Criminal Record CR1 Beneficary

[noots 0]

I have a somewhat complicated question regarding CR1 and a criminal record. 

If the beneficiary(from Canada) was charged with Simple Assault. I've left a definition of that at the bottom of this thread. The charge would have been laid in 2018 and because such a backlog in Canadian court system, never got finalized until 2020. The charges ended up being withdrawn and entered into a peacebond for 9 months. 

No other criminal convictions since. 

 

My question is has anybody done the CR1 application with this kind of a charge, and would it make you ineligiable for the visa. 

Any tips for things I will need along the way or anything that can help me when I submit the forms ? Is this worth me getting a lawyer for the process or can I submit it myself. 

 

 

 

 

266 Every one who commits an assault is guilty of

When a person is charged by the police with simple assault their paperwork will state they are being charged under Section 266 which is based on the above noted prior section. Section 266 reads as follows:

    (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or      (b) an offence punishable on summary conviction.      Like most criminal offences in Canada, simple assault is a Crown elect indictable offence. This means the police have a right to fingerprint the accused and the Crown can proceed either by summary conviction (misdemeanor) or by indictment (felony). How they choose to proceed can impact the maximum possible sentence (6 months vs. 5 years in the prison)."" Simple assault refers to the most basic form of assault charges in Canada. These cases often result in relatively minor injuries if any and do not involve the use of a weapon. It is one of the most common criminal offences in Canada and is sometimes also referred to as a “common assault”. 

 

[randomstairs 304]

41 minutes ago, noots said:

I have a somewhat complicated question regarding CR1 and a criminal record. 

If the beneficiary(from Canada) was charged with Simple Assault. I've left a definition of that at the bottom of this thread. The charge would have been laid in 2018 and because such a backlog in Canadian court system, never got finalized until 2020. The charges ended up being withdrawn and entered into a peacebond for 9 months. 

No other criminal convictions since. 

 

My question is has anybody done the CR1 application with this kind of a charge, and would it make you ineligiable for the visa. 

Any tips for things I will need along the way or anything that can help me when I submit the forms ? Is this worth me getting a lawyer for the process or can I submit it myself. 

 

 

 

 

266 Every one who commits an assault is guilty of

When a person is charged by the police with simple assault their paperwork will state they are being charged under Section 266 which is based on the above noted prior section. Section 266 reads as follows:

    (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or      (b) an offence punishable on summary conviction.      Like most criminal offences in Canada, simple assault is a Crown elect indictable offence. This means the police have a right to fingerprint the accused and the Crown can proceed either by summary conviction (misdemeanor) or by indictment (felony). How they choose to proceed can impact the maximum possible sentence (6 months vs. 5 years in the prison)."" Simple assault refers to the most basic form of assault charges in Canada. These cases often result in relatively minor injuries if any and do not involve the use of a weapon. It is one of the most common criminal offences in Canada and is sometimes also referred to as a “common assault”. 

 

Did the defendant enter a guilty plea? If not, the lack of conviction will probably make them eligible for the visa (not a conviction for USCIS purposes). But, if conviction for immigration purposes has been established, this offense may count as a CIMT (crime involving moral turpitude), which could preclude the applicant from being admitted. Talking to a lawyer may be a good idea.    

[noots 0]

A peacebond in Canada isn’t considered an admission of guilt, but they don’t have them in America so I don’t know what they would consider it as 

[randomstairs 304]

On 11/11/2024 at 12:28 PM, noots said:

A peacebond in Canada isn’t considered an admission of guilt, but they don’t have them in America so I don’t know what they would consider it as 

If there was no plea it most likely won't count as a conviction. They may still enquire about what actually happened. 

[TiffAndMike 60]

I'd talk to an immigration attorney about it. There are plenty of them out there that give free consultations. My attorney only specializes in fiance and spouse visas and he gives free consultations. I could give you his name if you want. If an attorney says it will be an issue, then it would probably be smart to hire one in the event that you have to apply for a waiver. Most attorneys will not touch an immigration case unless they are the one who filed it in the first place.

 

If I remember correctly, if you only have one CIMT and it wasn't super serious then you should be okay. I'd double check that though as it has been over a year since I looked into it.

 

Also, I'd go ahead and have them get a copy of their court and police records ahead of time so they know exactly what appears on it. 

 

I had my husband do this as we were worried about stuff he did when he was a minor coming back to haunt us.