Criminal Record

[walkerl79 0]

Hi, I am the USC and my wife is the CDN. She has a criminal record from about 7 years ago. No jail time just a fine of $5,000. Will this keep her from getting a green card? Please help.

[Cathi 5,609]

it depends on what the conviction was for

[Boiler 43,393]

Possibly.

[walkerl79 0]

Lawful Distributor

http://www.rcmp-grc.gc.ca/qc/services/sef-fis/prop_intel-eng.htm

[Ontarkie 13,902]

I know theft itself is a CMT but just one is not usually an automatic denial, but theft of satellite signals seems to be a bit more harsh. Since she got a 5,000 dollar fine. You are going to need her court records, and get the Fingerprint background check.

Edited September 9, 2012 by Ontarkie

[Ontarkie 13,902]

Also once she has her court records she will know whether she has a summary offence or a indictable offences. The little bit of research I have done, says for a summery offences they can receive up to 6 months in jail and/or a fine up to 5,000. She may have gotten lucky with a summery offence since you said she got a fine and no jail time and if she did that will make a big difference. All I know for sure is get all the documents you can and get at least 3 copies of the court records. Hopefully she won't need a waiver, and once she does get to the US she will need the records for any other steps she has with USCIS

[walkerl79 0]

Would a immigration lawyer be able to help any? She is going to try and get it pardoned. Would having me,my family, and friends write letters to our congressman/senators help? Thanks for all the help.

[walkerl79 0]

Also once she has her court records she will know whether she has a summary offence or a indictable offences. The little bit of research I have done, says for a summery offences they can receive up to 6 months in jail and/or a fine up to 5,000. She may have gotten lucky with a summery offence since you said she got a fine and no jail time and if she did that will make a big difference. All I know for sure is get all the documents you can and get at least 3 copies of the court records. Hopefully she won't need a waiver, and once she does get to the US she will need the records for any other steps she has with USCIS

Waiver?? What kind of waiver? She has never needed a waiver to enter the US. She enters a few times a year with just a passport. Only stays a few days tho.

[walkerl79 0]

She said she isn't sure how much the fine was. She said it was less than 5 for both her and her ex. So she is guessing 2000 dollar fine per person. Since we only are worried about her..say around 2k.

Edited September 9, 2012 by walkerl79

[walkerl79 0]

She said no jail time was ever said. Just said she would get jail time if she didn't pay the fine. RCMP officer also told her she could have it purged from her record.

[Canadiandggal 49]

She said no jail time was ever said. Just said she would get jail time if she didn't pay the fine. RCMP officer also told her she could have it purged from her record.

The USA does not consider a Canadian pardon or purge, as it is from Canada so They still will consider her as having a record.

However, I suggust you call the court that she attended and request her court records to further help her case (I asked for 6 copies of each). If she had a summary offense and only one it is likely she will be ok.

[Flames9_RN 358]

Like others have stated--get the court documents-----and when you get the background check, ensure you get the fingerprinting completed! Immigration attorney has no secret method---only method that have is taking ur $$$$$$. You will still have to run around and get the required documents!

[Sweetcheeksss 91]

As Canadiandggal mentioned above, don't waste your time/money on getting a pardon or purging it. Immigration will still be able to see it on her background check and she will have to provide certified court documents of what section she was charged under the Canadian Criminal Code, what she was sentenced to and what (if any) probation she got.

And just as a FYI, it doesn't really matter what sentence she ended up with, what matters to Immigration is what the MAX she could have been sentenced to. That's what will make or break whether or not you will require a waiver.

[Sweetcheeksss 91]

When I google "Lawful Distrubtion" under the CCC it tells me it falls under CCC section 327(1) (http://www.lawyers.ca/statutes/criminal_code_of_canada_theft.htm)

"Possession of device to obtain telecommunication facility or service

327. (1) Every one who, without lawful excuse, the proof of which lies on him, manufactures, possesses, sells or offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for obtaining the use of any telecommunication facility or service, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to obtain the use of any telecommunication facility or service without payment of a lawful charge therefor, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Forfeiture

(2) Where a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), any instrument or device in relation to which the offence was committed or the possession of which constituted the offence, on such conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs. "

If that is accurate, looks like what she was charged with is an indictable offense. Unfortunately, that's the more serious of Canada's two offenses (summary vs indictable). Tho, I am not a lawyer so I could be way off here...