Please offer some advise, k1 w/ criminal history :(

[njuser19 0]

Hi All,

I am a new user to the site. I am a 33 year old male living in New Jersey dating a 22 year old female Canadian citizen. We met via playing online games and were friends. My mom passed away 5 years ago and her mom had cancer and passed away. This is how we became closer and I felt a sense of trust, honesty, and open-ness that I had never felt before. I drove up to Canada on 3/6/2008 and we met and have been madily in love since then. We sometimes think its fate that two horrible experiences brought us together but that being said. Since that time going forward till February of last year I was denied entry to Canada (was going up for the 1 year anniversary of her moms passing) because of my criminal history. This is something that I am completely ashamed of and I had told her about my history earlier in the relationship. Please do not flame me as this is hard for me but when I was 19/20 I was convicted of two crimes because I was dating a 14 year old. And I completely acknowledge HORRIBLE judgment and I gave a written confession (which everyone tells me I was stupid to do but I was too stupid and naive to know what I was getting myself into. I was charged with Sexual Assault of a minor and Endangering the welfare of a minor and ended up being charged w/ Endangering Welfare of a minor. I was served with 2 years probation and 30 days SLAP (a jail sentense that is served as community service) so I never was jailed or served any time in prison. I completed my SLAP program along with my 2 years probation and was not sent for any mental help or anything. So now my story is that I am denied admissibility into Canada so she has been traveling from Canada -> NJ since then. In December we had a genius idea of lending her my car to drive back home and upon entry back into US she was denied because the kind hearted border patrol agent (even tho she had every peice of evidence to prove her residency in Canada) denied her and marked her passport as "high risk to illegally immigrate" and was told to spend some time in Canada and cross again in a few months. In March she took a plane ride and was giving some problems but she signed a form saying she would be back in 2 weeks which she was. She has a 3 year old son( she has sole custody) and is a single mom with no help or family around to help her and the relationship with her son is great. That being said we planned to meet on Saturday as the fathers grand mother was going to drive her over the buffalo border but was again denied because she doesnt have a job and didn't pack enough...

Now comes the depressing news... Since we are having problems either way we decided best to do K1 fiance visa and I went today to a lawyer only to find out that I wont get it because of my criminal history :'(. I have been crying since then because this is the girl I want to spend my life with and after losing my mom, losing a brother last month and now this is just too much for me to handle. I have searched all day and this forum seems the best place for some sort of advice. I don't know what to do I acknowledge a complete mistake and bad judgment 13 years ago. It is a tier 1 meaning I register w/ megans law sex offender every year since I was 20 and my conviction can not be explunged. ::sigh:: I cry as I write all this because I cant imagine my life w/o her. What do I do???? :'( I cant find any answers online. She doesnt have family in the states so she cant be sponsored ( Please dont flame me for my mistake.. I have a great standing in community and that mistake is the only thing on my record before and after that time.... 13 years ago...

[Matt&Kaci 3]

Hi All,

I am a new user to the site. I am a 33 year old male living in New Jersey dating a 22 year old female Canadian citizen. We met via playing online games and were friends. My mom passed away 5 years ago and her mom had cancer and passed away. This is how we became closer and I felt a sense of trust, honesty, and open-ness that I had never felt before. I drove up to Canada on 3/6/2008 and we met and have been madily in love since then. We sometimes think its fate that two horrible experiences brought us together but that being said. Since that time going forward till February of last year I was denied entry to Canada (was going up for the 1 year anniversary of her moms passing) because of my criminal history. This is something that I am completely ashamed of and I had told her about my history earlier in the relationship. Please do not flame me as this is hard for me but when I was 19/20 I was convicted of two crimes because I was dating a 14 year old. And I completely acknowledge HORRIBLE judgment and I gave a written confession (which everyone tells me I was stupid to do but I was too stupid and naive to know what I was getting myself into. I was charged with Sexual Assault of a minor and Endangering the welfare of a minor and ended up being charged w/ Endangering Welfare of a minor. I was served with 2 years probation and 30 days SLAP (a jail sentense that is served as community service) so I never was jailed or served any time in prison. I completed my SLAP program along with my 2 years probation and was not sent for any mental help or anything. So now my story is that I am denied admissibility into Canada so she has been traveling from Canada -> NJ since then. In December we had a genius idea of lending her my car to drive back home and upon entry back into US she was denied because the kind hearted border patrol agent (even tho she had every peice of evidence to prove her residency in Canada) denied her and marked her passport as "high risk to illegally immigrate" and was told to spend some time in Canada and cross again in a few months. In March she took a plane ride and was giving some problems but she signed a form saying she would be back in 2 weeks which she was. She has a 3 year old son( she has sole custody) and is a single mom with no help or family around to help her and the relationship with her son is great. That being said we planned to meet on Saturday as the fathers grand mother was going to drive her over the buffalo border but was again denied because she doesnt have a job and didn't pack enough...

