate General before travel. U.S. citizens entering Canada from a third country must have a valid passport. For student or business travel, check with the Canadian Embassy, 501 Pennsylvania Ave., NW, Washington, DC 20001 (202/682-1740) or nearest Consulate General: CA (213/346-2701), MI (313/567-2085), NY (212/596-1700 or 716/858-9501), or WA (206/443-1375). Internet: www.canadianembassy.org
[01-07-2005,14:58]
[***.116.147.168]
dave |
(in reply to: Question about State clearance)
FWChelle
Sorry, the last post was taken from
http://travel.state.gov/travel/tips/brochures/brochures_1229.html#c
Any crime or arrest in a state is supposed to be reported to the FBI, but I have been hearing a lot of Americans who say that they had a DUI a while back which did not show up on the FBI check.
I think it has to do with the fact that in the US criminal law is almost entirely dictated by the individual states, and depending on the state law concerning DUIs may dictate wether it is considered a crime or not.
Dave
[01-07-2005,15:02]
[***.116.147.168]
dave |
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