spousal sponsorship

richard.williams

richard.williams

New Member
if a u.s. legal permanent resident got deported from the united states for an aggravated felony under u.s. immigration law, can they ever immigrate legally to canada under the spousal sponsorship program? if 10 years after they got deported, can they ever go to canada? can someone or anyone please tell me. rsvp. thank you.
 
Riley Haas

Riley Haas

Administrator
Staff member
Location
Toronto
Hi,
You will need to go through "Criminal Rehabilitation" before you can immigrate here. That's a long, complicated process for a felony (and might not even be possible, depending on the charge). I would suggest contacting a lawyer or consultant. We offer consultations for CAD$84.75.

Hope this helps.
 
richard.williams

richard.williams

New Member
well riley, im not gonna lie to you because it would be POINTLESS. i was born in EL SALVADOR but moved to the united states in 1994. i became a legal permanent resident but in 2009 got arrested in texas because of cocaine. i got charged with possession of a controlled substance with the intent to deliver. in 2012 i got deported because under u.s. immigration law its an aggravated felony. do you think that in the distant future under the spousal sponsorship program like past 2022 i can still immigrate legally to canada? rsvp. thanks. p.s. just want your honest opinion.
 
Riley Haas

Riley Haas

Administrator
Staff member
Location
Toronto
Hi Richard,
This is a tough question to answer, because it involves looking up the equivalent charges in Canada. I would suggest either finding the criminal code online, and looking up your equivalent charges (we have possession, don't know if it's specific to cocaine or not, and we have something called "intent to distribute") and their sentences, and then seeing whether or not you can apply for criminal rehabilitation, or I would seek legal advice (that will be faster, but obviously expensive). It all hinges on what the charges are in Canada (they would both be what we could call "indictable" offences here, i.e. felonies) and what sentences are proscribed in the criminal code.

Riley
 
Riley Haas

Riley Haas

Administrator
Staff member
Location
Toronto
In your case I would talk to a consultant or lawyer. As I noted earlier, we provide 20 minute (ish) consultations for $84.75. Other people might be more money or cheaper, depending (there are 7,000 consultants in Canada and lots of lawyers).

Victoria (on Vancouver Island) is probably the mildest city in the country, but Vancouver would be a close second. It's rainy, though. Just like the US northwest.
 
richard.williams

richard.williams

New Member
ok, well let me ask you this then if you dont mind. if i was deported from the u.s. for an aggravated felony under u.s. immigration law and i wanted to move to canada like in 2025 for example under the spousal sponsorship program, what would the best lawyer be able to do if the immigration officer is the one who has the last word in the case? how could lawyers help in a case like this? put yourself in the immigration officers shoes, the marriage might be believable but how can one explain the deportation from the u.s.? dont you think that this would arouse suspicion and even might get the case denied? how can an immigration lawyer make the case plausible? rsvp.
 
Riley Haas

Riley Haas

Administrator
Staff member
Location
Toronto
Hi Richard,
In your case a consultant or lawyer would identify the equivalent conviction(s) in Canada, and then write a submission that argues you have been punished in accordance with Canadian law and that you have been rehabilitated (and this would have to be supported by actions you have taken since your deportation).
The rehabilitation and sponsorship are different applications. You would have to apply for the former before you could be sponsored. Once you are rehabilitated, a different submission would accompany your sponsorship application explaining the deportation and your (in theory) approved criminal rehabilitation application.
Does that make sense?
 
R

richard

New Member
but riley do you think that my case is too complex to win and eventually gain permanent residency? just tell me the truth! sometimes even the very best lawyers cannot win all cases! do you think that i even have a decent chance of winning? just tell me the truth ok, i wont get angry because i suspect that my best chance is only 50/50! im not gonna get offended! if i thought that immigrating to canada was too complex or that my chances were pretty slim to none i would probably immigrate to australia instead but i just want your honest opinion or at least a percentage wise of what you think are my chances of winning like in a criminal defense trial........... rsvp.
 
richard.williams

richard.williams

New Member
but do you think that if someone was to be sponsored under the spousal program it wouldnt arouse suspicion or even red flags that at the same time they have an aggravated felony from the u.s.?????? do you know what i mean by red flags???? rsvp.
 
richard.williams

richard.williams

New Member
put yourself in an immigration officers shoes. dont you think that even the spousal sponsorship might go well, it will arouse suspicion or red flags once they see that you were deported from the united states in the past? how can an immigration officer be convinced that my marriage is legit? do you think that in my case it might be easier to immigrate to australia rather than to canada? rsvp.
 
Riley Haas

Riley Haas

Administrator
Staff member
Location
Toronto
Sorry, Richard, I can't do that. I'm just the webmaster.

But I can say that, unless the Australian immigration policies have changed since I lived there 10+ years ago (and they likely have), Canada is an easier route. But honestly, I don't know. I just know that 10+ years ago, Australia was not an easy place to immigrate to. (I was there on a study permit.)
 
richard.williams

richard.williams

New Member
but why would you think that canada would be an easier route????? what makes you think that australia is harder or trickier????? can you please explain. look at this, http://www.border.gov.au/Trav/Visa-1/300- i would think that its somewhat easier to immigrate to australia in my case because of what happened in the u.s. what do you think? rsvp.
 
Riley Haas

Riley Haas

Administrator
Staff member
Location
Toronto
Well I don't actually know. I was going off of my memories of the struggles people I met were having 10+ years ago.

So do you not have a spouse? Or is your spouse Canadian/Australian? I'm confused.
 
richard.williams

richard.williams

New Member
but then how do immigration officers determine who will get a permanent resident card and who doesnt under the spousal sponsorship program? has there ever been cases in which under the spousal sponsorship program the person who is being sponsored has had a criminal record, more specifically having gotten deported from the u.s. because they were a legal permanent resident with an aggravated felony and still managed to get a canadian permanent resident card under the spousal sponsorship program to your knowledge or hearsay? do you think that it maybe still possible like 10 years or more after having gotten deported from the u.s. to immigrate legally to canada under the spousal sponsorship program with a criminal record for something that happened a long time ago and that an immigration officer would approve it??? how do you see an immigration officer approving such a case for permanent residency? how can one tell or an immigration lawyer assuming hes seasoned and experienced know when such a case cant be won legally of course????? how many cases have there been where someone who is being sponsored also has a criminal record too at the same time? dont you think this might arouse suspicion to an immigration officer?????????????? rsvp.
 
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