Minted7

If you are talking about a police certificate than a copy is fine. A police report or court record well You should actually have like 5 certified copies as they want it at every step. It is a horrible situation.

In most cases if it was just one offense than he should be fine as they pretty much let everyone have a second chance....expect they can be really hard on "drug" convictions etc.

I remember you from the other posts....young and stupid ..I think He will be fine

yeah lol that was my hubby young and stupid!

Oh I just read in bold letters

Please note that even though the applicant may have provided the NVC with a copy of a document, the applicant is still required to bring the original document to the visa interview.

My question...what if the applicant provided NVC with a original document, and has a copy to bring to the visa interview

Thanks everyone.... USCIS, NVC, and the consulate know about his past stuff, and they have the police, and court records already, I just thought it has to mean something if at the time you were accused, the courts didn't want to convict you of something. Plus i was wondering, dosen't it say in the inadmissable stuff that anyone convicted of blah blah is inadmissble, don't they go by the books and stuff, because although he was arrested for something technically he wasn't convicted. But I don't know, I know it still looks bad that he was involved in something. I completly understand that view, of moral character and stuff.

Also we got an email about packet 4 intervew instuctions, they sent this thing called document status description, and lists all the paperwork and a letter next to it that explains if they need it, recieved it, and so on. under

Birth certificate, marriage certificate, and canada police certificate it says O = original document has been recieved and accepted as meeting post requirements. Now in the instuctions says to bring original copies , the only thing we don't have are the birth certificate, and poilce certificate becase they have them, is that okay? can't the consulate just use those ones, we have copies. But we do have the fingerprint style police check that came back clear...it came after he sent his things to NVC, so that original we have.

The first is easy. The'Crown' refers to the government on behalf of the people. It is represented by the prosecutor. Don't have definite answers on the others.

Thanyou!

Hey there I was wondering what some Canadian legal terms mean in U.S. legal terms. I have looked online and found some answers but would like some other opnions, I can't seem to find some definitions in U.S. terms. What I'm really looking for is to find out if my hubbys record is a conviction or not and whether there is a criminial record or not. The canadian term refers to "the crown" we don't have that term in U.S. is that like the jury? or judge, or something.

Withdrawn....... Withdrawal

The best result is for the crown to realize that it has no reasonable prospect for conviction and withdraw the case against the accused. This puts an end to the proceedings. There is no criminal record.

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Conditional Discharge........ Discharge

There are two types of discharges: absolute and conditional. Neither type of discharge constitutes a criminal record. This is because although the court makes a finding of guilt, no conviction is entered against the accused. There is therefore no record of conviction. It is the record of conviction that constitutes a “criminal record.” There are no conditions attached to an absolute discharge. Three years following the absolute discharge the discharge is automatically expunged and essentially becomes the equivalent of a pardon.

A conditional discharge becomes absolute after the expiry of the conditions ordered by the court. These conditions can be virtually anything that the court deems appropriate are generally the same sorts of conditions that might be attached to a less serious peace bond or a more serious probation order. Discharges must not be contrary to the public interest and must be in the interest of the accused person. In addition there must be no minimum sentence applicable to the offence in order to qualify for a discharge.

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ThankYou for taking the time to read this.

I live in Montreal, so Not going to travel to Toronto when there's 2 here in Montreal where I live.

Lucky you....... My hubby and I are flying over there for the interview!

Just booked my medical this afternoon for April 6th at 10am at the Medisys in Montreal. Keeping all my fingers crossed I don't pass out during my first blood test (I'm afraid of needles).

Oh you live closer to Montreal...I thought you would be doing yours in Toronto also.

Yes very frustrating. but hopefully it will go ok!

good luck!

Thankyou!

I know it's stressful, I totally understand what you mean.

Next week, post your question in Laurel's chat, or, if you think you'll forget or you're busy, go to immigrate2us.net and under the "Laurel Chat Logs" tab, you can post your question for next weeks' chat. The moderator will copy/paste your question into the chat for you and after the chat is done, she copies the entire thing to the website. That way, even if you cant' attend the chat, you will be able to see what Laurel said about your question.

Thanks so much, I appreciate it.

That envelope contains ALL your hubby's immigration past, anything he/you has submitted, any background/criminal check information that USCIS or the consulate has on your hubby, his interview stuff, any "confidential" stuff from USCIS or the consulate, his medical stuff.

I know there was another Canadian (Codybanks) - he got approved AT his interview for a K-1, went to the border cause he was moving to the US to get married and the POE pulled up something (I'm not sure what it was exactly) but it had to do with a past criminal issue and they revoked his visa. I don't know all the particulars, I'm not sure if he revealed his crime at his interview (tho I think he said he did) but the CBP officers said it made him inadmissible without a waiver. They actually stamped cancelled on his visa, called Montreal to tell them why they were revoking the visa and now he has been waiting a year (I think) for his waiver to be approved.

Yeah I remember Codybanks...poor guy. That sucks...this whole thing sucks. I am so stressed and anxious, nervous, upset. When will this all be over.

Lets say we get approved and we go to the POE at pearson....what exactly do the border patrol do they take that sealed envelope which has what inside? I'm assuming the paperwork from the consular approving everything? Does it show them in that packet of any criminal past stuff. Or they go look on their computers and stuff.

I posted a question in the chat room but it was too late.....I'll have to try again next week! She made a point somewhere about how the USCIS make decisions on waivers not consular officers.................so its so weird how my hubby passed the USCIS stage.

You've already told USCIS that your hubby had that in his background (I think?) so you should probably assume they will ask him about the details and want any "official" information he can provide at his interview. I wouldn't have the docs destroyed (if I were you) because, just like you said, what if they want something more and you can't get it because you asked to have the documents shredded?

I'd rather have it and not need it than need it and not have it....

