juvenile offending records - refugee status

deneme

New Member
Hello,

I am in the US now and planning to relocate to Canada with the refugee process.

I would like to ask you the questions we have in mind. If it is possible,

I want to take your paid service - I want to be your client. I'm not sure if I meet the application conditions

HERE IS THE STORY:


I was involved in a crime in 2008, When I was 17 years old (juvenile offending)
Crime was "using a stolen credit card" equal to $80 damage
I was unfairly punished, but I could not prove it.
I was sentenced to 2 years and 6 months.
They gave probation. I did not go to prison.
Crime was in April 2008,
Court opened in July 2011
Supreme Court approved Jun 2016
I had a very long process.

I am still dealing with the crime. I am a 30 years old man.

I have no life safety in my country right now.
I was shot once with a gun, I was threatened many times.
I applied police and government a lot of the time. At least 10 cases are open.
No protection to me in my country. Because of my religion.


I came to the USA one week ago.
I have no peace anymore.
I want to move to Canada. Can I apply for refugee?

I will apply for asylum, but it makes me nervous to have a criminal record. I researched the rules.

I found this section:

"The penalty for credit card offenses depends on the type of offence and the amount that has been defrauded. According to the Criminal Code of Canada, the penalties for theft or forgery of a credit card, use or possession of a stolen or forged credit card or use of a revoked or canceled credit card can result in a 6 month jail term and/or $5,000 fine. The maximum penalty for an indictable offense is 10 years imprisonment. "

Among the conditions of application for asylum, there is an article like this:

With respect to criminal records, the Immigration and

Refugee Protection Act stipulates four main categories of crimes that may make a person ineligible to claim refugee status. If the person:

was convicted outside Canada, for an offence, which, if committed in Canada, would be a federal offence punishable by a maximum jail term of at least ten years,


Any ideas??
Thank you
 

deneme

New Member
may I apply rehabiliation??

:(


----

If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:

  • You are deemed rehabilitated: not applicable.
  • You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.


 

Riley Haas

Well-Known Member
Yes, that's right, you can apply for rehabilitation to come to Canada. But refugee status? That's a complicated story.

Officially Canada does not accept refugee applicants from the US. However, the border crisis a few years back severely tested that and Canada did indeed accept some refugees from the US. (I don't know the numbers off-hand; plenty were also sent back to the US or remain in detention.)

Your situation is more complicated than average person crossing the border a few years ago because you also have to address your criminal inadmissibility. I am not a lawyer but I suspect your chances of getting refugee status in Canada are not good.

Still, if you insist on trying, this is what you can do: proceed to an actual border crossing (do not cross the border illegally!) with the completed rehabilitation forms and tell the border guard that you want to apply for refugee status from your country. You will be given an application and you will be detained for some time. You may be deported back to the US, you may be detained while your application pends, you may be released in Canada while your application pends - those are the risks.
 

deneme

New Member
Yes, that's right, you can apply for rehabilitation to come to Canada. But refugee status? That's a complicated story.

Officially Canada does not accept refugee applicants from the US. However, the border crisis a few years back severely tested that and Canada did indeed accept some refugees from the US. (I don't know the numbers off-hand; plenty were also sent back to the US or remain in detention.)

Your situation is more complicated than average person crossing the border a few years ago because you also have to address your criminal inadmissibility. I am not a lawyer but I suspect your chances of getting refugee status in Canada are not good.

Still, if you insist on trying, this is what you can do: proceed to an actual border crossing (do not cross the border illegally!) with the completed rehabilitation forms and tell the border guard that you want to apply for refugee status from your country. You will be given an application and you will be detained for some time. You may be deported back to the US, you may be detained while your application pends, you may be released in Canada while your application pends - those are the risks.
Thanks for your realistic answers. you make me feel happy.

Yh. I will return my country then apply to TRVisas ,

First off all I have to fill in these rehabilation documents then If it is accepted and I get my visa, I can apply for a refugee in Canada without problem, right? I know you are not lawyer and I should arrange appoitment Attorney but whats your opinion about it? do i have a chance


Thanks
 

Riley Haas

Well-Known Member
That's basically how it goes, yes. You have to get to Canada to ask for refugee status OR you need to get it through Group of 5 sponsorship or the UN.

The company I work for has never done any refugee work, so I'm sorry to say I know little about this. But a lawyer or a consultant (RCIC) with refugee experience can certainly help you figure out how to do everything properly. Lawyers are expensive, consultants should be cheaper.
 
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