Trench

On all cic visa application forms I've noticed the question "Have you ever
been arrested, charged, or convicted of a crime in any country" All the
discussion I've seen about inadmisability have related to convictions. Does
someone become inadmissible by being arrested, or charged, with a crime,
even if they were not convicted? To me this seems rather unfair considering
that an arrest can be conducted in most countries without any sort of charge
being brought before a court. and a charge doesn't mean that a person
comitted a crime, they are simply being accused of it.

Andrew Miller

If someone has been arrested and/or is being charged then immigration will
wait for the conclusion of the legal process there before assessing
admissibility.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"Trench" <[email protected]> wrote in message
news:82h4b.14541$j26.3187@lakeread02...
    > On all cic visa application forms I've noticed the question "Have you ever
    > been arrested, charged, or convicted of a crime in any country" All the
    > discussion I've seen about inadmisability have related to convictions.
Does
    > someone become inadmissible by being arrested, or charged, with a crime,
    > even if they were not convicted? To me this seems rather unfair
considering
    > that an arrest can be conducted in most countries without any sort of
charge
    > being brought before a court. and a charge doesn't mean that a person
    > comitted a crime, they are simply being accused of it.

Trench

"Andrew Miller" <[email protected]> wrote in message
news:W7o4b.116232$K44.69751@edtnps84...
    > If someone has been arrested and/or is being charged then immigration will
    > wait for the conclusion of the legal process there before assessing
    > admissibility.

Okay, I think I should have been a little more clear with my question here,
In many places in the states there is what is known as a "continuance
without a finding" A continuance is issued for a period, 6 months, a year,
or however long, after that time period as long as there are no further
charges brought before the court from that person, the charges are
thrown out, it is only used in the case of misdemeanor offense.
It is not conviction, but the arrest and the fact that that person
was charged with a crime, will show on a the record, But it is still not
considered a conviction by US law, I'm confused as to how Canada
would view this sort of situation

Andrew Miller

My understanding is that such "continuance without finding" means that
charges are not dropped yet, thus are still pending.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"Trench" <[email protected]> wrote in message
news:wgp4b.14641$j26.1066@lakeread02...
    > "Andrew Miller" <[email protected]> wrote in message
    > news:W7o4b.116232$K44.69751@edtnps84...
    > > If someone has been arrested and/or is being charged then immigration
will
    > > wait for the conclusion of the legal process there before assessing
    > > admissibility.
    > >
    > Okay, I think I should have been a little more clear with my question
here,
    > In many places in the states there is what is known as a "continuance
    > without a finding" A continuance is issued for a period, 6 months, a year,
    > or however long, after that time period as long as there are no further
    > charges brought before the court from that person, the charges are
    > thrown out, it is only used in the case of misdemeanor offense.
    > It is not conviction, but the arrest and the fact that that person
    > was charged with a crime, will show on a the record, But it is still not
    > considered a conviction by US law, I'm confused as to how Canada
    > would view this sort of situation