DUI conviction...
Feb 17th 2001, 10:48 pm
#1
Guest
Posts: n/a
Hello all,
I am a U.S. citizen who married a Canadian citizen in November of 2000. The original plan
was for me to move to Canada, but we have since learned that the DUI conviction I received
in 1997 prohibits me from even entering Canada. To make matters worse, she can't move to
the U.S. because of child custody concerns (her ex- husband has visitation rights with her
14 year old son). So what to do?
Is there any legal way for me to move to Canada? And if so, has anyone else gone through
this experience? I've heard that I can apply for a Minister's Permit to enter the country
temporarily, but most have said that it is not likely to be granted.
Please respond ASAP... My wife understands the situation but I have four new children who
keep asking, "when are you coming to live with us for good, Dad?" It breaks my heart to
tell them that I don't know.
Thanks,
Jim
I am a U.S. citizen who married a Canadian citizen in November of 2000. The original plan
was for me to move to Canada, but we have since learned that the DUI conviction I received
in 1997 prohibits me from even entering Canada. To make matters worse, she can't move to
the U.S. because of child custody concerns (her ex- husband has visitation rights with her
14 year old son). So what to do?
Is there any legal way for me to move to Canada? And if so, has anyone else gone through
this experience? I've heard that I can apply for a Minister's Permit to enter the country
temporarily, but most have said that it is not likely to be granted.
Please respond ASAP... My wife understands the situation but I have four new children who
keep asking, "when are you coming to live with us for good, Dad?" It breaks my heart to
tell them that I don't know.
Thanks,
Jim
Feb 19th 2001, 1:01 pm
#2
Guest
Posts: n/a
If you have not started the Immigrtaion process by having your wife sponsor you, the
process should be started now. After that a visa officer will make a determination as to
your admissibility and whether a applicaton for rehabilitation is required. I think you
and your wife will need help on this one as it is not straight forward.
Jim Metcalfe , Consultant and former visa officer
> Hello all,
>
> I am a U.S. citizen who married a Canadian citizen in November of 2000.
The original plan was for me to move to Canada, but we have since learned that the DUI
> conviction I received in 1997 prohibits me from even entering Canada. To
make matters worse, she can't move to the U.S. because of child custody concerns (her ex-
> husband has visitation rights with her 14 year old son). So what to do?
>
> Is there any legal way for me to move to Canada? And if so, has anyone
else gone through this experience? I've heard that I can apply for a Minister's Permit
to enter the
> country temporarily, but most have said that it is not likely to be
granted.
>
> Please respond ASAP... My wife understands the situation but I have four
new children who keep asking, "when are you coming to live with us for good,
Dad?" It breaks
> my heart to tell them that I don't know.
>
> Thanks,
>
> Jim
process should be started now. After that a visa officer will make a determination as to
your admissibility and whether a applicaton for rehabilitation is required. I think you
and your wife will need help on this one as it is not straight forward.
Jim Metcalfe , Consultant and former visa officer
> Hello all,
>
> I am a U.S. citizen who married a Canadian citizen in November of 2000.
The original plan was for me to move to Canada, but we have since learned that the DUI
> conviction I received in 1997 prohibits me from even entering Canada. To
make matters worse, she can't move to the U.S. because of child custody concerns (her ex-
> husband has visitation rights with her 14 year old son). So what to do?
>
> Is there any legal way for me to move to Canada? And if so, has anyone
else gone through this experience? I've heard that I can apply for a Minister's Permit
to enter the
> country temporarily, but most have said that it is not likely to be
granted.
>
> Please respond ASAP... My wife understands the situation but I have four
new children who keep asking, "when are you coming to live with us for good,
Dad?" It breaks
> my heart to tell them that I don't know.
>
> Thanks,
>
> Jim
Feb 19th 2001, 4:58 pm
#3
Guest
Posts: n/a
> Hello all,
>
> I am a U.S. citizen who married a Canadian citizen in November of 2000. The original
> plan was for me to move to Canada, but we have since learned that the DUI conviction I
> received in 1997 prohibits me from even entering Canada. To make matters worse, she
> can't move to the U.S. because of child custody concerns (her ex- husband has visitation
> rights with her 14 year old son). So what to do?
>
> Is there any legal way for me to move to Canada? And if so, has anyone else gone through
> this experience? I've heard that I can apply for a Minister's Permit to enter the
> country temporarily, but most have said that it is not likely to be granted.
>
> Please respond ASAP... My wife understands the situation but I have four new children
> who keep asking, "when are you coming to live with us for good, Dad?" It breaks my heart
> to tell them that I don't know.
I believe the following extract from OM IP95-07 best answers your question.
"Immigration policy allows for Minister's Permits to be issued to inadmissible persons or
persons reported under A27(2) of the Immigration Act where:
(a) there are compelling grounds to warrant favourable consideration, keeping in mind the
objectives of the Act;
(b) the need for the person to come into or to remain in Canada outweighs the risk of
their presence in Canada;
Persons to whom Minister's Permits have been issued are known simply as "permit holders".
The person concerned must seek an extension to the Minister's Permit until such time as
the inadmissibility is overcome (granted criminal rehabilitation), or the person has
resided continuously in Canada for 5 years, and request and are granted landing under A38
(medical cases).
While these persons are "permit holders" and cannot be considered as "applicants for
permanent residence", their true desire is to eventually be granted landing. During their
time in Canada as "permit holders", most of them will wish to seek employment. "
Information on criminal rehabilitation may be found at Campbell, Cohen's web site at the
following URL:
http://canadavisa.com/documents/criminal.htm
________
CAMPBELL, COHEN - attorneys at law [email protected] http://canadavisa.com
Online Community: http://canadavisa.com/community
>
> I am a U.S. citizen who married a Canadian citizen in November of 2000. The original
> plan was for me to move to Canada, but we have since learned that the DUI conviction I
> received in 1997 prohibits me from even entering Canada. To make matters worse, she
> can't move to the U.S. because of child custody concerns (her ex- husband has visitation
> rights with her 14 year old son). So what to do?
>
> Is there any legal way for me to move to Canada? And if so, has anyone else gone through
> this experience? I've heard that I can apply for a Minister's Permit to enter the
> country temporarily, but most have said that it is not likely to be granted.
>
> Please respond ASAP... My wife understands the situation but I have four new children
> who keep asking, "when are you coming to live with us for good, Dad?" It breaks my heart
> to tell them that I don't know.
I believe the following extract from OM IP95-07 best answers your question.
"Immigration policy allows for Minister's Permits to be issued to inadmissible persons or
persons reported under A27(2) of the Immigration Act where:
(a) there are compelling grounds to warrant favourable consideration, keeping in mind the
objectives of the Act;
(b) the need for the person to come into or to remain in Canada outweighs the risk of
their presence in Canada;
Persons to whom Minister's Permits have been issued are known simply as "permit holders".
The person concerned must seek an extension to the Minister's Permit until such time as
the inadmissibility is overcome (granted criminal rehabilitation), or the person has
resided continuously in Canada for 5 years, and request and are granted landing under A38
(medical cases).
While these persons are "permit holders" and cannot be considered as "applicants for
permanent residence", their true desire is to eventually be granted landing. During their
time in Canada as "permit holders", most of them will wish to seek employment. "
Information on criminal rehabilitation may be found at Campbell, Cohen's web site at the
following URL:
http://canadavisa.com/documents/criminal.htm
________
CAMPBELL, COHEN - attorneys at law [email protected] http://canadavisa.com
Online Community: http://canadavisa.com/community
