Fingerprints

[IR5FORMUMSIE 850]

I believe if he is in the GTA area, he can goto the Commisionaires and get the fingerprint check completed there. They do it electronically, and it is MUCH faster than the RCMP

http://www.commissionaires.ca/services/fingerprinting.html

http://www.commissionaires.ca/offices/list...=fingerprinting scrol down for Ontario!!

Actually their stuff goes to the RCMP computer in Ottawa. There's also another place, http://www.policecheck.com that does it electronically through the same system but is run by ex-police officers, they're all over Canada too. I've had friends go there and to the commissionaires for fingerprints and they both use the same system. My understanding is that depending on the charge and conviction, etc. some fingerprint records can come back very quickly and some take a very, very long time, it probably has something to do with the crime.

It wouldn't hurt to bug Stephen Harper' Office, Belle is right about the possibility of a waiver but let's get those fingerprints first and then worry about it. Good luck Cin.

[Cin&Anil 0]

Hi,

My fiance - living in Toronto, has a criminal record. We are waiting.. not so patiently.. for the police certificate + fingerprint to arrive. It is getting close and may not be here for the interview.

Our interview date is 6/20. Any suggestions on how to speed this up. That looks the only thing missing..

that is my birthday weekend, and we are meeting in Montreal for the interview.. hoping to really celebrate ...

Any thoughts?

Cin

Hi Everyone.. thanks for all the help.. So now the question is.. if we don't get the fingerprints or police records/court records in time for the interview, what is likely to happen?

We still have a few days left.. Keep us in your prayers!!

Cin

[IR5FORMUMSIE 850]

Hi,

My fiance - living in Toronto, has a criminal record. We are waiting.. not so patiently.. for the police certificate + fingerprint to arrive. It is getting close and may not be here for the interview.

Our interview date is 6/20. Any suggestions on how to speed this up. That looks the only thing missing..

that is my birthday weekend, and we are meeting in Montreal for the interview.. hoping to really celebrate ...

Any thoughts?

Cin

Hi Everyone.. thanks for all the help.. So now the question is.. if we don't get the fingerprints or police records/court records in time for the interview, what is likely to happen?

We still have a few days left.. Keep us in your prayers!!

Cin

Most likely they will hold on to your file and wait for the fingerprints. They might approve you and then just wait to confirm the fingerprints or they might just put the whole file on hold. It's hard to say exactly what they will do but those are the most likely scenarios. We will most definitely think of you in our prayers. Let's hope the fingerprints arrive before your interview but don't sweat it if they don't.

[k34 0]

snip... BTW..if you are dealing with a criminal record, are you aware that there is a good chance the visa will be denied and a waiver will have to be filed? Just don't want you to be blindsided by that in case you didn't know.

Whoa... what? Does this depend on the offense? I was under the impression that it would only be a problem in the event of a crime of "moral terpratude (sp)" or other things that could indicate that you could be a significantly negative addition to the population.

I have a DUI (which was actually related to a prescription drug rather than the usual booze)... could this be a problem? The conviction was 4 years ago if that makes a difference.

Edited June 14, 2008 by kelland34

[Reba 2]

Any criminal offence for which you served a sentence (whether it was jail time or probation or paid a fine) could result in a denial of your visa and a filing of a waiver for you to prove you are rehabiliated and will not re-offend. DUI included.

If you have a criminal record, you have to have the RCMP fingerprints check done, and submitt that with your DS package to the consulate. The DUI may or may not cause a denial, its really up to the consulate.

[F1Belle 0]

A CIMT (crime involving moral turpitude) can be just about anything.

Anyways..here is the visa info:

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

Edited June 14, 2008 by F1Belle

[IR5FORMUMSIE 850]

snip... BTW..if you are dealing with a criminal record, are you aware that there is a good chance the visa will be denied and a waiver will have to be filed? Just don't want you to be blindsided by that in case you didn't know.

Whoa... what? Does this depend on the offense? I was under the impression that it would only be a problem in the event of a crime of "moral terpratude (sp)" or other things that could indicate that you could be a significantly negative addition to the population.

I have a DUI (which was actually related to a prescription drug rather than the usual booze)... could this be a problem? The conviction was 4 years ago if that makes a difference.

There have been so many postings on what is (I've posted a few million times on this myself , kudos to you F1Belle my fingers didn't feel like typing it again ) and what is not a crime of moral turpitude and most folks get worked up for nothing. The gist of it is if you served time for something and the time you served was 6 mos. or less then you are likely OK. In Canada these would be classified as summary conviction offences (misdemeanors in the US). CMT are those crimes, no matter how minor that require a guilty mind (mens rea), this includes: fraud (even switching price tags) and theft (even shoplifting qualifies). The big boys (murder, rape, arson, armed robbery, etc.) all carry maximum sentences of much more than six months incarceration and generally require mens rea. Assault, if tried as a summary offence is not a CMT. If it is only one incident then don't worry about it, the exemption will cover it. The only thing that USCIS goes crazy over is the controlled substance bit so drug crimes, even possession, are on the same level of sin as being a mass murderer. DUI is not a CMT. DUI while knowing that your license (licence) is suspended for DUI is a CMT because you were aware of it. You had a bad prescription drug interaction that's all and it never happened again, right? I assume that no one was hurt and the Crown proceeded by way of summary prosecution. As Reba correctly pointed out, you will need your fingerprints to be sent off to the RCMP. 99% of the time the Consular Officer won't have a problem and you will be approved.

[F1Belle 0]

Hubbys waiver was for mischief (broke store window) in 1988, no time served, just had to pay a fine.

To be safe make sure to have all documents relating to the offense so the CO has all the information needed...BTW, in hubbys case the incident occured in Montreal and he was required by the consulate to have them translated.

[IR5FORMUMSIE 850]

Hubbys waiver was for mischief (broke store window) in 1988, no time served, just had to pay a fine.

To be safe make sure to have all documents relating to the offense so the CO has all the information needed...BTW, in hubbys case the incident occured in Montreal and he was required by the consulate to have them translated.

I'm surprised that he needed an actual waiver, usually they just make a one-time exception for this kind of stuff. I wouldn't blame DH, it's not his fault, this guy put him up to it.

[F1Belle 0]

It all worked out great in the end, so no problem. MTL was super nice about everything when we went to the interview. I had the waiver prepared so at least I didn't get shocked by not knowing about the waiver and denial.

Luckily for us my senator was able to expedite the waiver. Next week hubby goes for citizenship interview!

[k34 0]

Thanks for the replies... I was more than a little worried, but knowing that there is only a chance that I will have issues relating to this takes a load off my mind. I am sure you all know that any one unexpected thing in this process can suddenly seem like too much to handle. I have a feeling I will be ok, since I have everything else going for me... I have been employed in a professional capacity with the federal government for 13 years, my baby has a great job and owns a house, etc.

But having read this, I will get my paperwork in order relating to the offense.