|
|
| Subject: Third Country Felony |
Is it possible to apply for PR in Canada if you are a non-american with a Non-Violent felony in US.But you have a clean record in your home country.
[08-07-2005,15:32]
[***.214.217.119]
cusak |
(in reply to: Third Country Felony)
Yes it is, As long as u have legal status (visa) in usa u can apply canada.
[08-07-2005,16:14]
[***.96.158.169]
buwa |
(in reply to: Third Country Felony)
General Information - Inadmissibility Issues
(information taken from - http://www.dfait-maeci.gc.ca/can-am/new_york/rightnav/information_inadmissibility-en.asp)
If you have ever been convicted of a criminal offence in any country, you may be inadmissible to Canada as a result of your criminal record. Even if you do not ordinarily require a visa to enter Canada, you may still be refused permission to enter Canada if you are a member of an inadmissible class.
Minor offenses, such as shoplifting, can give rise to a criminal inadmissibility. Driving while under the influence of alcohol is regarded as an extremely serious offence in Canada, and persons with convictions for this offence are inadmissible to Canada. Although Canada is similar to other countries in preventing the admission of convicted offenders, Canada does make provision to allow people with criminal records into Canada under certain circumstances.
If you were convicted of an offence in Canada and you wish to return to Canada, you must first apply for a pardon from the Clemency and Pardons Division of the National Parole Board. A pardon will permanently erase your Canadian criminal record, and any consequences of inadmissibility resulting from it. If you are unable to obtain a pardon, you may still apply for a Temporary Resident Permit. For more information on pardons, contact:
National Parole Board,
Clemency and Pardons Division,
340 Laurier Avenue West,
Ottawa, Ontario,
K1A 0R1
CANADA
If you were convicted outside Canada and five years have elapsed since the termination of the custodial portion (if any) of the sentence imposed (not the sentence served), you may apply through a visa office for a criminal rehabilitation at our office. The approval will permanently remove the inadmissibility caused by your conviction.
If you were convicted outside Canada and less than five years have elapsed, or if you are only seeking entry for a single or limited period, you may apply for a Temporary Resident Permit to come into Canada.
In general, applications for Approval of Rehabilitation, and Temporary Resident Permit take into consideration the nature of the offenses, the number of offenses on the applicant´s record, the length of time since the last offence, reports from parole or probation officers, the purpose for which entry is sought to Canada, and the applicant´s standing in the community.
Click here to download an application form for Approval of Rehabilitation or Temporary Resident Permit. Some applications for approval of rehabilitation or Temporary Resident Permit must be approved at the Headquarters of Citizenship and Immigration Canada, and the application process may be very time consuming.
If you are the subject of a previous deportation order from Canada, you require the Authorization to Return to Canada before you can enter Canada. You may apply at our office to obtain this Authorization.
If you have been the subject of an exclusion order within the past twelve (12) months, you will require the Authorization to Return to Canada from the Minister for Citizenship and Immigration before you may re-enter Canada.
If you have been the subject of a deportation order, you will also require the Authorization to Return to Canada from the Minister. Deportation orders, however, do not expire after twelve (12) months. Therefore, before you return to Canada you MUST obtain an Authorization to Return to Canada regardless of how long ago the order was issued.
If you have not obtained the Authorization to return to Canada, you can overcome this for a temporary period with a Temporary Resident Permit.
[08-07-2005,16:29]
[**.117.76.228]
Kenny |
(in reply to: Third Country Felony)
Very intresting No I havent been to canada perviously. However,this felony(US)is the only black mark on my record.I understand it takes a lengthy procedure of applying for pardon and other official paper work. I wonder getting a good immigration lawyer to do the paper work is a good idea or not. I was planning to apply for PR under the enterprenuer class.
[08-07-2005,19:02]
[***.214.217.183]
cusak |
"custodial portion" (in reply to: Third Country Felony)
Can you further define custodial portion? I´m in the process of immigrating and here on a TRP. My attorney is having me wait until July 08 to apply for PR as that is when the courts show my fines were paid. The custodial portion of my sentence was completed after 1 year of probation (if my opinion of the definition of custodial portion is correct).
Thanks
[09-10-2007,16:23]
[***.216.17.198]
Michael Turner |
|
