Pardoned Criminal Record

[BLOC3000 0]

I am a Canadian with a pardoned record and currently work/live in the US on an H1B. I have been married to a USC for 2 years and intend on applying for an AOS then a GC, with the intention of citizenship.

As part of the process, I need to supply my past court records from my previous conviction (conditional discharge). However, with a pardoned record I can not access any court documents as they are sealed and my record in Canada is clean. Is it enough to simply provide an official document outlining my pardoned record in lieu of any other unobtainable court documentation?

Also, I have heard that even with an AOS / GC, people with convictions can be deported upon application of citizenship. Anyone have any substantiated details on either of these issues? Thanks for your help.

[Harsh_77 718]

As far as I am aware they can be deported if they lied on citizenship application and they lied on it.

Second instance is when they have participated in geonocide.

Like the recent deportation of a Nazi guard who had worked at several camps, he citizenship was revoked after years of him naturalizing.

[RICARDO4EVA2 194]

I am a Canadian with a pardoned record and currently work/live in the US on an H1B. I have been married to a USC for 2 years and intend on applying for an AOS then a GC, with the intention of citizenship.

As part of the process, I need to supply my past court records from my previous conviction (conditional discharge). However, with a pardoned record I can not access any court documents as they are sealed and my record in Canada is clean. Is it enough to simply provide an official document outlining my pardoned record in lieu of any other unobtainable court documentation?

Also, I have heard that even with an AOS / GC, people with convictions can be deported upon application of citizenship. Anyone have any substantiated details on either of these issues? Thanks for your help.

An Approved AOS does not now or in the near future prevent deportation that's not the purpose. Any Person holding a green Card given the circumstance will become deportable. IF they are not deportable after the crime... When it is time for them to apply for a GC renew then at that point that maybe denied which then puts them into an "out of status" state

which makes when illegal/elegible for deportation.

Dont think they'll be deported when an applicatication for natrualization is submitted. They may just denied citizenship. IF tey get denied then it's a matter of if USCIS will renew the GC based on good "moral & perhaps convictions" To get around that yes showing proof that the record was cleaned however still might make one inelegible for Citizenship but not always. I have a reletive who got his charges dropped/thrown out which maybe different however was jail for 1 day. He was able to get his citizenship. At the interview they told him that he passed the test including the written part however the case has to go under review for up to 120 days because of the past record. USCIS sent him an approval notice about 30 days after.

Even though your record is clean you must still obatin the information. The US/Canada often work together and charges that are placed upon someone seems to be avaliable to law officials in either country.

[Ontarkie 14,226]

You will need the court records there is no way around it. You will need to get the RCMP fingerprints police check and it has to be the fingerprints, which will come back clean, and you will have to call the court house where you appeared at. This is the fun part cause they will check the computers and find nothing ( if it was long ago) you need to get them to look it up in their books. You need to try and remember the date as close as you can,its sorted by dates not names(at least it was when I had it done). And send away for it, they have all records every last one they are never destroyed just locked away. Also make sure you get several certified copies from the court house. They will send you several without any problems. Well that's after you can convince them to actually look you up. You will need to send in a certified copy for every step till Naturalization is complete and they wont accept it any other way. And they wont return it to you, so its just easier to get several copies.