US Husband Has Criminal Record

[mep 2]

Hello,

I realize that this may not be the place to ask this question, but everyone on this site was so helpful to me years ago when I was applying for my visa to move to the States.

Since that time my husband has incurred a criminal record and is inadmissable to Canada. His probation was termed early due to good behavior and we would like to apply for a temporary resident visa for a visit next year. He's not eligible for full rehabilitation because 5 years hasn't passed.

Does anyone have any experience with this?

I'm scared witless that he will never be able to travel back with me, so only kind replies please. I can't handle any "horror" stories.

Edited November 27, 2012 by mep

[Cathi 5,783]

are you from the US or Canada? There is no such thing as a temporary resident visa for a spouse to the US.

[mep 2]

I'm Canadian, living in the US. The temp resident visa applies to non-Canadians who have a criminal record.

[The Mean Lady 604]

I'm confused, are you trying to get him to come into Canada?

What are the requirements you must meet for a TRV?

You must show the officer that you meet the requirements of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations and that you will be in Canada for a temporary stay.

You must also:

• satisfy an officer that you will leave Canada at the end of your stay,

• show that you have enough money to maintain yourself and your family members in Canada and to return home,

• not intend to work or study in Canada unless authorized to do so,

• be law abiding and have no record of criminal activity,

• not be a risk to the security of Canada,

• provide any additional document requested by the officer to establish your admissibility, and

• be in good health (complete a medical examination if required).

Edited November 28, 2012 by KDubovik

[Kathryn41 3,205]

Temporary Resident visas are the Canadian equivalent of a Visitor's visa. Your husband is not eligible for a Temporary Resident visa. He won't be allowed into Canada until he has completed rehabilitation according to the Canadian immigration requirements. You can request a special consideration (used to be called a Minister's Permit on humanitarian grounds) for him to visit but I doubt it would be approved as you are resident in the US and family can visit you there. I'm sorry, but outside of that I don't know of any other options other than waiting out the 5 year time limit and then proving the rehabilitation.

http://www.cic.gc.ca...OC.asp#overview

If it helps any, when I still lived in Canada and worked for a Member of Parliament we had several Canadians involved with foreign citizens who had criminal records. One had satisfied the time period and applied successfully for rehabilitation and the other one applied for a special minister's permit which was not granted, but they were willing to wait out the final year until he was eligible to apply for rehabilitation, so Canada is not unreasonable in recognizing rehabilitation unless the offenses are ones that are very serious.

Edited November 28, 2012 by Kathryn41

[mep 2]

Thank you everyone for applying. I have read any info I can find online till I'm exhausted. Is there someone I can contact to speak with? A lawyer, perhaps?

My husband is on the sex offender registry (minor offence, public nudity at a ballgame), but on the registry, nonetheless. He will be on the registry for 20 years, has already completed his probation. I am wondering if this is considered part of the sentence, which would mean another 25 years until he could apply for rehabilitation.

[bsd058 296]

Thank you everyone for applying. I have read any info I can find online till I'm exhausted. Is there someone I can contact to speak with? A lawyer, perhaps?

My husband is on the sex offender registry (minor offence, public nudity at a ballgame), but on the registry, nonetheless. He will be on the registry for 20 years, has already completed his probation. I am wondering if this is considered part of the sentence, which would mean another 25 years until he could apply for rehabilitation.

What?! They put him on the sex offender list for that?! Not saying I would ever do it, but that seems a little extreme. I can't believe something like that would prevent him from entering Canada.

[The Mean Lady 604]

What?! They put him on the sex offender list for that?! Not saying I would ever do it, but that seems a little extreme. I can't believe something like that would prevent him from entering Canada.

Children attend ball games so you effectively would be flashing a bunch of children in the process.

While still minor, it has its consequences.

Some people don't think these things through.

And many are most times impaired by alcohol which obviously impairs the thought process.

Sigh...

[bsd058 296]

Children attend ball games so you effectively would be flashing a bunch of children in the process.

While still minor, it has its consequences.

Some people don't think these things through.

And many are most times impaired by alcohol which obviously impairs the thought process.

Sigh...

True. I agree it should be a crime. I don't know about making it a sexual offense, but I can see where they are coming from. It is what it is.