Deferred Probation and Visitation Rights

[Sephiria 0]

Hey everyone,

I'm new here and I can't seem to find the answer to this question anywhere. But my question has to do with my husband. He's on deferred probation in the States. I know if it was probation it would be considered an "imposed sentence" and he wouldn't have been allowed to come into Canada... but does anyone know anything about deferred probation?

(Apparently he's neither guilty nor innocent of the crime and all he has is an arrest records).

Will this affect his ability to come into Canada?

[thetreble 19]

Deferred probation means he plead guilty/no contest to try to avoid it appearing on his record.

He is still technically on probation for his crime for at least a few months. I would wait it out until his probation term is over with. I wouldn't risk it.

[Wis-Can 0]

Now this is just my understanding of it, but if he got deferred probation, then he pleaded quilty/no contest as thetreble stated. And, as long as he doesn't violate the conditions and its completed a record will still exist. I think he needs to file a request or petition to close it. You might want to get him to check on that before you apply to bring him to Canada. You don't want anything to possible get in the way of you being together. Good luck.

[Sephiria 0]

His deferred probation will be done this month. Will this affect his ability to come into Canada to visit me (say in february)?

[Wis-Can 0]

I can't tell you that, you might want to check into it more. Its ultimately the POE officer who decides if entry is allowed. I know I've read of DUI convictions, drug convictions etc, keeping people from entering Canada. If he's done this month with probation, check to see if he has to apply to have the record closed or if its automatic. Does he already have a passport?

[thetreble 19]

I'd do what wis-can is suggesting. Call the POE, ask them what they would do. At the end of the day, it is up to them to deem him admissible or not. Even if someone over the phone tells you it's okay, he still may get denied. It's just the way it is really.

[Sephiria 0]

(1) Passport is a no so I'm sending him the forms to get his passport.

(2) So it's really up to the POE officer then?

Is this one of those cases where I need to wait 5 years before doing the paperwork for rehabilitaiton. I know that in some offenses that's required otherwise he can't come into Canada.

[thetreble 19]

Honestly, I don't know. If the record is closed, then I don't think you should have to do anything.

He needs a passport so get on that and yes, everything is always up to the POE officer in the end.

[Wis-Can 0]

Hi again, your sending him passport papers, he has to apply for his passport in the US, not a Canadian one. He's a US citizen, so he needs a US passort.

Also, I found this on the web, check it out....

http://www.cic.gc.ca/english/information/a...ides/5312E2.asp

It may help you out. Good luck