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| Subject: Landed Immigrant w/ Felony Convictions |
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I was wondering about the possibility of loosing my landed immigrant status. The deal is that I live in the US and my dad is a landed immigrant. Through that, I also have landed immigrant status. At the time of my application, all back-ground checks were satisfied. However, since I received my permanent resident status, I was charged with 2 felony offenses in the US. 1 count of possession of marijuana with the intent to distribute and 1 count of possession of cocaine. I believe that these charges, in Canada, would be punishable by less than 10 years of jail time. If I am convicted of these charges will I lose my landed-immigrant status? Could this affect my fathers status? After I complete my sentence, if I am convicted, would I still be able to reside in Canada with the PR status since I have it already? Thanks if any one knows a possible answer to these questions.
[10-03-2008,17:39]
[***.64.1.242]
Kushiel |
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(in reply to: Landed Immigrant w/ Felony Convictions)
You have been charge with trafficking and you think the possible sentence is less then ten years.
How did you equate that?
If CIC finds out about your convictions of course they may come after you but the answer is in the details of the wording of the actual offense.
Your father is not your keeper as long as your not a child still.
Roy
www.cvimmigration.com
[10-03-2008,19:50]
[**.55.217.53]
Roy |
(in reply to: Landed Immigrant w/ Felony Convictions)
I looked at the Canadian legal code to equate the charges in the US to what they would be under Canadian law. Due to the amount I was charged with possessing, the sentence would be less than 10 years under Canadian law. At this point I have not been convicted, and chances are that I will not end up convicted. Since my background checks came clear when I was awarded permanent resident status, how likely so you think it would be that the CIC would find out if I was convicted? My charges were for distribution, not trafficking; and not even just distribution, but possession with the intent to distribute.
[11-03-2008,20:06]
[**.231.157.84]
Kushiel |
(in reply to: Landed Immigrant w/ Felony Convictions)
Your human shit! And need to go back to what ever country your born in! We don´t need people like you in Canada!
[16-03-2008,02:11]
[***.189.228.38]
Anonymous |
(in reply to: Landed Immigrant w/ Felony Convictions)
unfortunately, Kushiel... you will not be getting much sympathy or honest advice on your question.
thankfully, your father is not responsible for your actions and his status remains safe. However yours may not be. Crossing the border with a criminal conviction is a problem and you sir, have a big problem.
you obviously do not think you have done anything to be ashamed of and that sir, makes me hope that CIC kicks your sorry ass out of Canada the minute you try and cross the border. what a disrespectful thing to do after your father made such great efforts to offer you a better life.
[16-03-2008,03:03]
[**.155.160.37]
Sharon |
(in reply to: Landed Immigrant w/ Felony Convictions)
Lets take the emotion out of this situation people.
Now since you received your PR status you were charged. Quick Question, have you Landed yet????? If not then your in huge problem and its called misrepresentation......you are to inform CIC of any changes in circumstances. If your not landed yet your misrepresentation if it exists will affect your father.
Controlled Drugs and Substances Act Section section five clearly states you could get life in prison for trafficking in Marijuana.
Possession of Cocaine 7 years.
Read the IRPA Act regarding two or more offenses.
Now who cares what they or you call distribution! The Canadian Criminal code definition of "SELL"
"sell" ?vendre ?
"sell" includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration.
I guess its too late to tell you to behave yourself.
Roy
www.cvimmigration.com
[16-03-2008,08:05]
[**.52.218.72]
Anonymous |
(in reply to: Landed Immigrant w/ Felony Convictions)
Misrepresentation and Family Consequences
Nadine Gomm Regional Program Advisor to Joan Alderdice Citizenship and Immigration Officer CIC Vancouver
Admissions March 5, 2007: Misrep A40 ?The dependent in this type of scenario appears to be inadmissible for misrep,
assuming there is evidence documented on CAIPS. ?Example: Situations where the applicant does not make the
misrepresentation themselves hut, rather, it is done by someone else - a third party to the application. For example, a consultant or agent for an entrepreneur submits a monitoring report on behalf of the entrepreneur provides false information on the establishment of a business. ?Therefore, it is not unreasonable that the accompanying family member be deemed inadmissible if the HOF [Head of Family] makes false statements. To be found ?admissible,? without the HOF, wouldn´t make much sense. And, the misrep inadmissibility two-year provision starts from the date of the visa refusal. So, it is difficult
to argue that the inadmissibility does not apply to a new or different application (such as SP) within that 2 year period. The intent is that it ?sticks? for two years. An analogy is the need to obtain Authorization to Return (for one year) after being excluded, regardless of the intended purpose for return. It ?sticks? with you for one year.? ?As discussed at the recent workshop, there will always be more to learn about misrep through judicial challenges in the future. However, in a nutshell, the CIC position is that misrep inadmissibility for a dependent can be derived from misrep made by the Head of Family, as long as the visa is clearly refused for misrep, and all family members are refused for this reason. In overseas applications, the
determination of such misrep is made by the visa officer. Extending SP (student permit) where there is a known
inadmissibility of this type is therefore not recommended.?
[16-03-2008,08:09]
[**.52.218.72]
Roy |
(in reply to: Landed Immigrant w/ Felony Convictions)
Roy, the way I read it, they have already landed. Dad is in Canada, bad son is back in the US.
[16-03-2008,17:26]
[**.155.160.37]
Sharon |
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