Now comes the depressing news... Since we are having problems either way we decided best to do K1 fiance visa and I went today to a lawyer only to find out that I wont get it because of my criminal history :'(. I have been crying since then because this is the girl I want to spend my life with and after losing my mom, losing a brother last month and now this is just too much for me to handle. I have searched all day and this forum seems the best place for some sort of advice. I don't know what to do I acknowledge a complete mistake and bad judgment 13 years ago. It is a tier 1 meaning I register w/ megans law sex offender every year since I was 20 and my conviction can not be explunged. ::sigh:: I cry as I write all this because I cant imagine my life w/o her. What do I do???? :'( I cant find any answers online. She doesnt have family in the states so she cant be sponsored ( Please dont flame me for my mistake.. I have a great standing in community and that mistake is the only thing on my record before and after that time.... 13 years ago...

I do not have the expertise to help you, but there are indiviuals on here that do. I just want to say I am sorry for what you are going through, just stay positive everything has a way of working itself out.

[payxibka 10,045]

Hi All,

I am a new user to the site. I am a 33 year old male living in New Jersey dating a 22 year old female Canadian citizen. We met via playing online games and were friends. My mom passed away 5 years ago and her mom had cancer and passed away. This is how we became closer and I felt a sense of trust, honesty, and open-ness that I had never felt before. I drove up to Canada on 3/6/2008 and we met and have been madily in love since then. We sometimes think its fate that two horrible experiences brought us together but that being said. Since that time going forward till February of last year I was denied entry to Canada (was going up for the 1 year anniversary of her moms passing) because of my criminal history. This is something that I am completely ashamed of and I had told her about my history earlier in the relationship. Please do not flame me as this is hard for me but when I was 19/20 I was convicted of two crimes because I was dating a 14 year old. And I completely acknowledge HORRIBLE judgment and I gave a written confession (which everyone tells me I was stupid to do but I was too stupid and naive to know what I was getting myself into. I was charged with Sexual Assault of a minor and Endangering the welfare of a minor and ended up being charged w/ Endangering Welfare of a minor. I was served with 2 years probation and 30 days SLAP (a jail sentense that is served as community service) so I never was jailed or served any time in prison. I completed my SLAP program along with my 2 years probation and was not sent for any mental help or anything. So now my story is that I am denied admissibility into Canada so she has been traveling from Canada -> NJ since then. In December we had a genius idea of lending her my car to drive back home and upon entry back into US she was denied because the kind hearted border patrol agent (even tho she had every peice of evidence to prove her residency in Canada) denied her and marked her passport as "high risk to illegally immigrate" and was told to spend some time in Canada and cross again in a few months. In March she took a plane ride and was giving some problems but she signed a form saying she would be back in 2 weeks which she was. She has a 3 year old son( she has sole custody) and is a single mom with no help or family around to help her and the relationship with her son is great. That being said we planned to meet on Saturday as the fathers grand mother was going to drive her over the buffalo border but was again denied because she doesnt have a job and didn't pack enough...

Now comes the depressing news... Since we are having problems either way we decided best to do K1 fiance visa and I went today to a lawyer only to find out that I wont get it because of my criminal history :'(. I have been crying since then because this is the girl I want to spend my life with and after losing my mom, losing a brother last month and now this is just too much for me to handle. I have searched all day and this forum seems the best place for some sort of advice. I don't know what to do I acknowledge a complete mistake and bad judgment 13 years ago. It is a tier 1 meaning I register w/ megans law sex offender every year since I was 20 and my conviction can not be explunged. ::sigh:: I cry as I write all this because I cant imagine my life w/o her. What do I do???? :'( I cant find any answers online. She doesnt have family in the states so she cant be sponsored ( Please dont flame me for my mistake.. I have a great standing in community and that mistake is the only thing on my record before and after that time.... 13 years ago...

There have been 1 or 2 here on this site who have successfully overcome AWA. It is a long and difficult road.....

Follow the link and snoop around that forum

http://www.visajourney.com/forums/forum/126-imbra-special-topics/

Edited June 23, 2010 by payxibka

[sachinky 465]

I believe you will have to overcome the Adam Walsh Act, which is not impossible but it is an uphill task. I'm sure others more knowledgeable will be able to guide you in the right direction.

I wish you all the luck!

Welcome to VJ.

