Canadian Conviction History?

[bucknekkid 0]

i worried about this question also. manitoba has a zero tolerence rule on domestic violence.

both spouses are charged no matter what. so i have been finger printed by the rcmp no charges were laid against me as i was the abused. so i assume i answer yes to this. I do remember officer said the prints are sealed and sent to ottawa. Though the 2nd time it happened only he was charged i never had to appear so who knows how this all works.

Sorry to get off topic here, but in Manitoba if you call the police and say your spouse is abusing you, they arrest you both? Correct me if I have it wrong. But if not, that seems like that might deter a lot of abused women from reporting the abuse.

This should posted as another topic....You hijacked Karen's topic....

It was just a question, with an apology for going off topic, certainly not "hijacking" a thread. Also, understanding what TRKCKL11 meant would better help answer her question. However, now that I've had to explain that, we've gotten even further off topic

[TRKCKL11 0]

my question wasn't a hijack attempt, it was a case of what kind of things do you have to report. I have no idea if my case will show on records at the rcmp, but i was fingerprinted. Or is it just issues with drugs that they have? yes in manitoba it is automatic charge for both spouses. sorry if i ruined the topic.

[mercy 1]

my question wasn't a hijack attempt, it was a case of what kind of things do you have to report. I have no idea if my case will show on records at the rcmp, but i was fingerprinted. Or is it just issues with drugs that they have? yes in manitoba it is automatic charge for both spouses. sorry if i ruined the topic.

You didn't ruin it. So you were fingerprinted, but not charged? Or you were charged because both spouses are automatically? If you were arrested or convicted, then you have to report it. If not, I'm not sure. Since you haven't been approved yet, you've got time to get the ball rolling, so to speak. I'd start the fingerprinting process right away, since it can take awhile, and then if it turns out you don't need it, great. Hopefully someone else will be able to answer your question better.

David and Karen, did you hear back from Montreal on Friday?

[David and Karen 0]

David and Karen, did you hear back from Montreal on Friday?

Nope. Was really hoping I would hear something given that they have always been prompt in replying to me. Maybe Monday. I hope it isn't necessary because they are working at more than 120 days right now.

I cannot for the life of me remember reading that you needed a fingerprint search without a criminal record. I am sure that I read if you had a record you would need a fingerprint search for sure. Just can't clearly remember the other way. Certainly if I had the 120+ days to do it....I would just for peace of mind. Not an option now though. I have searched here for those that had to get a fingerprint search without a criminal record and no USCIS. I find nothing!

If anyone knows different please send me the link(s).

Karen

[zyggy 9]

1) The US considers a conditional discharge as a conviction... so if your crime fits the definition of a crime of moral turpitude, a waiver may be required of you.

2) I would apply for the fingerprint check now.... I think you're going to need it...

[David and Karen 0]

1) The US considers a conditional discharge as a conviction... so if your crime fits the definition of a crime of moral turpitude, a waiver may be required of you.

2) I would apply for the fingerprint check now.... I think you're going to need it...

Talk about confusion! The commisionaires office says not to report it. Ack! I am overwhelmed. Ok according to them the fingerprint search wouldn't be back in time. Period. So I can start the process but I will not have any results to bring to Montreal on the 16th.

I wonder for those out there that may be able to answer..... what is the likelyhood of being turned down over something that was discharged over ten years ago and doesn't even show on a CPIC search. The police certificate specifically says Absolute/Conditional Discharge NO/NO.

I am so confused and really upset. I mean I am fine answering yes to the question especially knowing the CPIC and local are both clear. My concern is do they turn you down because there was at one time a charge and conditional discharge?

Man I have a headache...

[David and Karen 0]

Ok...posting back to update you all on this round n round. I had emailed Montreal asking when fingerprinting was necessary and they replied. First my question followed by their response:

"Can you advise me when it is necessary to have a fingerprint search done? The police department will decide that."

Go figure! Nothing in this whole dang process is at all clear. Well clearly the police didn't feel a need.

Also with regards to zyggys suggestion of a waiver that applies if you have a record apparently. Which I do not. So I am absolutely pulling my hair out. I have no idea where to turn.

Might I add that Montreal is of no help. I suppose it'll be up to the officer that does the interview and their interpretation of things.

Just for kicks I may call Montreal and I am sure to get yet another answer.

Does anyone know if there is a phone # one can call in the event of such gross misinformation? Someone that we can speak with other than the call agents that take the calls?

Help!!

[David and Karen 0]

Called Montreal and they say a fingerprint search is not necessary with a clear CPIC check.

*shrugs*

[Flames9_RN 358]

Print off the email and take it with you to the interview!!

On a side note (just came to me, not sure why) Just prior to my interview in Dec 2004, I called Mtl in reagrds do I need the original of my wifes Birth cert. The lady on the phone had no clue, she wouldn't say yes or no, which leads me to belive they have no clue on what is required and what isnt, they most likley are "just" clerical workers ( I say just, as clerical workers are still important) Hope it all works out for u

[David and Karen 0]

Print off the email and take it with you to the interview!!

