AOS Question need help

[Chrinikki 5]

Hi i have a question regarding the AOS questionnaire. It asks if you have been convicted of or plead guilty to a crime or offence? Does being intoxicated in a public place count as a offence? it is not a criminal offence in Ontario Canada. It is a violation of the liquor licensee and control act of Ontario. Also if i do have to and yes to this question how would it effect my AoS process?

[Mike E 11,739]

2 minutes ago, Chrinikki said:

Hi i have a question regarding the AOS questionnaire. It asks if you have been convicted of or plead guilty to a crime or offence? Does being intoxicated in a public place count as a offence?

yes

2 minutes ago, Chrinikki said:

 

it is not a criminal offence in Ontario Canada. It is a violation of the liquor licensee and control act of Ontario. Also if i do have to and yes to this question how would it effect my AoS process?

It might.

[Rocio0010 5,579]

I would post the question in the Canada subforum if I were you.

[Chrinikki 5]

4 minutes ago, Mike E said:

yes

It might.

Do offences generally cause inadmissibility? 

[Chrinikki 5]

1 minute ago, Rocio0010 said:

I would post the question in the Canada subforum if I were you.

ok thank you

[Mike E 11,739]

5 minutes ago, Chrinikki said:

Do offences generally cause inadmissibility? 

Sometimes.  Depends on severity, frequency, and imo the subjective judgement of the IO.  

[JP John 65]

I would answer yes and it should not be a problem I don't think.  

[Chrinikki 5]

18 minutes ago, JP John said:

I would answer yes and it should not be a problem I don't think.  

From what i understand it should not be a problem its just very grey area since in Ontario PI is not a misdemeanor and does not go on your criminal record since its a provincial ticket. An arrest was made and would be have to be disclosed on question 25. But I'm just a little confused on how the IO dictates the issue since they don't recognize the law based on foreign countries, instead they base them after their own laws in the united states. And in the united stats PI is considered a "simple Misdemeanor" but that's just what i have understood from research.

[Mike E 11,739]

Canada doesn’t have misdemeanors and felonies. There are summary conviction offences and there are indictable offences.  
 

All of these:

 

misdemeanors, 

felonies, 

summary conviction offences

indictable offences

 

should result in a yes answer. Answering no might be considered material misrepresentation and cause you to be inadmissible.  

[powerpuff 6,705]

~ Topic moved from K1 forum to AOS K1 forum, OP is now doing AOS ~

[Family 3,988]

It’s not grey and you won’t have any problems…cause it does not render you inadmissible. You can file without getting your records but you WILL NEED THEM. Therefore your Criminal background record will come in clean and the court records will show “ section of the law..” for your offense.

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Canada.html

 

If you had a more serious issue then you would argue petty offense exception and would need specialized help to analyze Canadian/US statutes . https://www.ilrc.org/sites/default/files/resources/all_those_rules_cimt_june_2020.pdf
 

Unrelated…But Canada is really tough on Americans  trying to visit w public intoxication/ DUI misdemeanors  from what I see.

[Chrinikki 5]

2 hours ago, Family said:

It’s not grey and you won’t have any problems…cause it does not render you inadmissible. You can file without getting your records but you WILL NEED THEM. Therefore your Criminal background record will come in clean and the court records will show “ section of the law..” for your offense.

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Canada.html

 

If you had a more serious issue then you would argue petty offense exception and would need specialized help to analyze Canadian/US statutes . https://www.ilrc.org/sites/default/files/resources/all_those_rules_cimt_june_2020.pdf
 

Unrelated…But Canada is really tough on Americans  trying to visit w public intoxication/ DUI misdemeanors  from what I see.

Now out of curiosity if the "offence" which is basically just a traffic ticket in Ontario gets removed entirely without going through the court system. what information would i need to provide on the I-485 to prove that. Also i don't believe i would even be able to get an Arrest Record since its not filed because its not a Crime in Ontario its just a fine so the actual arrest is not recorded. 

[Family 3,988]

You actually said there WAS an arrest and you were answering YES. 

( It’s  NEVER a good idea to show immigration an arrest report anyway, u just argue w them not to go behind a record of conviction). 

All I recommend is you get Criminal Record check ( will show nothing GOOD THING) , and requesting court record search ( will show nothing GOOD THING) and you can “ explain “ detail the sec of law for ur offense .

[Family 3,988]

And I am certain you know that they know…& the very same offense would be treated VERY differently in other Provinces and could include mandatory detention.  

[Chrinikki 5]

5 minutes ago, Family said:

And I am certain you know that they know…& the very same offense would be treated VERY differently in other Provinces and could include mandatory detention.  

Yes the question isn't to whether or not i say "yes" to question 25 because the answer is of course yes..i was just curious to mainly know now what types of the documentation i should have ready prior to filling out the AoS. And as you stated a criminal record check and a court record search. And both of those should come back with no reports. So i can than just explain the arrest was for "

 

 

The Liquor license and control act of Ontario

Item#25

clause 31 (1) (a)

 

as an example

Edited April 19, 2022 by Chrinikki