US court, Belorus citizenship, EE Canada. should I mention being arrested?

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illi4

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Dear all,


Dear all,


I checked my points for EE purposes and it looks like I have 460 points, so I expect to get ITA in few months after submitting the profile.

But I have a problem:

In 2005 and 2004 I was in the USA as Work and Travel student for 3 months each year. In 2005 I committed two criminal records - shoplifting and disorderly conduct. In both cases I was in court, paid small fines (up to 100 USD) and police took my fingertips. (It's awful, I know - but I was young). Since 2005 I've been to many countries including Western Europe, but I've never been to North America anymore. The strange thing that I checked online service  on the website of the court where I was convicted, but didn't find my case.  Today I've requested my police clearence certificate from FBI; unfortunately, it will be issued in 3 months



What should I do know? I see the following options:

1)  NOT mention that I have been to the USA. Do you think it is a good idea? If no, in what way can Canadian immigration officer find out that I have actually visited USA? I've already changed my foreign passport twice since being in the US.

2) Mention being in the US, but not mention arrests. Will I be supposed to provide clearance certificate from the US? I was in the US about 7 months in total but not in a row.

3) Explain everything as it is. In this case, I will be a subject of reabilitation. In this case, new problem arises:  for reabiliatation they want me to submit the set of documents which I will strugle to provide. For example, court judgement, state certificate from police authority, certificate of reabilitation. I don't have any document regarding these arrests. Moreover, I don't even remember the number of the courtcase.


All your thoughts and advise are very welcome!

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Riley Haas

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Hi,
Let's see if I can help answer your questions:
  • Don't do this. If they ask you if you've ever been to the US - and they won't necessarily ask you that question, that seems like an odd one for Canadian customs - you need to tell them the truth. Assume that they know everything about you. Canada, the US, the UK, New Zealand and Australia share traveler information between them and have for years. If you decide they don't know something and they do, you could be banned from entering Canada for years. [I just realized, you may be talking about the forms, rather than the entrance interview. If you are talking about the forms, it's particularly important here you be truthful and answer every question honestly and accurately.]
  • Again, don't do this. If they ask you about living in the US, answer their questions. If they don't, then don't bring it up. But answer any questions truthfully. If they ask you "Have you ever been arrested in the US?", whatever you do, do not lie.
  • You only have to answer the questions they ask you. You do not have to "explain everything" if they only ask you why you're coming to Canada.

So you were convicted?? If you just paid fines, these sound like misdemeanors and criminal rehabilitation may not apply since it's been 10 years. You have likely been automatically rehabilitated. The thing to find out is what charges would be the equivalent ones in Canada to those you were convicted of. That determines your inadmissibility/admissibility.

Hope this helps.

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illi4

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Dear Riley,

Thank you a lot for your help.

I don't really know whether I was convicted or not, I'm not sure what it means legally. But I know exactly that I was in court,  I admitted that I commited what I was accused of, and  I was given a choice:community services or fines.

Let my please clarify few things:

1) You wrote: " You have likely been automatically rehabilitated". Do you mean for Canada immigration purposes OR you mean the US criminal practice?? By the way, the last time I was in USA is 2006, not in 2005,  so 10 years haven't passed yet (sorry for misleading, I mixed it up - the whole story happened so many years ago)

2) Will I be asked to provide FBI clearence from the US at all? I was living the the US about 7 months in total,  but not in a row. 
That's what is written on the websight (http://www.cic.gc.ca/english/information/security/police-cert/intro.asp):

You must get one from each country or territory where you have lived for six or more months in a row since the age of 18. (For example, if you lived in a country for eight months but left on a two-week vacation, that counts as living there for eight months.)

What does it means to me? I do speak English, but this paragraph seems strange to me. Can you help?

3) What should I do in advance, apart from FBI History Check Requests? What do you think?

Thank you again for your help
« Last Edit: August 11, 2015, 09:57:58 AM by illi4 »

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Riley Haas

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So you were definitely convicted, if you received a sentence. Your sentence might have been minimal, or what have you, but you were convicted. I am responding to your questions in order.

  • My apologies, I was only referring to Canadian immigration. I have no idea whether or not there's a method for "rehabilitating" yourself within the US. It's still almost 10 years and if they were misdemeanors the waiting time is normally 5 years.
  • Since you said 3 months at a time, I thought nothing of it. But I think this might be a question that a consultant can better answer. If you can show that you only ever lived in the US for 3 months at a time (or less than 6 months at a time) then I suspect they don't require one. But I am just the webmaster and cannot tell you for certain. The crux of the matter, as far as I can tell, is when you were there. For example, if you were in the US for 3 months one year, and then four months a year later, I suspect you do not need an FBI clearance (but, if I were you, I would ask a professional); on the other hand, if you were in the US for 3 months, left for a few weeks and then were in the US again for another 4 months (or even 3 months), I suspect you will need a police clearance as part of your application.
  • You are asking about in advance of submitting your PR application or traveling to Canada?


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illi4

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Thank you for your response, now it's much clearer.

You're right, I probably should address these question to professional as well. And I probabl know the one)


When I  asked about things I should do in advance I meant in advance of submitting my PR application. Should I try to get some kind of clearance from local police, or local court? Do you know if it's possible at all?  Do you know anything about it?

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Riley Haas

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If you need to be rehabilitated, you will need court records around your convictions. And you can get those by contacting the court (it will depend where you were sentenced, local, state, federal...).

If not, you just need the FBI clearance (I think). Provided, of course, you meet the requirements of living there over 6 months "in a row."

 

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