Edited June 23, 2010 by sachinky

[njuser19 0]

Im sorry if I posted in wrong forum, mod feel free to move

[DamienJane 0]

omg heartbreaking story..sorry I cant be of help but I wish u all the best with your visa journey.

[William33 110]

Im sorry if I posted in wrong forum, mod feel free to move

Follow the advice of payxibka. Until you have a process in place, this is as good of a forum as any to outline your issue.

Regards,

William - VJ Moderation

[njuser19 0]

Talk about a rough night, could not fall asleep all night just having a lump in my throat and now im up first thing still tired. After reading some other threads what I was told from the lawyer was that like others I would have to file K1 then it will get caught because of my criminal history then sent down to DC and it would take 2 years and thousands upon thousands of dollars not including his fees he would charge and it isnt a gauranteed yes and I'm not made of money so I was taken back. I am in the process of having my share of the house my mom left us and should I pour all the money into this? We talked last night and we arent going to give up on each other but I already deal w/ anxiety and panic attacks and just feel so bleh . I tried a few other lawyers in the area but the two I had a chance to get a hold of charge $120 and $175 just for a consultation... Dont know how or where to go at this point. Again it was Tier 1, meaning its just a yearly registration with Megans Law which I have never missed and that is the only thing on my record.

[trailmix 77]

Hi,

I'm wondering if you have thoroughly researched the entry to Canada situation (just thinking this may be another option for the two of you).

You may want to read Overcoming criminal inadmissibility (from the Citizenship and Immigration Canada website). If you use the Next links at the bottom of each page, it walks you through the information and then you can find out how to apply.

The age of consent in Canada, at the time you were charged in the U.S., was 14 (it was raised to 16 in 2008). I'm certainly no lawyer, but this may work in your favour.

[njuser19 0]

Hi,

I'm wondering if you have thoroughly researched the entry to Canada situation (just thinking this may be another option for the two of you).

You may want to read Overcoming criminal inadmissibility (from the Citizenship and Immigration Canada website). If you use the Next links at the bottom of each page, it walks you through the information and then you can find out how to apply.

The age of consent in Canada, at the time you were charged in the U.S., was 14 (it was raised to 16 in 2008). I'm certainly no lawyer, but this may work in your favour.

I did fill out papers for admissibility back into Canada. I plan on working on that in the mean time also. I scheduled some appointments for some attorneys and it will be a wonderful way to spend her bday being apart (6/24/2010) Also looked into tourist visa for her to be able to visit for up to 6 months and just do whatever we can but I just am not sure if applying K1 etc effects any ability going back and forth between the two countries so we can at least still spend time together while this process goes on. This site has been very informative and am getting a better feel of what I am dealing with. Thank you everyone for support and kind wishes. Life has been very hard the past 5 years and just feels like its getting even more difficult.

[bobdabuilder 0]

I did fill out papers for admissibility back into Canada. I plan on working on that in the mean time also. I scheduled some appointments for some attorneys and it will be a wonderful way to spend her bday being apart (6/24/2010) Also looked into tourist visa for her to be able to visit for up to 6 months and just do whatever we can but I just am not sure if applying K1 etc effects any ability going back and forth between the two countries so we can at least still spend time together while this process goes on. This site has been very informative and am getting a better feel of what I am dealing with. Thank you everyone for support and kind wishes. Life has been very hard the past 5 years and just feels like its getting even more difficult.

Hi there,

In the past few years, Canada has become very tough on prospective migrants, both temporary and permanent. You will have a few problems even without your criminal history (which is serious). Like your girlfriend, you will be suspected of being at a high risk of illegally immigrating.

People with criminal histories are eligible to apply for a TMP or a permanent rehab. waiver. You will have to not only prove you are eligible for a waiver, but that you meet the other requirements of immigration. Most likely, the best you will be able to get is a TMP, not a permanent rehab waiver.

Your crimes are considered very severe in Canada, and it will be immensely difficult for you to get a waiver here. What I strongly suggest, is that you get a fantastic attorney to represent you. I too had a criminal past a long time ago (30 years ago) but they were non-severe, and most could be classified as misdemeanors in the US.

You have an uphill battle, but not an impossible one. Once you file for a K1, until it gets approved, CPB will have even stronger evidence that she has intent to immigrate. Please tell her NOT to attempt crossing, until she has the visa in hand. She can be arrested and detained with a lifetime bar, so please make sure she has everything in order.

Online, there are a couple experiences of people with a history of sex crimes applying for Canadian immigration. Both situations ended when they were refused for the waiver. Apparently the denial letter stated that the crimes were "significantly serious".

Good luck.

