Roy or anyone else with insight pls help!!!

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Subject: Roy or anyone else with insight pls help!!!
  I´m new on this forum and have what I think is a serious problem with my application. I applied for PR at Buffalo in Sept 2004 and am still waiting for IA. In early 2005, I was asked for additional docs like IELTS, TEF and updated reference letter from my employer, which I submitted promptly, but I´ve heard nothing since. In the summer of this year, I was considering leaving the US for further studies in Europe (which I eventually decided against) and was told to get my FBI record before I left since it takes a long time to get it back and my IA could come any day. I was fully expecting the FBI record to come back clean as I´ve never been arrested (or so I thought) but I just got it back today, after abt 4mths and there was 1 record from when I was in college (2001) for a bad check payment (it said on the fbi card "arrested/received" on --/--/2001. Charge 1 deposit account fraud/ bad checks-misd. Court Magistrate--- Disp-convicted, Sent-Costs and/or restitution paid. I remember vaguely what it was that I had originally paid for, I think it was a parking ticket. All I remember was that it was a check to the local county courthouse and it bounced and my friends called me "incredibly stupid" for paying a fee to the court house with a bad check (not that it was intentional). I didn´t think it was a big deal. I got a letter stating that I had to go pay the ticket (and a fine) at the local police station and appear in court. I did just that. Got to the police station, they kept me waiting forever with a bunch of other people and then fingerprinted me (which kind of scared me and prompted me to ask if I was being arrested and if this would be on my record to which they replied no since I had come in to pay the fine voluntarily). I paid the fine and went to court on appointed date and plead no contest. I´d never been in any kind of trouble before then and haven´t since, I don´t even have a speeding ticket on my record. On my declaration for the Canadian PR, I answered no to both questions "have you ever been convicted of a crime" and "have you ever been in jail" (because I was told it was not an arrest). I certainly would have reported it on my application had I not been under the impression that I had gone in to pay a fine that day. Now I´m about to submit an FBI card which says contrary. Does this negate the entire process for me? I fear that my application may be denied not necessarily because I wrote a bad check in college, but because I didn´t report it :(
(in reply to: Roy or anyone else with insight pls help!!!)
Tara I know you would not like to hear maybe your okay or maybe your not okay but it depends on many factors.

The circumstances of the conviction are irrelevant.

One must equate the conviction to the Canadian equivalent to answer your question correctly. You need to send the actual State Law/Federal Law section to someone who has experience in equating offences.

You can apply for a pardon if permitted where your located or for rehabilitation if your conviction would make you inadmissible. See the manuals and here is the application for rehabilitation.

It depends on the actual section and whether it was a Federal or State offence and the amount of time you could have gotten for your transgression IF it is a transgression at all.

You got some work to do Tara but do not be too sad just yet.


(in reply to: Roy or anyone else with insight pls help!!!)
Thanks Roy. I did a google search on the state law and bacause of the amount of the check it´s not punishable by jail time. Maximum penalty is double the amount on the check and a service fee. It was considered a misdemeanor and I believe a state offence. It doesn´t look too bad on the US end. Since there was no jail time involved, I´m hoping it doen´t makes me inadmissible (based on the link to the manual you sent me, I think I may be ok), but I´m not yet sure about what the equating process will turn up. So far it looks like on the Canadian side, the punishment is also restitution and/ or community service. I´ll get some more legal advice on that. You´re right, I do have a lot of work to do but I´m hoping for the best. Thanks again Roy and happy holidays!
(in reply to: Roy or anyone else with insight pls help!!!)
In many states driving while impaired by alcohol is referred to as DUI or Driving Under the Influence the equivilant is not Impaired driving it is an offence that states the person was driving with excess alcohol of .08 or 80 milligrams In some states you can be convicted of the same offence at far lower rates especially if you are driving a commercial vehicle like .04 in DOC if I have my facts correct.


Canadian immigration (in reply to: Roy or anyone else with insight pls help!!!)
I have submitted my form at Buffalo office, at this time I have been asked to provide IELTS (General option )score. Please tell whether I will be rejected if my scores are not high enough???
Ashok Nayak
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