Just my 2 cents.

Yeah thats what I was thinking....plus like you said they already know about the past because we have been through USCIS. Why would they let the case continue going forward up until interview time......if the past could be a problem. I don't understand this.....then there is still border crossing to worry about, this is so stressful.

Hey!

Yes I have to apply as I went though Pearson and they did a background run on me. before that i went though countless times and no issues.

I was trying to fly out of Pearson.

I believe it took a few weeks to get a conf. that they were destroyed. what city was it in do you know? its always good to do that.

have you looked into the I-601? i think that is what they are going to ask for. again best to have it ready at the interview.

and going with him to the interview would be good

Soo you had your interview and got approved then you were going through Pearson and they said no. thats sucks. Don't they do background checks all the other times everyone travels. So your saying if we get the withdrawn charges destroyed then when my hubby crosses the border they won't be there to view?

I'm hoping they won't ask for the waiver. With destroying the records im just concered what if the consulate wants more info but the records are destroyed. So you were fine at your interview though. sorry im a little confused about your interview.

Do you also know what canada legal terms mean in u.s. terms. like conditional discharge for 12months isn't that over 1yr time that the waiver thing says is it?

and what does withdrawn mean, i read online that it means there was no conviction and no criminal record thats why they would give a withdrawn to avoid giving the accused a conviction or criminal record. anyone know?

the ABSOLUTE BEST thing to do, is go to the arresting station and ask for them to get the records destroyed. they will do this if its been 5 or more years, and the charges were withdrawn. if you do this, nothing will show up when they do a background check, but this must be done and completed BEFORE the USCIS runs his BG.

i had the same issue- i got in a little bit of trouble long time ago, and the charges were withdrawn. but I wasn't aware that i could get the withdrawn charges destroyed. so when i crossed the border once- they saw it. and their thoughts are, even though the charges were withdrawn- you still did what you did! so now I have had to fill out an I-601 which waives this. you may want to look into filling out the I-601 and having it ready for the interview, just in case they request one.

its not an easy application, or cheap- i believe its 585.00 but having your interview in May, this gives you time to save and get it ready- so you can give it right then and there.

i went for my interview, i was approved, then a month later they sent me a letter stating i wasn't approved yet, and i needed to file an I-601, and i only had 30 days to do so! which was crazy coming up with that $$, and getting it prepared.

that was back in Dec, (Dec 29th they received it).....and im still waiting!

let me know if you need any further info or help!

good luck

Jen

Thanks for your reply!

Do they destroy them right on the spot? and you said have them done before USCIS does the background check? They have already done it. So the only reason you are doing a waiver is because you tried crossing the border once and they didn't let you through. My hubby has crossed a bunch of times already, at pearson international, did you cross by plane or drive across?

Hope you are all doing well. My hubby and I are becoming really nervous about my his interview soon. and I am finding myself asking people for any tips. I am the pet my hubby is the benf. He has a interview in Montreal May 3rd! coming up!. We are very nervous because 13yrs ago he got arrested for smoking pot. He was at a park with a group of friends and police came and found them. He had only .63 grams on him ..not even 1. anyways his case got withdrawn and dropped.

His other problem was he got caught for taking a purse in the airport and got caought in the garage. He got a conditional discharge be good for a year and then they dropped and withdrew the charges also.

When he has the medical soon he is going to tell them he smoked it once when he was 19 ..13yrs ago and got caught. which is true.

We have all the court records, police records, all showing everything withdrawn.

My question to you is do you think we are facing a denial? This is so scary and we are very nervous. His charges were all withdrawn so that means he wasn't convicted. and it was a long time ago.

I am also currently visiting him, and I want to attend the interview with him, do you think that is a problem also?

We just want everything to be okay....Thankyou for taking the time to read this!

Yes! Thankyou soo much!

So when my hubby goes for his medical in Toronto, we have to print out the email NVC sent about his interview date and bring it with us with some other stuff. Can we start doing medicals now or its to early?

I was looking for a post Jen & Greet made awhile ago, she posted up her paperwork and what she was taking to the interview....I liked the order and stuff, can anyone else find it? I went far back but I still don't see it.

I also got another question, my hubby sent his original long style birth certificate to NVC , and now in the interview package email it says bring all original documents.....he has a bunch of copies he made of his birthc and they have it there with them, can they just use that one, and we bring the copy? The same thing happened with his police certificate, the NVC has the one with the bumpy seal on it........but we have the fingerprint style original one came after he mailed his IV stuff, so thats good.

Congratulations all the best

Thanks you guys! we are so scared. =/

Haha, nice timing then! My husband won't be joining. There really isn't a point for him to spend $400 to come since he isn't needed at the interview. Plus, he doesn't have any more vacation days left. He didn't even have any the last time he came to visit me. Next time I see my husband is when I move to the USA in May!

Aww, you'll be reunited soon! My hubby got the same email with the interview package, I know he had to take original documents.....but the long style birth certificate he sent to NVC ......so that's the only thing that he dosen't have, he made a copy of it though, you think that will be okay? Can't they just use it at the interview, I know they will have it already.

Thanks OBX!

Are any of you guys going to the interview with your hubbys..or wives? I happen to be visiting my hubby from Feb1st to May 5th and randomly we found out May 3rd is his interview.... out of the blue!

Got my interview package this morning at 6am. Anyone else that just got their interviews assigned yesterday also get their interview letters?

Yes! Us too. My hubby got an email about the interview, and what to bring.

Hey everyone! So happy to hear of all the upcoming interviews. My hubby also recieved an interview for May 3rd, 8am! Goodluck to all of us!

So I called NVC just now and the operator told me congrats just today you have an interview set up May 3rd @ 8AM! Ahhhhh this is awesome, so nervous and anxious.