[trailmix 77]

You have an uphill battle, but not an impossible one. Once you file for a K1, until it gets approved, CPB will have even stronger evidence that she has intent to immigrate. Please tell her NOT to attempt crossing, until she has the visa in hand. She can be arrested and detained with a lifetime bar, so please make sure she has everything in order.

Bob,

I don't know if your Canadian information is correct at all, I don't know enough about it to judge, i'm sure the OP will find out more as his application progresses.

What I don't understand is why you are suggesting his wife should not visit him.

You say that once they file for the K1 "CPB will have even stronger evidence that she has intent to immigrate" - well I would certainly hope so, if she gives them that information (and she should if they do stop her to question her - along with her evidence of ties to Canada).

Why on earth would you suggest that she might be arrested and detained with a lifetime bar for attempting to visit??

As long as she is 100% honest with them at all times, there would be absolutely NO reason for a bar and in fact the NOA1 will probably help her as it proves that she is applying to immigrate and doing it the right way.

For heaven's sake, the guy is having a tough enough time as it is, why you would make up stuff for him to worry about - I just don't understand.

Edited June 23, 2010 by trailmix

[Rob and Jill 82]

Wow, what an incredibly tough situation. I would certainly get a really really good attorney. I was going to tell you to try and get it expunged until I saw you were denied that ability too. Is there anything at all you could use to reopen the case or change anything on it now?

I really feel for you on this. My mom was 14 and my Dad was 20 when they met, so it's not like this is an uncommon thing. Would you confirm what state this happened in, N.J.? Maybe there is an old law that was missed and it can be found now?

[njuser19 0]

Wow after reading bobdabuilders post while at work my eyes just completely teared up and its hard to work and function. Thank you trailmix about the post after I felt a bit better. Regarding admissability to Canada going off of there web site I can give you this info. I'm not going to bother going thru the if I was arrested in Canada because i do not know what the sentence would be as someone stated earlier that consent was 14 at the time of arrest but we will leave that factor to the side.

That being said it states as follows "Five years from completion of the sentence or commission of the offence". It has been 13 years since my arrest. And that was the only horrible mistake on my record.

Individual rehabilitation

Rehabilitation means that you lead a stable life and that you are unlikely to be involved in any further criminal activity.

If you want to come to Canada but you have committed or been convicted of a crime and you are not eligible for “deemed rehabilitation,” you must apply for rehabilitation to enter Canada. To apply for individual rehabilitation, at least five years must have passed since you completed all your criminal sentences. You must submit an application to the Canadian visa office in your area and pay a processing fee.

Please note: Applications for rehabilitation can take over a year to process, so make sure you plan for your visit far enough in advance.

**Going off of the app http://www.cic.gc.ca/english/information/applications/guides/5312E4.asp **

Are you eligible to apply for rehabilitation?

You are eligible to apply for rehabilitation if you have:

* committed an act outside of Canada and five years have elapsed since the act; <<5 years have elapsed>>

Rehabilitation removes the grounds of criminal inadmissibility. Rehabilitation means that you lead a stable lifestyle and that you are unlikely to be involved in any further criminal activity. I have been working at the same job for 8 years (in October) I lived at the same address for 28 years until my mom passed and I was unable to live there and be happy because of missing my mom, and have been at the new resisdense for 2 1/2 years... My role in the community is clean and when I have went for my megans law registration the detectives always ask me why I am still doing this and not getting it explunged along with them not even bothering to do the required house visit. I am also able to furnish letters from friends, families, my employer and whatever else would be needed.

---

@rob and jill - I was convicted in NJ and I hope there is something that can be done. I regret everything that happened and it was a horrible lapse in judgement. I never made a mistake before that and havent made a mistake since then. I am scheduled for 3 lawyer appointments all day tomorrow and figure out what course to take from there and how to go about it. When I went to apply for explugnement(sp?) I was told that my conviction was not allowed to be done and the only way was a governers pardon.. But also read online (dont know what state) that if the victim also writes a letter that it is possible? ::shrug:: I dont know...

@other posts of support - thank you, its funny how words on a screen can help someone feel a bit better and know that people can sympathize with our situation... I wont lie that this is so mentally draining, I already suffer from anxiety and panic attacks and feel like I'm falling apart. My significant other can only re assure me that she will not give up on me and it keeps me together. Now if only I could have some good news for once... past 5 years have been bad enough and only keep getting worse it seems like :/

[trailmix 77]

Hang in there, you are taking the steps needed to be successful.

One other thing I thought I would mention - from the Canada viewpoint, if possible it might be of benefit for your fiancee to consult with an immigration attorney in Canada, they would probably be able to explain to her exactly what you need to do.