immigration lawyer in Canada?

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Old Jan 20th 2002, 5:00 am
  #1  
Joe And Melinda
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We're in the process of filing for the K3 visa for my spouse. However, they were
convicted 12 years ago of possession over $1000 (long story). From what I've been
reading, there is a chance that they may not have to file the waiver because they
were only given a one year suspended sentence and no jail time. The information I've
read states that if the sentence wasn't more than a year and jail time was 6 months
or less, a waiver isn't required. I don't know if I'm reading this correctly or not.
But, I'd sure like to know where we'll be standing on this before we get to Montreal.
Will the people working at Montreal know all the little quirks that could avoid
needing the waiver, or should I point that out to them? i don't want to make them
angry. I just thought a lawyer might have a better idea so I could figure out if we
can start packing and selling stuff or if I have to wait to see if the waiver is
approved. It makes a big difference. Any input? Thanks.
 
Old Jan 20th 2002, 3:04 pm
  #2  
Onigiri
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10 thousand-plus in cash and undeclared when entering the US? or a $1000 worth of
some thingy while entering Canada- like cigarettes ?

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A sentence for one year is longer than a sentence for 6 months. In some places, there
are mandatory sentencing guidelines. And that forces the system to adapt more
lineancy where a crime is more like a big boo-boo, for the first time and no apparent
victims involved.

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Get a lawyer.
 
Old Jan 20th 2002, 7:24 pm
  #3  
Ben Johnson
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If you feel you may need a lawyer for this.... you should be looking for one in the
US....not Canada.

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Old Jan 27th 2002, 3:35 am
  #4  
Newyorker
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Considering the crime was over 10 years ago, I don't even think the RCMP has these
records retained.

My guess is that provided this wasn't a crime of moral turpitude, it's not much to
worry about as long as you tell the truth about it.

However, if I were in your shoes, I wouldn't want to 'guess'.

I would suggest that you have Canadian spouse take advantage of the free half hour
consult that Legal Aid will provide in Canada. With the information obtained, you
would use a US immigration lawyer if needed.

As well, I don't know if you have seen the RCMP information on requesting pardons and
purges of criminal records.

Here it is: http://www.rcmp-grc.gc.ca/html/crimrec_pandp.htm Regards, NewYorker
---------------------------------------
All advice given is personal, not professional. If you need professional immigration
assistance, please consult a lawyer.

http://www.mindspring.com/~docsteen/...o/visainfo.htm
 

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