On a side note (just came to me, not sure why) Just prior to my interview in Dec 2004, I called Mtl in reagrds do I need the original of my wifes Birth cert. The lady on the phone had no clue, she wouldn't say yes or no, which leads me to belive they have no clue on what is required and what isnt, they most likley are "just" clerical workers ( I say just, as clerical workers are still important) Hope it all works out for u

Thus far I have printed off all of my emails I have sent to Montreal. I have gone through each one and highlighted my question and then their response. I plan to add this one to the list.

I also agree about those on the phone. I say that because of the vague answers I get via email and telephone at times. I think they are very limited on their knowledge. Which can be a downfall to someone like myself. I can't find anywhere that I can obtain a telephone # or email address other than those we already use.

As I say....it all lays in the interviewer I think.

[wally 0]

in my opinion and based on what I've read at travelstate.gov, I would say you are good to go...no criminal record, no expungement, no time served, honest on your d-156 (or whatever that is) even if the crime is of moral torpitude...

I can understand that it still feels like a gray hazy area...it took me 3 tries before I got someone who would help me at the consulate....why don't you send another email with a little more information, giving them more specific information and your concerns...each time I contacted MTL, it seemed to be a different person who responded...you still have some time and it couldn't hurt to try and find out what you might be dealing with. My contact was absolutely certain as to the outcome...and trust me, I asked her several times.

Print off the email and take it with you to the interview!!

On a side note (just came to me, not sure why) Just prior to my interview in Dec 2004, I called Mtl in reagrds do I need the original of my wifes Birth cert. The lady on the phone had no clue, she wouldn't say yes or no, which leads me to belive they have no clue on what is required and what isnt, they most likley are "just" clerical workers ( I say just, as clerical workers are still important) Hope it all works out for u

Thus far I have printed off all of my emails I have sent to Montreal. I have gone through each one and highlighted my question and then their response. I plan to add this one to the list.

I also agree about those on the phone. I say that because of the vague answers I get via email and telephone at times. I think they are very limited on their knowledge. Which can be a downfall to someone like myself. I can't find anywhere that I can obtain a telephone # or email address other than those we already use.

As I say....it all lays in the interviewer I think.

[David and Karen 0]

in my opinion and based on what I've read at travelstate.gov, I would say you are good to go...no criminal record, no expungement, no time served, honest on your d-156 (or whatever that is) even if the crime is of moral torpitude...

I can understand that it still feels like a gray hazy area...it took me 3 tries before I got someone who would help me at the consulate....why don't you send another email with a little more information, giving them more specific information and your concerns...each time I contacted MTL, it seemed to be a different person who responded...you still have some time and it couldn't hurt to try and find out what you might be dealing with. My contact was absolutely certain as to the outcome...and trust me, I asked her several times.

See that is just it. If could only get someone that I thought was confident in their answers either by email or phone I would feel so much better. It is the state of unknown. It is the blow off you feel when you call or email and someone with little experience answers. It really means nothing to them. So very frustrating!

[smallcan999 0]

1) The US considers a conditional discharge as a conviction... so if your crime fits the definition of a crime of moral turpitude, a waiver may be required of you.

2) I would apply for the fingerprint check now.... I think you're going to need it...

What crimes constitute moral turpitude? I know things like robbery, murder but what others constitute this does anyone know? And does a length of time past since any problems make any difference?

[girl 37 7]

What crimes constitute moral turpitude? I know things like robbery, murder but what others constitute this does anyone know? And does a length of time past since any problems make any difference?

Google is your friend: FAM Vol 9.

[zyggy 9]

The Question asked in the DS-156 is as follows:

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action?

You were convicted of a crime.. you perfromed your sentence and upon perfroming the sentence, you were pardoned of the crime and the record of the crime was then expunged from your record.

Reading the above question and your situation, you must answer "Yes" and explain the crime. You must also bring a copy of your court records about the case and allow the Consulate to make the decision on whether or not a waiver is required.

The question is very, very clear... If you answer "No", you will have committed a misrepresentation.. and the penalties for that are far, far worse that the penalty for divulging the crime... Keep your eye on the prize.. getting to the US to be with your spouse... don't put that all at risk by trying to take a very risky (and illegal) short cut.

I also invite you to read the following passage from the FAM

9 FAM 40.21(a) N3.2-1 Evidence of Conviction

(TL:VISA-46; 08-26-1991)

Official records generally suffice to establish the existence of a conviction. However, some convictions that would make INA 212(a)(2)(A)(i)(I) applicable are no longer a matter of record. It must be borne in mind that not all expungements or pardons serve to relieve the individual of the effects of the conviction for immigration purposes. Therefore, in cases where an expungement or pardon may have removed the record of conviction from official records, or where the accuracy of records is otherwise suspect, the consular officer may require any evidence relevant to the alien’s history which may appear necessary to determine the facts.

Edited November 1, 2006 by zyggy