would this cause my husband to be unable to sponsor me?

[jellyfish626]

My husband is a Canadian citizen. He lived for several years in the US, where we met and married. We are currently living in Canada. In 2006 or 2007 was "charged but not convicted" (on his US record) of domestic violence against his girlfriend (and mother of his child) at the time. He basically took a deferred sentence and completed classes and what not to avoid a conviction.

Would this then make it so he cannot sponsor me? If so is there anyway to make it possible?

 

[truesmile]

Nope, this would only be an issue (potentially), if it was on the record of the "applicant" (the one being sponsored).

 

[Reflectoman]

i would suggest contacting an immigration consultant, to get the best way forward on this. i presume you will have to explain about that conviction, but with a lawyer they may be able to put that explanation in the best possible way for you and your spouse.

it would be a bigger issue if it was the sponsor that had the conviction.

 

[scylla]

Nope, this would only be an issue (potentially), if it was on the record of the "applicant" (the one being sponsored).

Wrong. It affects the sponsor.

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

You may not be eligible to be a sponsor if you:

- were convicted of an offence of a sexual nature, a violent criminal offence, an offence against a relative that results in bodily harm or an attempt or threat to commit any such offences—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a record suspension (formerly called “pardons” in Canada), was issued (See Sponsorship Bar for Violent Crime below)


Jellyfish - I don't have the expertise to confirm if your husband is good to sponsor because he received a deferred sentence rather than being convicted. Hopefully someone who understands the rules better than I do will drop by to comment. Failing that, I think it would be a good idea to consult with a good immigration lawyer. Good luck!

 

[sariss]

Charged but not convicted.

 

[scylla]

Charged but not convicted.

But the charges weren't simply dropped. He took a deferred sentence. So I think the key question is how does CIC classify deferred sentences? Are they convictions or are they the equivalent of the charges being dropped? I don't know the answer unfortunately.

 

[sariss]

True - good point. I'd maybe get in contact with a professional, OP.

 

[scylla]

True - good point. I'd maybe get in contact with a professional, OP.

Agreed - that's what I would do.

 

[jellyfish626]

Thanks guys

 

[tamarindball]

Jellyfish

If the act was committed five years or more then he COULD be able to sponsor you. If you call CIC they will advise you or if you read additional CIC documents it will state the timeline even though the application itself might not state same if I recall correctly