DUI

Canada Immigration Forum (discussion group)


 
       
Subject: DUI
  i plan to marry in canada to my girlfriend, she´s a canadian citizen, i hold a green card in US and in citizen process, but i have a DUI record from 4 years ago and i just went to canada.
if i go back to canada what is better for me, a sponsorship as a conjugal partner or just get married.
will i get removed from canada once i apply ( as a conugal or spouse ) and they notice i have a DUI record from 4 years ago.
Applying for a PR is out of the question, i am not a skilled worker.

[15-02-2006,22:29]
[**.176.217.122]
cybstem
(in reply to: DUI)
PR is out of the question? Then why do you mention sponsoring? Sponsoring also leads to PR.

Conjugal partner won`t work, you have no grounds not to get married. The DUI will cause a problem as you have to get it ` lifted`from your record or you will be denied PR. Suggest you talk to a lawyer.

[15-02-2006,22:42]
[**.37.48.242]
mklmkl
Conjugal partner won`t work, you have no grounds not to get married (in reply to: DUI)
what do you mean when i have no grounds to get married.
i read that if the 5 years have not gone by for a DUI you cannot do anything, not even lift the record.
so i can´t, just marry her there, my main concern is getting removed from canada when i try to file for PR, will that happen even if i am married to a canadian citizen or even denied PR being married.
so even if i marry, i have to wait the 5 years to get a PR.
i can´t afford a lawyer at this momment.

[16-02-2006,11:03]
[**.176.217.122]
cybstem
(in reply to: DUI)
i just want to be with her as soon as possible.
[16-02-2006,11:04]
[**.176.217.122]
cybstem
(in reply to: DUI)
even if you are denied PR, being married to a canadian citizen (important reason to be in canada) gives you the right to apply for temporary resident permit. once you have it (if it is granted for more than 6 months) you can apply for open work permit. one year from now you can apply for rehabilitation.
PS. where did you get the DUI conviction? did it involve arrest?

[16-02-2006,12:08]
[***.106.6.3]
Anonymous
(in reply to: DUI)
I mean, you have no reason NOT to marry this girl other than you don´t want you. You being in the US and she in Canada present no technical obstacle to this and the CIC will refuse your conjugal application because of this and tell you to apply as spouse. (Just do some online research, you´ll see a LOT of people who have been rejected for this category, very hard to prove).

All this is irrelevant though as your DUI might mean a rejection no matter what category you apply in. Check this out: http://britishexpats.com/forum/showthread.php?t=15078&highlight=DUI

As I said before, you will need an attorney or at least someone who can help you possibly wipe your slate clean.

[16-02-2006,19:32]
[**.37.48.242]
mklmkl
where did you get the DUI conviction? did it involve arrest? (in reply to: DUI)
i got my DUI in miami, florida and i got arrested, but i had no accidents or no other tickets, i never ever had problems with the law.
my only concern is will i get removed, if i apply for anything.

[16-02-2006,23:29]
[**.176.217.122]
cybstem
(in reply to: DUI)
yes. they will give you up to 3 months to leave Canada, otherwise you´ll be deported. there is no point in applying now for PR.
you have two options:
- apply for visa but don´t mention the dui (they don´t check for visa applications). one year from now apply for rehabilitation and after you can apply for PR (you might have problems when they´ll discover that you lied in the visitor visa application)
- apply now for PR, you got refusal, leave canada and apply for TRP from US (first get married in order to give them reason to give you the TRP), come back and apply for open work permit. again one year from now apply for rehabilitation and PR again

[17-02-2006,00:36]
[***.59.135.146]
Anonymous
refusal (in reply to: DUI)
if i get refusal, then they give me 3 months to leave,that´s not good in my record i bet.
i´m reading into the laws of having a DUI and there is good enough reason for me to stay in canada, that i can get a minister´s permit 19(2)(a.1) easily more than any other offense or conviction ( as per granted permit statistics on the cic site ).

On the application form for reahabilitation, witch is also used to obtain ( i believe ) a minister´s permit, it states (in the instruction guide )that probation should not be used in calculating the 5 year period, it´s pretty hard for me to calcualte exactly when do i rehabilitate, i got probation, license supension, and fined.
how do i calculate this it´s difficult, i think aplying for a temporary resident permit ( is this the same as a minister´s permit,im confused a little?)is my best bet.
Maybe just staying in canada as a tourist and traveling back and forth till i am able to rehabilitate.I need past experienced people on this topic and what they have done.
cause in most immigration cases we can process ourselves the applications.
It´s funny also when you ask for advice to a lawyer they tell you the basics and bend the facts a little to obtain you as a client.
i yet dont know what my best bet is cause im getting lotta different advices, i yet not have made a concrete desicion as what to do.

[17-02-2006,12:38]
[**.176.217.122]
cybstem
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