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| Subject: criminal rehab application |
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Hi,
My wife is a permanent resident of the U.S. Her permanent residency application to Canada was denied a little over a year ago because of a 4-year-and-8-month-old shoplifting infraction (which is not a criminal conviction -- an infraction in California is less severe than a misdemeanour) in the U.S. We hired a lawyer to appeal the ruling and to obtain a Temporary Residence Permit (TRP) for my wife. The lawyer was successful in getting a one-year TRP for my wife but the appeal never got beyond us receiving the appeal record. Based on my conversation with the border officer when my wife moved to Canada this summer, it appears that the CIC did not intend to hear our appeal as my wife would soon be allowed to apply for criminal rehabilitation soon anyway. So that´s where we are now, focusing on the criminal rehabilitation process. Looking through the forms, the application seems very straightforward. So my questions are as follows:
Would it be recommended to hire a lawyer to make the criminal rehabilitation application on our behalf or is it something that we could do ourselves and obtain a successful result?
As I mentioned, the shoplifting infraction is now approx. 4-years and 8-months old. She was ordered to pay a fine and was forbidden to enter store in which the shoplifting took place for one year. The criminal rehabilitation application guidelines state that an application can be made FIVE years after the end of the sentence. Would that one-year ban from the store be considered a sentence, which would mean we would still need to wait another 16 months (instead of 4) to make our application?
Any advice on this would be greatly appreciated.
SnootchieBootchies
[02-02-2009,23:26]
[***.38.54.90]
snootchiebootchies |
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(in reply to: criminal rehab application)
CIC equated the charge and since all thefts are indictable offenses in Canada they made the correct decision.
Now is your wife worth an experienced authorized representative and do you both want to live in Canada? You decide if you need to hire someone.
Roy
www.cvimmigration.com
[03-02-2009,11:22]
[**.52.216.223]
Roy |
(in reply to: criminal rehab application)
Thanks for your reply, Roy.
Would you know the answer to my second question? The criminal rehabilitation application guidelines state that an application can be made FIVE years after the end of the sentence. She was order to pay restitution and was banned for one year from the store at which the theft took place. Would a one-year ban from a store be considered a sentence?
Thanks in advance for your advice.
Yan
[05-02-2009,20:27]
[***.38.54.90]
snootchiebootchies |
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