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Question regarding criminal dispositions need some opinions

Question regarding criminal dispositions need some opinions

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Old Feb 11th 2001, 5:38 am
  #1  
mick
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Hi all...

I am going for spiousal based AOS and am expecting interview between now and April. I was
arrested in Canada just over three years ago for 5 different charges (two separate
arrests) I'm sure they would all entail moral turpitude (fraud, theft, etc.) All charges
were stayed which means I was NOT convicted (canadian law). I sent away for police
certificate and all came back clear. I have nothing on my record in the city where i live
and nothing on record in canada. I also sent away for court certified final disposition of
my charges. Well I got back two forms (because they were two cases) and on the front it
shows exactly what I was charged for (a really long explanation of what I was accused of
doing...ie. stole wallet, cashed forged check, etc.) and then on other side showed all my
court dates and said on bottom : all charges stayed by approval of crown attorney. IS this
going to cause me trouble? Nowhere does it say why they were stayed, no admission of
guilt, etc.

So my question is..... will the INS look at the scenarios and say "oh shes guilty anyways"
or will they follow the law which says that I was NOT convicted and did not admit guilt
therefore I am not inadmissable. I worry because the description of charges makes me look
reallllllly bad when both cases were misunderstandings (one was an ex getting revenge on
me for me charging him with assault) Will INS ask why I was charged, etc. or will they
just say "oh OK they are not on your record you are OK"?

Please help....should I maybe get a book on Canadian law so they understand the charges
and the definitions? If I show them at the interview ONLY the police cetificate and they
see its clear will they ask for more information ....

even if they see both will they be likely to say it warrants further scrutiny or will they
approveme right on the spot? Will the fact I was arrested 3 years ago help (ie because
they are not recent)?

Thank You
 
Old Feb 11th 2001, 11:19 am
  #2  
Alvena Ferreira
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Posts: n/a
Default

I think that the lack of convictions will be your salvation...be sure to take your court
records to the interview. alvena

mick wrote:
>
> Hi all...
>
> I am going for spiousal based AOS and am expecting interview between now and April. I
> was arrested in Canada just over three years ago for 5 different charges (two separate
> arrests) I'm sure they would all entail moral turpitude (fraud, theft, etc.) All charges
> were stayed which means I was NOT convicted (canadian law). I sent away for police
> certificate and all came back clear. I have nothing on my record in the city where i
> live and nothing on record in canada. I also sent away for court certified final
> disposition of my charges. Well I got back two forms (because they were two cases) and
> on the front it shows exactly what I was charged for (a really long explanation of what
> I was accused of doing...ie. stole wallet, cashed forged check, etc.) and then on other
> side showed all my court dates and said on bottom : all charges stayed by approval of
> crown attorney. IS this going to cause me trouble? Nowhere does it say why they were
> stayed, no admission of guilt, etc.
>
> So my question is..... will the INS look at the scenarios and say "oh shes guilty
> anyways" or will they follow the law which says that I was NOT convicted and did not
> admit guilt therefore I am not inadmissable. I worry because the description of charges
> makes me look reallllllly bad when both cases were misunderstandings (one was an ex
> getting revenge on me for me charging him with assault) Will INS ask why I was charged,
> etc. or will they just say "oh OK they are not on your record you are OK"?
>
> Please help....should I maybe get a book on Canadian law so they understand the charges
> and the definitions? If I show them at the interview ONLY the police cetificate and they
> see its clear will they ask for more information ....
>
> even if they see both will they be likely to say it warrants further scrutiny or will
> they approveme right on the spot? Will the fact I was arrested 3 years ago help (ie
> because they are not recent)?
>
> Thank You
 

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